I. INTRODUCTION
In a landmark decision, Diamond Kuyumculuk Ticaret Limited Şirketi v. Med-Art Sağlık Hizmetleri ve Kuyumculuk Sanayi ve Limited Şirketi (the “BLUEDIAMOND decision”),¹ the General Assembly of the Civil Chambers of the Court of Appeals of Republic of Turkey found a likelihood of confusion between two trademarks, each covering, inter alia, jewelry and clock goods and design services, based only on the common use of the word “diamond,” which is inarguably…
»
On February 24 2016, the Ministry of Science, Industry and Technology circulated the draft IP Code on the website of Turkish Patent Institute (TPI). Having passed through various informal and formal consultation stages, the draft IP Code is now in its final enactment stage before the Turkish Parliament and expected to enter into force before the end of 2016.
The draft IP code will replace the decree-laws pertaining to protection of trade marks, patents, geographical…
»
Turkey is on a journey toward becoming an oil and gas hub. But the country has to face geopolitical and financial challenges to achieve this goal, while it enjoys a perfect geographic location and has the necessary legislation; say Ozan Karaduman, managing associate of Istanbul-based law firm Gun and Partners, and associate Direnç Bada.
Turkey is not a large producer of oil and natural gas resources. Its oil‒gas production is minimal when compared to its hydrocarbon-rich…
»
The Protection of Personal Data Law numbered 6698 (‘Law’) was enacted in Turkey on 7 April 2016, with detailed provisions relating to the protection of personal data. It defines ‘personal data’ as ‘any type of information that relates to an identified or identifiable natural person.’ The main principle is that personal data can only be transferred abroad once the data subject has provided explicit consent. However, there are certain exceptions, such as if the processing is…
»
A new Turkish intellectual property (IP) code has been touted since the mid-2000s and although several drafts have been prepared, none of them have been enacted despite some changes made in the legislation already in force. Finally, this year, the Draft IP Code, a single code covering trademarks, geographical indications, designs, utility models, and patents, was prepared.On February 24, 2016, The Ministry of Science, Industry and Technology opened the Draft Code for public…
»
In May 2016 the Pharmaceutical and Medical Device Agency – established under the Ministry of Health – amended the Guidelines on the Supply from Abroad and the Use of Pharmaceuticals, which changed the practice of the Named Patient Programme (NPP) in Turkey. Supplying nonapproved or unavailable pharmaceutical products from abroad is an exceptional route under the NPP. However, increased regulatory and price pressures in recent years have resulted in more products becoming…
»
The aftermath of Turkey’s unsuccessful military coup last week has affected every walk of the country’s life, much so in the reorganisation of its judiciary. CDR speaks to leading Turkish lawyers about the far-reaching judicial consequences.
One of Turkey’s most affected sectors after the military coup attempt on 15 July was the judiciary, with over 2000 judges and prosecutors having been detained – “almost one-fifth of the judicial workforce in one go”, Mehmet Gün, the…
»
This analysis article gives an overview of the new law on the protection of personal data that has recently entered into force in Turkey. It analyses the most important points under the new law and the many obligations that data controllers must now comply with when dealing with personal data.
Contents
• Important concepts• Obtaining consent
• Exceptions for obtaining consent• Transfer of personal data
• Responsibilities of data controllers related to personal data
•…
»
While Turkey was welcoming its new Data Protection Law in April 2016, the EU introduced the General Data Protection Regulation (GDPR) which will replace the outdated EU Data Protection Directive. GDPR is accepted as a new era in data protection as it is expanding its applicability to data controllers residing outside the EU.
In this sense, the Regulation has a global effect, since it applies to data controllers or processors outside the EU who offer goods or services to data…
»
The failed coup represents the loss of almost one fifth of the judicial workforce in one go. It leaves an enormous workload, as the Judiciary will have to deal with the huge number of charges that are being brought before them, not only against their own members but also against thousands of military and public personnel. However, it should be noted that the majority of the conglomerate judiciary remains in duty and intact as the courts continued their normal functioning on…
»
A trademark application consisting of a 3D multi-visual representation of the famous Absolut vodka bottle filed for Class 33 alcoholic beverages was initially rejected by the Turkish Patent Institute (TPI) on absolute grounds, as the application was found devoid of distinctive character under Article 7(a) of Trademark Decree Law 556.
In response to an appeal, the TPI board held that even though there were no sufficient grounds to declare the application inherently…
»
Introduction
Under Article 82 of the Commercial Code (6102/2011), merchants are obliged to preserve company books and records, such as daybooks, inventories, general ledgers and general assembly decision books. The obligation to preserve a company’s books extends to post-liquidation, as per Article 544 of the Commercial Code, which provides that a company’s books and records must be preserved following the end of the liquidation process in accordance with Article 82. Article…
»
