Corporate entities and acquisition methods1. What are the main corporate entities commonly involved in private acquisitions?In private acquisitions the main companies used are joint stock companies and limited liability companies.
2. Are there any restrictions under corporate law on the transfer of shares in a private company? Are there any restrictions on acquisitions by foreign buyers?Restrictions on share transferUnder the Turkish Commercial Code numbered 6102 there are no...»
1. How does national law regulate sales promotions?
Sales promotions in Turkey are regulated by:
Law on the Protection of the Consumer No. 6502 (Consumer Law).
Turkish Commercial Code numbered 6762 (TCC).
Law on Regulation of Retail Trade No. 6585 (Retail Law).
Regulation on Commercial Advertisements and Unfair Practices (Advertising Regulation).
Regulation on Lotteries and Drawings for Non-Cash Rewards (Prize Regulation).
2. What obligations or st...»
Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties and what, if any, amendments or reservations has your country made to such treaties?
Except for the multilateral treaties on family law, Turkey is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. However, Turkey...»
Pre-conditions for distribution
1. What are the legal pre-conditions for a drug to be distributed within the jurisdiction?
Under the Regulation on Licensing of Medicinal Products for Human Use (Official Gazette No. 25705 of 19 January 2005), no medicinal product for human use can be marketed unless it is licensed in Turkey. The licence is issued by the Medicines and Medical Devices Agency (Agency) of the Ministry of Health
For placing the product on...»
1. What is the regulatory framework for medical products?
The healthcare system is principally governed by the Fundamental Law on Healthcare Services No. 3359, which establishes a healthcare system providing equal and equitable access and gives the Ministry of Health (MoH) authority to issue healthcare-related regulations.
The regulations of the MoH further regulate the pre- and post-market conditions for the commercialisation of medical produc...»
Legislative framework and causes of action
Turkey is a party to most major international treaties relating to intellectual property, including the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Paris Convention for the Protection of Industrial Property. Turkey is also a member of international organisations such as the World Trade Organisation that have a connection with intellectual property.
At national level, the Industrial Property Code (6769...»
Accountability, Processing in Third Countries, and Information
(A) Are there any special requirements, by way of law of practice, for technical and organisational measures with regard to the processing of genetic-, biometric-, or health data in your jurisdiction?
Pursuant to Article 6 of the Turkish Data Protection Law numbered 6698 (“DPL”), personal data relating to the health, sexual life, biometric and genetic data are deemed to be sensitive personal data. While...»
Overview of main IPRs
1. What are the main IPRs in your jurisdiction? How are they protected?
Patents and utility models
Patents. Patents are granted for inventions which are all of the following:
Represent an inventive step (that is, surpass the current standard for state-of-the-art in a particular industry).
Capable of industrial application.
The following categories are exempted from patent protection:
Discoveries, scientific theories, and mathematical methods.
1. What are the legal requirements to obtain a patent?
The applicant has to prove the following to obtain a patent (Article 82/1, Industrial Property Code (IPC)):
2. What categories are excluded from patent protection?
The following are not considered as inventions and therefore cannot be patented (Article 82/2, Industrial Property Code (IPC)):
Discoveries, scientific theories, mathematical method.
Plans, methods and...»
Sources of law
1. What are the main areas of law and regulation relating to product liability?
Turkish law does not have specific legislation for product liability. Product liability claims are based mainly on tort law and contract law provisions under the Code of Obligations 6098.
In addition, consumers can base product liability claims on the Consumer Protection Law 6502, enacted in light of EU directives, including:
Directive 2002/65/EC concerning distance marketing of co...»
World Intellectual Property Rights and Remedies features analysis and commentary by leading practitioners on key intellectual property legislation from jurisdictions throughout Europe, Latin America, and Asia, as well as English translations of key intellectual property legislation from non-English-speaking jurisdictions. Each chapter clearly describes the nuances of local practice regarding how to register and protect copyrights, patents, trade, and service marks. Find helpf...»
1. Primary sources of law, regulation and practice
What are the primary sources of law, regulation and practice relating to corporate governance? Is it mandatory for listed companies to comply with listing rules or do they apply on a ‘comply or explain’ basis?
The Turkish Commercial Code (TCC) dated 13 January 2011 (Law No. 6102) (TCC) entered into force on 1 July 2012. The TCC has important objectives such as ensuring transparency, adopting corporate governance standards and...»