Business Crime and Investigations in Turkey
Corporate manslaughter Regulatory provisions and authorities 1. What is the main legislation relevant to corporate manslaughter? There is no specific law that regulates corporate manslaughter in Turkey. However, in the Turkish Criminal Code (Law No 5237), there is a general provision regarding negligent homicide which can be a legal basis for prosecution, depending on the specifics of the case. Offences 2. What is the specific offence that can be used to prosecute corporate… »
Distribution and Marketing of Drugs in Turkey
A Q&A guide to distribution and marketing of drugs law in Turkey. The Q&A gives a high level overview of distribution and marketing of drugs law, including pre-conditions for distribution; licensing; wholesale distribution; marketing to consumers; marketing to professionals and engagement with patient organisations. To compare answers across multiple jurisdictions, visit the Distribution and Marketing of Drugs Country Q&A Tool. This Q&A is part of the global… »
Private Mergers and Acquisitions in Turkey
Corporate entities and acquisition methods 1. 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 transfer Under the Turkish Commercial Code numbered 6102 there… »
Turkey Chapter of Equivalence in Europe
A. Scope of protection 20.1 The scope of protection ofa patent is defineci in the various subparagraphs of article 89 of the lndustrial Property Code No. 6769 (‘iP Code’). Like most jurisdictions, the scope of protection is essentially determined by the claims, making use of the description and drawings far the interpretation thereof. it is important to note that this is not limited to a literal interpretation, although the scope cannot be extended to cover elements which… »
Competition 2017 in Turkey
1. Which transactions are subject to notification to the Turkish Competition Authority under the Turkish merger regime? The Communiqué No. 2010/4 on Mergers and Acquisitions Requiring Authorization of the Competition Authority (“Communiqué No. 2010/4”), entered into force on 01 January 2011, sets out the types of mergers and acquisitions that require notification the Turkish Competition Authority (“the TCA”) for permission and legal validity. Article 5 of Communiqué No.… »
Anti-Counterfeiting 2017 in Turkey
1. Is the Turkish legal infrastructure sufficient for anti-counterfeiting? Yes. Turkey has signed almost all international intellectual property agreements -including TRIPS signed by and between the members of the World Trade Organization which aim to harmonize its legal infrastructure targeting anti-counterfeiting and fighting the illicit trade- and has been acting in compliance with the said agreements. As of today; the Industrial Property Law No. 6769, the Law No. 5846 on… »
Litigation & Dispute Resolution 2017, Turkey Chapter
I. LITIGATION 1 Preliminaries 1.1 What type of legal system has your jurisdiction got? Are there any rules that govern civil procedure in your jurisdiction? Turkey’s legal system is based on civil law. Civil procedure is governed by the Code of Civil Procedure (“the CCP”) dated October 1, 2011 and numbered 6100. Principal Law governing international arbitration is the International Arbitration Code (“IAC”) numbered 4686. Code of International Private Law and Civil Procedure… »
Executive Compensation & Employee Benefits, Turkey Chapter
1. Provide an overview of the primary sources of law, regulation and practice that govern or affect executive compensation arrangements or employee benefits. There is no specific source of law applicable in relation to executive compensation arrangements or employee benefits. Such arrangements or benefits for both executives and non-executive employees are mostly regulated under individual employment contracts or internal regulations. The benefits to be provided to… »
Distribution and Marketing of Drugs in Turkey: Overview
Pre-conditions for distribution 1. What are the legal pre-conditions for a drug to be distributed within the jurisdiction? Authorisation Under the Regulation on Licensing of Medicinal Products for Human Use (Licensing Regulation) (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 Turkish Medicines and Medical Devices Agency (Agency) of the Turkish Ministry of… »
Pharmaceutical Advertising 2016, Turkey Chapter
1. General – Medicinal Products 1.1 What laws and codes of practice govern the advertising of medicinal products in your jurisdiction? In Turkey, advertising of medicines is governed by the Pharmaceutical and Medical Preparation Law No. 1262 (the Law No. 1262) and the Regulation on Promotional Activities of Medicinal Products for Human Use (the Promotion Regulation), which is based on the former. The Promotion Regulation is published on July 3, 2015 by replacing the former… »