The Long - Awaited Amendments in Turkish Data Protection Law
The Turkish data protection authority, Kişisel Verileri Koruma Kurumu, has proposed amendments to the most controversial provisions of the Law on Personal Data Protection numbered 6698. The provisions have been heavily criticized by academia and business circles due to their inapplicability and inadequacy to meet needs. The amendments were actually part of the Economic Reforms, and specific tasks were introduced under the Economic Reforms to comply with the EU General Data… »
Updates on NPP Products in Turkey
The Turkish Medicines and Medical Devices Agency ("Agency") published the new Guidelines for Drug Supply and Use from Abroad ("Guidelines") on 23 October 2021. The Guidelines regulate the procedure of drug supply from abroad for drugs that are not authorized in Turkey or authorized but not available in the market for various reasons. The Guidelines were first published in 2014, updated in 2015, 2017, and 2020 and finally, the final version was published on 23 October… »
Madrid e-Filing Now Available to Applicants in Turkey
As a result of the cooperation between the Turkish Patent and Trademark Office (TURKPATENT) and WIPO,Turkey has taken its place among thecountries that enable applicants to file their international trademark applications directly through the Madrid e-Filing service. Before this change, the MM2 form - the application form for the registration of international trademark applications - had to be filled in manually and submitted to TURKPATENT via the EPATS - TURKPATENT’s… »
Failure to Send Information Message by SMS or Email Regarding E-Notification Will Not Affect Term or Validity
Background The amendments made in Notification Law 7201 in 2019 expanded the scope of persons notified by e-notifications to include: public institutions and organisations; lawyers; notaries; experts; and mediators. Following this development, the Regulation on Notification via Electronic Means came into force in 2019. Both the Notification Law and the Regulation on Notification via Electronic Means provide that "the electronic notifications are deemed to have been served… »
Permanent Injunction on the Infringing Pharmaceutical Products on the NPP List
Pharmaceutical products that are not licenced in Turkey and/or licenced but not have been made available to the market can be supplied by Turkish Pharmacists’ Association, Social Security Agency (SSA) and institutions and organizations that are deemed suitable for foreign drug supply by the Turkish Medicines and Medical Devices Agency (“Agency”) (“Foreign Drug Suppliers”) as per to the provisions of the Guideline on Drug Supply and Use from Abroad (“Guideline”). Pursuant to… »
Advertisement Board and Hygienic Products Ads
The advertisements and promotions pertaining to hygiene and health care products have increased in number in parallel with the necessities arising due to the COVID-19 pandemic. The advertisement types subject to special regulations of relevant legislation, including testimonial and comparative advertising practices, have been exercised. The diversity in the advertisements and promotions has been reflected in the decisions of the Advertisement Board and the fundamental notions… »
Draft Telemedicine Regulation Published
The Ministry of Health (MoH) published a draft Regulation on providing remote healthcare services (draft Regulation) and shared it with the stakeholders via the Turkish Industrialists' and Businessmen's Association for feedback. The draft Regulation is not currently publicly available. The draft Regulation aims to address the legal gap on telemedicine which has become a more pressing concern due to the COVID-19 pandemic. The most important provisions of the draft Regulation… »
Guideline on Named Patient Programme Updated
On 23 October 2021, the Turkish Medicines and Medical Devices Agency (the Agency) published its amended guideline on the named patient programme (Turkish language) (guideline). The most important amendments concern the bodies authorised to supply foreign drugs and the countries from which products can be supplied. The range of bodies authorised to supply foreign drugs has been broadened, and now in addition to the International Health Services (USHAŞ), Turkish Pharmacist… »
Changes to the Enforcement and Bankruptcy Law under the 5th Judicial Reform Package
The Law Amending the Enforcement and Bankruptcy Law and Certain Other Laws No. 7343 (“Amendment Law”), known as the 5th Judicial Reform Package, which entered into force upon publication in the Official Gazette (31675) dated November 30th, 2021, introduced several important changes to the Enforcement and Bankruptcy Law No. 2004 (“Law No. 2004”), as well as Turkish Civil Law No. 4721 and Child Protection Law No. 5395. Several new arrangements particularly stand out, such as i)… »
IP Court Rules on Red Bull’s Colour Marks in an Infringement Claim
Red Bull, the leading manufacturer and pioneer for energy drinks, encounters many trademarks, designs and trade dresses attempting to gain unfair advantage of Red Bull’s tremendous reputation worldwide. Turkey is one market where Red Bull is the leader, so there has been a significant number of sales and market awareness. Therefore, the Turkish market is monitored carefully for infringing products, and brand protection strategy is applied properly by Red Bull. In mid-2020… »
Sweepstakes & Contests: A Global Legal Perspective Second Edition - Turkey Chapter
The Global Advertising Lawyers Alliance (“GALA”) releases the second edition of “Sweepstakes & Contests: A Global Legal Perspective” book on OCT 2021. The book consist of a global legal compendium of the laws related to sweepstakes & contests in 70+ countries around the globe. Turkey chapter of the book was prepared by Hande Hançar and Baran… »
Appeal Court Issues Significant Decision on Jurisdiction in Case of Online Infringement
The Regional Court of Appeal has held that, in case of online infringement of a registered trademark, the owner of the trademark may initiate a court action against the infringer anywhere in Turkey.Background The claimant, a foreign company which owned registered trademark rights in Turkey, was suffering from the defendant’s infringing acts and initiated a trademark infringement action. Article 156 of the Turkish IP Code, entitled “Commissioned and competent court”, states… »