World Intellectual Property Rights and Remedies 2021, Turkey Chapter
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… »
An Overview of Vaccination and PCR Testing Policies at Workplaces
With wide-scale use of COVID-19 vaccines all around the world, vaccination and PCR testing policies at workplaces have become a hot topic both for employers and employees. Although there has not been any legislative activity yet, the Ministry of Labor and Social Security issued a general letter to guide the workplaces about the possible vaccination and PCR testing policies to be adopted, which has left questions whether employers could require mandatory vaccination or regular… »
Regulation on Hearings Through Video and Audio Transmission
Introduction Law 7251 on the Amendment of the Civil Procedure Code and Certain Laws entered into force upon publication in the Official Gazette (31199) on 28 July 2020. Article 17 of the Law 7251 amended Article 149 of the Civil Procedure Code (“CPC”) 6100 to allow courts to conduct remote hearings through video and audio transmission either upon the parties' request or ex officio under certain circumstances. The amendment further provided that the principles and procedures… »
Guideline on Biosimilar Medicinal Products Has Been Updated
Biological Medicinal Products are characterized as products that their active ingredient or ingredients are produced from a biological source or products that are homogenized from a biological source. Biosimilar Medicinal Products, however, are human medicinal products that demonstrate high level of similarity to a licensed biological reference medicinal product and their licencing procedures are executed by the Regulation on Licencing of Human Medicinal Products (the… »
Consultation on Draft Licensing Regulation on Homeopathic Medicinal Products
On 9 September 2021, the Medicines and Medical Devices Agency published the draft Licensing Regulation on Homeopathic Medicinal Products (Turkish language) (Draft Regulation). The purpose of this regulation is to regulate the procedures and principles to be applied in licensing, packaging and distributing homeopathic medicinal products, which have protective, supportive or curative effects on human health, to ensure their effectiveness, safety and quality. The Draft… »
Guidelines on Distribution of Free Drug Samples Amended
On 3 September 2021, the Turkish Medicines and Medical Devices Agency's (the Agency) amended Guidelines on the Distribution of Free Drug Samples within the Scope of the Regulation on Promotional Activities of Medicinal Products for Human Use (Guidelines) entered into force. The most important amendments concern the registration of the free promotional samples in the Product Tracking System. Pursuant to the Guidelines, the marketing authorisation holder is obliged to notify… »
Updated Examination Guideline in Turkey
The Turkish Patent and Trademark Office updated the Trademark Examination Guideline on 18 August 2021. Mutlu Yıldırım Köse reports. The previous Guideline defined the criteria regarding the examination of trade mark applications on absolute grounds within the scope of the Industrial Property Code (IP Code). The updated Guideline defines the criteria regarding the likelihood of confusion examination as per Article 6/1 of the IP Code. The main purpose of the Guideline is to… »
SAMSONITE v SAMS: Higher Board Issues Exemplary Decision on Similarity, Taking into Account Well-Known Status of Earlier Mark
Background On 19 November 2018 a Turkish company filed an application for the registration of the word mark SAMS in all classes (Classes 1 to 45). Following the publication of the application in the Official Trademarks Bulletin, the owner of the well-known SAMSONITE trademarks filed a partial opposition against the application based on a likelihood of confusion for some of the goods in Classes 6, 9 and 18. In its decision dated 1 October 2019, the Trademarks Department of the… »
The New Deadline for Registration to Data Controllers’ Registry Approaches!
In accordance with Personal Data Protection Law No. 6698 and the Regulation on Data Controllers’ Registry (“Regulation”), data controllers shall get registered to the Data Controllers’ Registry (“VERBIS”). Deadlines for the registration obligation is announced by the Personal Data Protection Board (“Board”). Although the previous deadlines designated by the Board expired, in accordance with the Board’s decision dated 01.03.2021 and numbered 2021/238, a new deadline is set for… »
New Ways of Working in Turkey
Has the government introduced any laws and/or issued guidelines around remote-working arrangements? If so, what categories of worker do the laws and/or guidelines apply to – do they extend to “gig” workers and other independent contractors? Article 14 of the Turkish Labour Act (TLA) defines remote working as a contractual employment relationship in which employees carry out their duties from home or other locations outside the workplace, sometimes through digital platforms.… »
Comparing the Role of the DPO Under the GDPR and Turkish law
Appointment of a data privacy officer is regulated in detail under the EU General Data Protection Regulation. Mandatory DPO appointment is imposed under certain circumstances, and legal requirements are determined for the DPO role in terms of qualification as well as authorization. Under the Law on Protection of Personal Data numbered 6698 in Turkey, there is no legal requirement to appoint a DPO for data controllers, but there is a role introduced for the purposes of… »
Processing of Personal Data Related to COVID-19 Test Results and Vaccination-Infection Status of Employees
During the Covid-19 pandemic, when many companies provide opportunities to their employees to work remotely, hybrid working models are also being considered recently. For many purposes related to occupational health and safety, reduction of infection risks at workplaces and determination of new working conditions, the employers need to collect personal data of their employees such as their PCR/antibodies test results and information about whether they are vaccinated and had… »