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Insights

We share our knowledge and expertise to update our community and clients about legal developments in Turkey.

Guideline on Scientific Meetings on Medical Devices Updated

On 22 August 2023, the Turkish Medicines and Medical Devices Agency (Agency) announced an updated Guideline on Scientific Meetings and Educational Activities to be Held in Accordance with the Regulation on Sales, Advertising and Promotion of Medical Devices (Turkish language) (Guideline) on its official website. The Guideline replaced the previous version dated 15 November 2022. The Guideline was updated shortly after the revision made to the Regulation on Sales, Advertising… »

Work Bearing The Characteristics of Its Author - “Selvi Boylum Al Yazmalım”

The decision of the 11th Civil Chamber of the Court of Cassation dated 24.05.2022 and numbered 2020/8509 E. 2022/3996 K. has been enlightening both in terms of the examination of the distinctive signs of the work and the works bearing the characteristics of the author, and in terms of the amendments made to the Law on Intellectual and Artistic Works, especially regarding cinematographic works. A. Summary of the Case The lawsuit subject to the decision was filed by the… »

Healthcare Regulation 2024 in Turkey

1. Organisation, financing and structure of the healthcare system Organisation How is healthcare in your jurisdiction organised? What is the role of government? The healthcare system is governed principally by the Fundamental Law on Healthcare Services No. 3359 and dated 15 May 1987, which furnishes the Ministry of Health (MoH) with the authority to issue healthcare-related regulations and establish a healthcare system enabling each and every person living in Turkey… »

OneTrust Data Guidance Turkey - Cookies & Similar Technologies

Begüm Yavuzdoğan Okumuş, Yalçın Umut Talay and Seda Öztürk have contributed to Data Guidance Turkey - Cookies & Similar Technologies, which is published by OneTrust. OneTrus Data Guidance Turkey - Cookies & Similar Technologies provides comprehensive guidance on the legal framework, regulatory authority guidance, definitions, consent management, and cookie information requirements concerning the use of cookies and similar technologies in Turkey. The guidance stresses… »

The Guideline on Consumer Reviews Has Been Published

The Guideline on Consumer Reviews (“Guideline”), enacted by the Advertisement Board at the meeting dated 12.09.2023 and numbered 337, has recently been published. The purpose of the Guideline is to inform advertisers, advertising agencies, media organizations and persons, institutions and organizations engaged in advertising activities on fundamental principles regarding consumer reviews, obligation of informing consumers and procedure for checking reviews before publication… »

Turkish Court of Cassation’s Comparison of Goods in Different Subclasses

During 2022, the 11th Civil Chamber of the Turkish Court of Cassation (the CoC) issued several decisions regarding trade marks covering goods in class 5. The CoC formed its evaluation on the likelihood of confusion by comparing the subclasses of class 5. The details of the decisions are provided below: Aster v Paster A cancellation action was filed against the Office’s decision rejecting the opposition filed against the trade mark PASTER in class 5 relying upon the… »

Turkey's Position on Non-Fungible Tokens

Introduction On 20 September 2017, the term “NFT” (non-fungible token) was officially coined by Dapper Labs Chief Technology Officer Dete Shirley in the form of the ERC-721 standard. NFTs boomed in 2021 and have remained relevant since. Despite the drops observed in their market volume in 2023, NFTs are still in the spotlight as numerous global brands are continuing to launch NFT collections and many trademark applications with coverage including NFTs are being filed all… »

Green Or Simply Greenwashing?

Advertisers frequently integrate environmental claims into their advertisements and promotions to portray their products and services as eco-friendly or green, and to shape consumers’ perception of their positive environmental impact. This is particularly influenced by the growing environmental consciousness among consumers and advertisers. However, to prevent advertisements that may be false and misleading to consumers, exploit their environmental sensitivity, and… »

Dilution of Well-known Mark and Applicant’s Bad Faith: PTO Issues Exemplary Decision

The Trademarks Department granted broader protection to the well-known SINGER mark, refusing an application including the term ‘Singer’ in Class 1 The decision examined the conditions for dilution of a well-known mark under Article 6/5 of the IP Code The well-known status of the SINGER mark, as well as the word and graphic elements in the application, played a role in deciding on the applicant’s bad faith The Trademarks Department has decided that the application for… »

Court of Cassation Examines Impact of Bankruptcy on Collection of Employee Receivables

In practice, bankruptcy of a defendant employer during court proceedings related to employee receivables may be confusing for both the parties of a dispute and the courts handling the proceedings. The Court of Cassation recently examined a case where the defendant employer became bankrupt during court proceedings initiated for employment receivables in the decision dated 8 February 2022. (1) Definition of urgent matters According to article 194 of the Enforcement and… »

Council of State's Unification of Decisions on Appeals Filed by Intervening Parties

Until recently, the Council of State of Turkey had an unsettled practice regarding the appealability of decisions by intervening parties where the principal party does not appeal a decision. Indeed, certain chambers of the Council of State allowed intervening parties to appeal decisions regardless of the principal party's choice, whereas the other chambers restricted the intervening parties' right to appeal with the principal party's appeal. Lately, a unification of decisions… »

OneTrust Data Guidance Turkey - Data Transfers

Begüm Yavuzdoğan Okumuş has contributed to Data Guidance Turkey - Data Transfers, which is published by OneTrust. OneTrus Data Guidance Turkey - Data Transfers provides an overview of the legal framework governing personal data protection in Turkey, focusing on legislation, case law, definitions, scope of application, and restrictions on data transfer. The document highlights the evolving regulatory landscape in Turkey, emphasizing the importance of compliance with data… »

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