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Insights

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

New Euro Fx Rate For Drug Prices

On 23 July 2023, Presidential Decree numbered 7399 (Turkish language), amending the Decision on Pricing of Medicinal Products for Human Use (Decision), was published in the Official Gazette numbered 32257. Accordingly, the EUR1 value in Turkish Lira, to be used in the pricing of medicinal products for human use (formerly TRY10.7577) was increased by 30.5% and set as TRY14.0387. If the rate of increase in the product-specific price is higher than the rate of increase in the… »

Enforcement of Foreign Judgments 2024 in Turkey

Treaties 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 multilateral treaties on family law, Turkey is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. However, Turkey is a… »

The Insurance and Reinsurance Law Review, 11th Edition, Turkey Chapter

Introduction i Nature of the insurance and reinsurance market There are currently 72 active insurance companies incorporated in Turkey, consisting of 47 non-life insurers, 20 life and pension insurers and five reinsurers.2 The premiums collected in 2022 amounted to approximately 235 billion lira, an increase of 123.2 per cent compared with the previous year. Of this aggregate value, approximately 112.5 billion lira was derived from non-life insurers, whereas approximately 7.4… »

Reflections of Digital Transformation on Competition Law

In recent years, the rapid spread of digital transformation, defined as the transformation of business processes, customer relationships and operations of undertakings with digital technologies, driven by the technological advancements, has led to changes in the ways of doing business. During this transformation process, the use of digital technologies, especially information and communication technologies, is increased compared to traditional methods. As Undertakings aim to… »

Decision on the Pricing of Drugs Has Been Amended

On 23 July 2023, the Presidential Decree numbered 6932 on the Amendment of the Decision on Pricing of Medicinal Products for Human Use ("Decision") was published in the Official Gazette numbered 32257. With the provisional articles added to the Decision: It has been arranged that the euro value in Turkish Lira to be used in the pricing of medicinal products for human use was increased by 30.5% to 14.0387 TRY in July 2023. While applying this increase, it is stated that the… »

Guidelines For Withdrawal and Recall of Medical Devices Published

On 19 July 2023, the Medicines and Medical Devices Agency published Guidelines for withdrawal and recall of medical devices and in vitro diagnostic devices (Turkish language) on its official website. The Guidelines regulate the procedures to be implemented to prevent unsafe and non-conforming medical devices from being placed on the market and the responsibilities of the relevant parties pursuant to Law No 7223 on Product Safety and Technical Regulations. In this regard, the… »

Highly Logical: Turkish IP Office's Vulcan Salute Ruling Sets Final Frontier For Copyright Ownership Argument

According to Article 6/6 of the Turkish Industrial Property Code, “An application for registration of a trademark shall be refused upon the opposition of the right holder if it consists of a person’s name, trade name, photography, copyright or any other intellectual property right of another.” Based on this provision, it is possible to oppose an application relying upon the opponent’s other intellectual property rights ownership. On December 20 2022, the Re-Examination and… »

Regulation on Licensing of Medicines Amended

On 27 May 2023, the Regulation Amending the Regulation on Licensing of Human Medicinal Products (Turkish language) (Regulation) was published in the Official Gazette numbered 32203. With the amended provisions, a new reason for the suspension of the licence has been introduced in connection with licence transfer applications. To avoid suspension, licence holders must submit documentation showing that the production site complies with the Good Manufacturing Practice Guidelines… »

Regulation on Technical Services For Medical Devices Published

On 26 May 2023, the Turkish Medicines and Medical Devices Agency (Agency) published the Regulation on Technical Services for Medical Devices Used for Provision of Healthcare Services (Turkish language) (Regulation) in the Official Gazette numbered 32202. The Regulation has been prepared by the Agency to regulate the qualifications, authorisation, supervision and training of technical services that will support activities such as installation, updates, upgrades, modification… »

The Exception Criteria for Registration Obligation with the Data Controllers' Registry has been Changed by the Decision of the Personal Data Protection Board

The Personal Data Protection Board ("Board"), through its decision dated 06.07.2023 and numbered 2023/1154 published in the Official Gazette dated 25.07.2023 and numbered 32259, has decided to increase the monetary threshold regarding the total annual financial balance sheet from TRY 25 million to TRY 100 million as one of the criteria for exemption from Obligation to Register with the Data Controllers' Registry (“VERBIS”). According to the Board's decision dated 19.07.2018… »

PTO Confirms Similarity of Virtual and Physical Goods in Landmark Decision

A company based in the US opposed an application for goods and services in Classes 25 and 35 based on an earlier mark in Classes 9, 35 and 41 The PTO found that the physical goods/services covered by the application were similar to the virtual and online goods/services covered by the opponent’s mark The similarity of virtual and physical goods/services has recently been a hot topic across the world In a decision issued on 31 March 2023 (which was subsequently finalised)… »

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