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Thought Leadership

Copyright Law in Turkey Key Development and Predictions 2022

Copyright Law in Turkey Key Development and Predictions 2022

In the report, we outline seven controversial issues that we often encounter in Turkish copyright Law.

Data Protection and Privacy Law in Turkey Key Developments and Predictions - 2022

Data Protection and Privacy Law in Turkey Key Developments and Predictions - 2022

We focus on the key aspects of data privacy matters and developments in Turkey, and the most important or challenging issues regarding the same.

Life Sciences Law in Turkey Key Developments and Predictions - 2022

Life Sciences Law in Turkey Key Developments and Predictions - 2022

We focus on the key aspects of life sciences in Turkey, the most important and challenging issues in Turkey’s life sciences industry.

Trademark Law in Turkey Key Developments and Predictions - 2022

Trademark Law in Turkey Key Developments and Predictions - 2022

We have compiled our articles on various topics of trademark law that we deem important for brand owners, which we have developed over the course of the last year.

Patent Law in Turkey Key Developments and Predictions - 2022

Patent Law in Turkey Key Developments and Predictions - 2022

We focus on the key aspects of patent litigation in Turkey, and the most important or challenging issues in Turkish Patent Law.

Media and Advertising Law in Turkey Key Developments and Predictions - 2022

Media and Advertising Law in Turkey Key Developments and Predictions - 2022

We focus on the key aspects of media and advertising law in Turkey, and the most important or challenging issues in Turkish media and advertising Law.

Commercial Dispute Resolution Under Turkish Law Rules, Developments and Insights - 2020

Commercial Dispute Resolution Under Turkish Law Rules, Developments and Insights - 2020

We focus on the four main topics of commercial dispute resolution under Turkish law, and the most important and challenging issues in commercial dispute resolution under Turkish law.

COVID-19 HUB

COVID-19 HUB

Our COVID-19 HUB is designed to keep our stakeholders updated and help them understand the legal effects of COVID-19 outbreak, and take steps to maintain their businesses in Turkey.

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Monthly Newsletters

July 2022

July 2022

We are pleased to publish our monthly newsletters to update our community and clients about legal developments in Turkey.

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Drug Reimbursement Practices

Articles -
Life Sciences || Dicle Doğan and Fatma Sevde Tan

We come across constantly on the street, on the Internet, in the cafés when we go to buy coffee with donation campaigns carried out to cover the costs of patient treatments. Although it is essential for the state to cover the health costs in accordance with the constitutional principle of the social state, we encounter with more news of uncovered treatment costs. For example, Spinal Muscular Atrophy, the disease known colloquially as SMA, results from the inability of patient...»

Bolar-Like Hurdle for Generics

Articles -
Patent and Utility Models and Life Sciences || Selin Sinem Erciyas and Zeynep Çağla Üstün

Precis: The judgment of the Ankara IP court in a case involving a marketing authorisation application demonstrates that an exemption similar to the so-called Bolar exemption can apply to Gx pharmaceutical companies. Background The so-called Bolar exemption was introduced into Turkish law on 22 June 2004 with an amendment to Patent Decree Law No 551 and was maintained in the IP Code that entered into force on 10 January 2017. Article 85/3(c) of the IP Code rules that "experime...»

Consequences of Rendering Decision on Cases Requiring Special or Technical Expertise Without Expert Examination in Administrative Trials

Articles -
Employment || Beril Yayla Sapan and Kardelen Özden

Introduction Article 31 of the Administrative Procedure Code No. 2577 (“APC”) sets out the cases to which Civil Procedure Code No. 6100 (“CPC”) shall apply where IYUK contains no provisions. As per the referred provision, CPC shall apply to expert examinations. According to Article 266 of the CPC, courts decide to obtain expert opinion in cases where the resolution require special or technical information other than law, ex-officio or upon request of either party. However, co...»

Neither a Compulsory License nor an IP Waiver is the Solution to Finding or Accessing the Vaccine

Articles -
Patent and Utility Models and Life Sciences || Selin Sinem Erciyas

Since the pandemic seems to lose its impact and life is going back to normal, it may be a good time to look into the lessons learned so far from Covid 19 pandemic and make necessary preparations against a possible new one. The pandemic brought many discussions on IP rights from day one. As we all know, compulsory licensing was the first solution mechanism depended on by the governments as it was thought that the existing patent rights were the only obstacle to reaching a cure...»

New Regulations Expected For OTT Service Providers

Articles -
Data Protection and Privacy, Corporate and M&A and Technology, Media and Telecom || Begüm Yavuzdoğan Okumuş and Yalçın Umut Talay

With the bill known as ‘law against disinformation’,  there are several provisions specifically related to the Law on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (“Law No. 5651”) and the Press Law. The amendment proposals related to the Law No. 5651 and the Press Law have been on the agenda for a while of the publication of the bill. In addition to these issues discussed widely, with the bill, ‘over the top’ (OTT) services ...»

SSI Publishes Amendment to the Alternative Reimbursement Regulation Upon Annulment of the State Council

Articles -
Life Sciences || Özge Atılgan Karakulak and Dicle Doğan

In the cancellation action filed by the Turkish Pharmacist Union against some of the provisions of the Alternative Reimbursement Regulation (“Regulation”), the 10th Chamber of the Council of State decided to annul the attacked provisions of the Regulation on the ground that the Regulation was issued by the Social Security Institute (“SSI”) without obtaining prior opinion of the Ministry of Health. Upon the service of the court decision to SSI, due to the requirement to comply...»

Regulation on Pharmaceutical Warehouses and Products Available in Pharmaceutical Warehouses Published

Articles -
Life Sciences || Dicle Doğan and Fatma Sevde Tan

On 15 June 2022, the Regulation on Pharmaceutical Warehouses and Products Available in Pharmaceutical Warehouses (Turkish language) (Regulation) was published in the Official Gazette numbered 31867. The Regulation abrogated the prior regulation dated 20 October 1999 and is now in line with Directive 2001/83/EC on medicinal products for human use. Pharmaceutical warehouses are defined as establishments where one or all of the activities of procurement, storage, sale, distribut...»

Medical Devices: Draft Communiqué on Instructions For Use in Electronic Form Published

Articles -
Life Sciences || Dicle Doğan and Fatma Sevde Tan

On 30 May 2022, the Turkish Medicines and Medical Devices Agency (Agency) published an announcement (Turkish language) on its official website, stating that a draft Communiqué on the Instructions for Use in Electronic Form for Medical Devices (Draft) has been prepared and asked stakeholders to provide feedback on the Draft. As part of Turkey's alignment process with EU law, the Draft has been prepared in accordance with Commission Implementing Regulation (EU) 2021/2226 laying...»

Patent and Trademark Office Implements Service by Publication Procedure

Articles -
Trademarks and Designs || Uğur Aktekin and İrem Girenes Yücesoy

There previously used to be delays in the notifi cation of documents to applicants due to their failure to inform the offi ce ofaddress changes A provision was added to the IP Code in order to fi nd a solution to the issue of serving documents to rights holders All documents that could not be served due to an address change have now started to be served via publication through an Official Bulletin In the past, there used to be delays in the notifi cation of documents to app...»

Artificial Intelligence and Blockchain Technologies and Their Impacts on Brand Protection

Articles -
Trademarks and Designs || Mutlu Yıldırım Köse and Havva Yıldız

In recent years, developments in digitalization have started to make crucial impacts on many fields, including intellectual property, from creation to monetization and enforcement levels. Brand owners and brand protection professionals are heeding updates in artificial intelligence (AI) and blockchain-based technologies such as smart contracts, metaverses and non-fungible tokens (NFTs), with total market trading volume of approximately $12.13 billion only for the first quarte...»

Validity of Release in Settlements Made Before Mediators

Articles -
Employment || Beril Yayla Sapan and Kardelen Özden

Release agreements that concern employee receivables from employers are subject to certain formal requirements under article 420 of the Code of Obligation No. 6098 (TCO). In this regard, the following conditions must be met: release agreements that concern employee receivables from employers must be executed in writing; at the date of release, at least one month must pass from the date of the termination of employment; the type and amount of the receivable subject to release...»

New Rules on Advertisements with Price Information and Advertisements for Discount Sales

Articles -
Technology, Media and Telecom || Hande Hançar and Baran Güney

Regulation on Commercial Advertising and Unfair Commercial Practices (“Regulation”) was amended in a way to include new measures and rules to regulate advertisements containing misleading price information and to protect consumers against unfair commercial practices. The amendments were enacted on February 1, 2022 and entered into force on March 1, 2022. According to new rules enacted in the Regulation; additional measures were implemented to protect consumers against adverti...»