Insights

Thought Leadership

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.

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.

Patent Law in Turkey Key Developments and Predictions - 2020

Patent Law in Turkey Key Developments and Predictions - 2020

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

Trademark Law in Turkey Key Developments and Predictions - 2020

Trademark Law in Turkey Key Developments and Predictions - 2020

We focus on the eight main challenges encountered in the interpretation and implementation of key changes introduced by the IP Code.

Copyright Law in Turkey Key Development and Predictions

Copyright Law in Turkey Key Development and Predictions

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

Life Sciences Law in Turkey Key Developments and Predictions - 2020

Life Sciences Law in Turkey Key Developments and Predictions - 2020

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

Media and Advertising Law in Turkey Key Developments and Predictions - 2020

Media and Advertising Law in Turkey Key Developments and Predictions - 2020

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.

Data Protection and Privacy Law in Turkey Key Developments and Predictions

Data Protection and Privacy Law in Turkey Key Developments and Predictions

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

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Monthly Newsletters

November 2020

November 2020

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

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A New Era for Domain Names Under the ‘.tr’ Extension

Articles -
IP Prosecution || Pınar Arıkan

Registering and managing ‘.tr’ domain names was previously carried out by Nic TR, but will now be performed by the ITCA The long-awaited TRABIS system, which replaces the Nic TR system, is expected to become effective in the near future In contrast to the old system, the new system allows domain name sales transactions Background Since 1998 and until recently, Nic TR, under the Middle East Technical University, had been responsible for the registration and management of ‘....»

New Code of Civil Procedure Extends Deadlines in Patent Litigation

Articles -
Patent and Utility Models || Selin Sinem Erciyas, Aysel Korkmaz Yatkın and Aysu Eryaşar

The “Code on the Amendment of the Code of Civil Procedure and of Some Other Laws” entered into force in Turkey recently. This Code focusses on the principle of procedural economy and acceleration of the judicial process. One of the Code’s amendments important for patent law practice concerns the extension of the legal period in which to submit statements challenging court expert reports. This amendment to Article 281 of the Code of Civil Procedure (“CCP”) stipulates that the ...»

Guidelines on Non-Clinical Evaluation of Vaccines

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

On 6 October 2020, the Turkish Medicines and Medical Devices Agency published Guidelines on Non-Clinical Evaluation of Human Vaccines (Turkish language) to provide guidance on vaccine development procedures. The guidelines regulate non-clinical evaluations and obtaining appropriate results from them, which are prerequisites for initiating clinical trials on a vaccine candidate. Non-clinical evaluation refers to all in vivo and in vitro tests performed before and during the cl...»

Guidelines on Named Patient Programme Amended

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

On 25 September 2020, the Turkish Medicines and Medical Devices Agency amended the Guidelines on the Named Patient Programme (Turkish language). The most important amendments are: Introduction of a new procedure to add products to the Foreign Drug List and to keep them on the list. Removal of the provision establishing the liability of the entities authorised to supply on a named patient basis. The guidelines establish the Foreign Drug Evaluation Commission to evaluate appl...»

The Importance of Special Conditions When Coping with Negative Oil Prices and Covid-19

Articles -
Insurance and Reinsurance and Energy and Natural Resources || Pelin Baysal and Ilgaz Önder

One way in which the Covid-19 pandemic has affected traders and producers is the shock negative pricing rates for crude oil. On 20 April 2020, the price of a barrel of West Texas Intermediate (WTI), the benchmark for pricing US oil, fell as low as minus USD 37.63. Although the situation only lasted for a few hours, its global impact is measured in millions of dollars. As a result of globalisation, individual investors in Turkey profoundly felt the plunge in prices thousands o...»

The Restriction on Foreign Currency Denominated or Indexed Contract Prices Continues

Articles -
Corporate and M&A || Pelin Baysal, Cansu Akbıyıklı and Edanur Atlı

With the Presidential Decree numbered 85 and dated 12.09.2018, amendments were made on the Decree on the Protection of the Value of Turkish Lira numbered 32 and it was regulated that, besides the exceptions to be determined by the Ministry of Treasury and Finance, the contract prices and other payment obligations of all kinds of movable and immovable purchase and sale and renting, financial leasing and employment, service and work contracts between the Turkey-resident public ...»

Cookies & Similar Technologies in Turkey

Guides -
Data Protection and Privacy || Begüm Yavuzdoğan Okumuş and Yalçın Umut Talay

1.   GOVERNING TEXTS 1.1.  Legislation There is no specific legislation applicable to cookies and similar technologies. However, to the extent that cookies and similar technologies include or may be used to collect any data related to an identified or identifiable individual (personal data), then Law on Protection of Personal Data No. 6698 ('the Law') and its secondary legislation are also applicable to cookies and similar technologies which may be used by data controllers an...»

Terms of Termination Ban, Unilateral Unpaid Leave and Short-Time Working Allowance Have Been Extended Once Again

Articles -
Employment || Beril Yayla Sapan and Asena Aytuğ Keser

With two very recent Presidential Decrees published in the Official Gazette (31287) dated 27 October 2020, the terms set out for termination ban and unilateral unpaid leave, which were to expire by 17 November 2020, have been extended until 17 January 2021; and the term set out for the short-time working allowance granted in scope of COVID-19 has been extended until 31 December 2020. Extension of termination ban and unilateral unpaid leave With the Presidential Decree 3135,...»

Determining Similarity of Goods and Services in Trademark Opposition Proceedings

Articles -
Trademarks and Designs and IP Prosecution || Uğur Aktekin, Berrin Dinçer Özbey and Ayşen Kunt

This article aims to discuss similarity of goods and services in case of an opposition against a trademark application before the Turkish Patent and Trademark Office (the office). Article 6/1-b of the IP Code sets forth that* “the trademark applied for shall be rejected in circumstances where it is identical or similar to an earlier application/registration, covers the same/similar goods or services therewith and creates a likelihood of confusion on the part of the public in ...»

Will COVID-19 Skyrocket Remote Hearings?

Articles -
Dispute Management || Beril Yayla Sapan and Asena Aytuğ Keser

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 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. Although the concept is not new to Turkish law, the expansion of its scop...»

Industrial Design Rights 2020: Turkey

Treatises -
Trademarks and Designs || Hande Hançar, Mutlu Yıldırım Köse and Havva Yıldız

Industrial Design Rights is a revised and updated third edition of a significant work first published in 2001 under the auspices of the Intellectual Property Committee of the International Bar Association. There have been considerable changes since the previous edition principally in the increasing adoption of the Hague Convention on designs all over the world and harmonization of industrial designs among the European Community countries. Industrial designs are particularly i...»

Turkish Data Localization Rules in Effect for Social Media Companies

Articles -
Data Protection and Privacy || Begüm Yavuzdoğan Okumuş and Direnç Bada

On Oct. 1, 2020, amendments to the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (Law No. 5651), also known as the Social Media Law in Turkey, entered into force. The amendments define the term "social network provider," oblige them to appoint a local representative, set out procedures for content removal, request reports every six months, and require user data to be stored within Turkey. On Oct. 2, the Information and Communicat...»