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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.

Trademark Law in Turkey Key Developments and Predictions - 2021

Trademark Law in Turkey Key Developments and Predictions - 2021

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 - 2021

Patent Law in Turkey Key Developments and Predictions - 2021

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

Life Sciences Law in Turkey Key Developments and Predictions - 2021

Life Sciences Law in Turkey Key Developments and Predictions - 2021

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

Data Protection and Privacy Law in Turkey Key Developments and Predictions 2021

Data Protection and Privacy Law in Turkey Key Developments and Predictions 2021

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

Copyright Law in Turkey Key Development and Predictions 2021

Copyright Law in Turkey Key Development and Predictions 2021

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

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.

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Monthly Newsletters

August 2021

August 2021

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

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Comparing the Role of the DPO Under the GDPR and Turkish law

Articles -
Data Protection and Privacy || Begüm Yavuzdoğan Okumuş

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 fulfill...»

Processing of Personal Data Related to COVID-19 Test Results and Vaccination-Infection Status of Employees

Articles -
Data Protection and Privacy || Begüm Yavuzdoğan Okumuş, Selin Başaran Savuran and Yalçın Umut Talay

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 C...»

Should the Lawyer Follow the Judge’s Misdirection?

Articles -
Patent and Utility Models || Aysel Korkmaz Yatkın and Aysu Eryaşar

Judges represent the state while exercising their judicial power on behalf of the nation. In this respect, it is the principle that the judge, who is expected to be independent first to the state and then to the parties, should be bound only by the rules of law. A thinker has said in this direction, “Judges are both masters and slaves of the law”. A lawyer, on the other hand, is self-employed, but also serves in the public sector as he/she participates in the distribution of ...»

Declaration of Ultimate Beneficial Ownership in Turkey

Articles -
Corporate and M&A and Administrative, Tax and Regulatory || Yalçın Umut Talay and Görkem Bilgin

In order to prevent tax evasion and ensure financial transparency, the Turkish Revenue Administration under the Ministry of Treasury and Finance issued General Communiqué No. 529 on Tax Procedure Law (the “Communiqué”) imposing an obligation to make ultimate beneficial ownership declaration on a wide range of entities, notably, corporate taxpayers. The Communiqué was published in the Official Gazette on July 13, 2021, and entered into force the same day. The deadline for init...»

Higher Board Decides in Favour of UGG Based on Well-known Trademark Status and Principle of Interdependence

Articles -
Trademarks and Designs || Güldeniz Doğan Alkan and Ayşenur Çıtak Bozdağ

The Re-examination and Evaluation Board (the Higher Board) of the Turkish Patent and Trademark Office has issued its decision in a case involving the marks UGG and UGG WATCH, applying the principle of interdependence and considering the well-known status of the UGG mark as a criterion for the likelihood of confusion analysis. Background The trademark application for UGG WATCH was filed for “jewellery (including imitation jewellery); gold, jewellery, precious stones and access...»

COVID-19: Update on Precautions to be Taken in Clinical Research in 2021

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Life Sciences || Dicle Doğan and Fatma Sevde Tan

On 20 March 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) titled "Precautions to be Taken in Clinical Research Due to COVID-19 Pandemic". This announcement was updated on 24 July 2020. On 19 July 2021, based on the normalisation process regarding COVID-19, the Agency published a further updated version of the announcement. According to the latest update, for initial applications for clinical research and applications rela...»

Guidelines on Named Patient Programme Amended in 2021

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

The Turkish Medicines and Medical Devices Agency's guidelines on the Named Patient Programme (Turkish language) explains the procedure for the supply from abroad of drugs that are not authorised in Turkey or not available on the Turkish market. The guidelines were first published in 2014, amended in 2015, 2017 and 2020, and finally published in the most current version on 9 August 2021. The latest amendment made to the guidelines introduces the definition of generic products ...»

Enforcement of Foreign Judgments 2022 in Turkey

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

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 ...»

Red Bull Triumphs in Opposition Before the Turkish Patent and Trademark Office

Articles -
Trademarks and Designs || Zeynep Seda Alhas and Dilan Sıla Kayalıca

The Turkish Patent and Trademark Office has upheld Red Bull’s opposition against an application for a composite mark intended for energy drinks. Background The applicant, a food company established in 1996, sought to register the below trademark in Class 32 – particularly for energy drinks. (BLACK TALLBOSS mark) This application passed the initial examination and was published in the Official Trademark Bulletin of the Turkish Patent and Trademark Office, for possible third-p...»

Medical Device Regulation Has Been Published

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

Medical Device Regulation (“Regulation”) has been published in the Official Gazette numbered 31499 on 2 June 2020. With the Regulation prepared in accordance with the EU Medical Device Regulation numbered 2017/745 (“MDR”), it is aimed to provide a safer use for manufacturers and medical device users with a transparent and sustainable system. In this context; new noteworthy provisions are the definition of a medical device, classification of products, distance sales, manufactu...»

Significant Amendments to the Administrative Jurisdiction Procedure Law

Articles -
Dispute Management || Asena Aytuğ Keser

The Law Amending the Criminal Procedure Code and Certain Other Laws No. 7331 (“Law No. 7331”) -known as the 4th Judicial Reform Package - which entered into force by publication in the Official Gazette dated July 14, 2021, significantly reduced the time limits foreseen in the Administrative Jurisdiction Procedure Law No. 2577 (“Law No. 2577”) in terms of the administrative authorities in the application procedures before filing of administrative actions. Accordingly: As per ...»

The Guide to Challenging and Enforcing Arbitration Awards in Turkey

Guides -
Dispute Management || Asena Aytuğ Keser and Direnç Bada

1     Must an award take any particular form (e.g., being in writing, signed and dated, place of issuance, requirement to provide reasons, and delivery)? Article 14(A) of the Turkish International Arbitration Law (TIAL) provides that an award must include: the names, surnames, titles and addresses of the parties, their representatives and lawyers; the legal grounds upon which the award is based, and, if there is a claim for compensation, the amount of compensation; the place...»