Social Security Institution Alternative Reimbursement Regulation Has Been Published
As a consequence of the lawsuits filed against the provisions of the Alternative Reimbursement Regulation dated 10 February 2016, due to the regulation being published without obtaining the Ministry of Health’s opinion, the articles subject to the lawsuits were cancelled based on formal deficiency. The Social Security Institution Alternative Reimbursement Regulation (“Regulation”) has been published in the Official Gazette dated 12 May 2023 and numbered 32188 and entered into…»
Evaluating ChatGPT and AI Applications from the Personal Data Protection Perspective
AI Applications Under the Radar of Data Protection Authorities Concerns about how artificial intelligence (AI) systems use and store data collected from users have been frequently debated by data protection authorities and professionals dealing with data security and privacy issues lately. These discussions are kept in the public eye through decisions, publications, and press releases related to the subject. The Italian Data Protection Authority, Garante per la Protezione dei…»
Personal Data Protection Board Decisions on Commercial Electronic Messages
Along with the progress in information technologies, the fact that even the smallest daily needs are met through electronic commerce has resulted in the advertisement and marketing of goods and services mainly through telecommunication networks. With the effect of the Covid-19 pandemic, the sales of goods and services in electronic environment, which have reached a serious potential in recent years, have also caused an increase in the personal data processing activities of…»
New Guidelines on Named Patient Program was Published
The pharmaceuticals not authorized in Turkey or those not available in the market, despite being authorized, shall be procured from abroad upon the request of a physician and special authorization in cases where patients require such pharmaceuticals. Until recently, this exceptional import regime for pharmaceuticals was regulated by the Guidelines on the Supply of Pharmaceuticals from Abroad published by the Turkish Medicines and Medical Devices Agency ("TİTCK"). In line with…»
New Regulations on Nutrition and Health Claims for Food and Food Supplements
The Regulation on Health Claims for Food and Food Supplements (“Regulation”) has entered into force upon its publication on the Official Gazette numbered 32169 and dated 20 April 2023. In addition, the Turkish Food Codex Regulation on Nutrition Claims regulating nutrition claims has entered into force upon its publication on the same issue of the Official Gazette. Accordingly, the Turkish Food Codex Regulation on Nutrition and Health Claims, which has previously regulated…»
Turkish MDR and IVDR Amended
On 2 April 2023, regulations amending the Turkish Medical Device Regulation (Turkish language) and the Turkish In Vitro Medical Device Regulation (Turkish language) were published in the Official Gazette numbered 32151. They amend he transitional provisions stipulated in the which was published in the Official Gazette numbered 31499 to be in line with the transitional provisions applicable to Regulation (EU) 2017/745 (MDR) and Regulation (EU) 2017/746 (IVDR). The…»
Communiqué on Electronic Instructions For Use of Medical Devices Published (Turkey)
On 6 April 2023, the Turkish Medicines and Medical Devices Agency (Agency) published a new Communiqué on Electronic Instructions for Use of Medical Devices (Turkish language) (Communiqué) in the Official Gazette numbered 32155. The Communiqué replaced the version dated 2 April 2015 numbered 29314 and entered into force on the day of its publication. The Communiqué has been updated in line with Implementing Regulation (EU) 2021/2226 of 14 December 2021 laying down rules for…»
Creative and Innovative Women on the Stage on World Intellectual Property Day!
World Intellectual Property Day is celebrated every year to raise awareness on intellectual property on 26 April which is the establishment date of the World Intellectual Property Organization (WIPO) and this year’s theme is creative and innovative women. The importance of gender equality is apparent in the field of intellectual property, as it is in every field. Throughout history, women made undeniable contributions to science, art and technology despite all difficulties…»
Amendments to the Execution and Bankruptcy Law and Certain Laws
The Law Amending the Enforcement and Bankruptcy Law and Certain Laws ("Amendment Law"), known as the 7th Judicial Package, was published in the Official Gazette (32154) dated 05 April 2023 and entered into force except for several provisions with later effective dates. The Amendment Law sets out several changes in the fields of enforcement law, criminal law, and procedural law, and it expands the scope of mandatory mediation significantly. Some of the prominent amendments…»
Legislative Proposal on the Amendment of the Law on Pharmaceuticals and Medical Preparations No. 1262 and Certain Laws
The Legislative Proposal on the Amendment of the Law on Pharmaceuticals and Medical Preparations No. 1262, Certain Laws and Decree Law No. 663 (“the Legislative Proposal”) dated March 20, 2023, and numbered 2/5006 is an omnibus bill having some amendment offers regarding the regulating legislation of the health sector. The Legislative Proposal suggests defining the obligation of registration and notification to the Drug Tracking System at the level of the law, updating the…»
Recent Developments in TURKPATENT's Practice on Recording of Well-known Trademarks
We have previously reported on the Turkish Court of Cassation’s decision concluding that the Turkish Patent and Trademark Office (hereinafter will be referred to as “TURKPATENT” or “the Office”) has no authority to create and maintain a registry for well-known trademarks and discussed possible repercussions of this decision for trademark owners. (Please see https://www.worldtrademarkreview.com/article/court-of-cassation-reopens-debate-recordation-of-well-known-trademarks) The…»
The Revocation Procedure of Trademarks to be Handled by the Turkish Patent and Trademark Office
Until the Industrial Property Law No. 6769 (“IPL”) entered into force on January 10, 2017, procedures regarding trademark rights were carried out with the abolished Decree-Law No. 556 on the Protection of Trademarks (“Decree Law”). The concept of "revocation", one of the cases of termination of a trademark right, regulated in both legislations, was defined under Article 14 of the Decree-Law. However, Article 14 was cancelled by the Constitutional Court with the decision…»