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Articles

An Overview of Vaccination and PCR Testing Policies at Workplaces

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Employment || Beril Yayla Sapan, Asena Aytuğ Keser and Kardelen Özden

With wide-scale use of COVID-19 vaccines all around the world, vaccination and PCR testing policies at workplaces have become a hot topic both for employers and employees. Although there has not been any legislative activity yet, the Ministry of Labor and Social Security issued a general letter to guide the workplaces about the possible vaccination and PCR testing policies to be adopted, which has left questions whether employers could require mandatory vaccination or regular...»

Regulation on Hearings Through Video and Audio Transmission

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Dispute Management || Beril Yayla Sapan, Asena Aytuğ Keser and Kardelen Özden

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 the 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. The amendment further provided that the principles and procedures o...»

Guideline on Biosimilar Medicinal Products Has Been Updated

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Life Sciences || Dicle Doğan and Beste Turan

Biological Medicinal Products are characterized as products that their active ingredient or ingredients are produced from a biological source or products that are homogenized from a biological source. Biosimilar Medicinal Products, however, are human medicinal products that demonstrate high level of similarity to a licensed biological reference medicinal product and their licencing procedures are executed by the Regulation on Licencing of Human Medicinal Products (the “Regula...»

Consultation on Draft Licensing Regulation on Homeopathic Medicinal Products

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Life Sciences || Dicle Doğan and Fatma Sevde Tan

On 9 September 2021, the Medicines and Medical Devices Agency published the draft Licensing Regulation on Homeopathic Medicinal Products (Turkish language) (Draft Regulation). The purpose of this regulation is to regulate the procedures and principles to be applied in licensing, packaging and distributing homeopathic medicinal products, which have protective, supportive or curative effects on human health, to ensure their effectiveness, safety and quality. The Draft Regulatio...»

Guidelines on Distribution of Free Drug Samples Amended

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Life Sciences || Dicle Doğan and Fatma Sevde Tan

On 3 September 2021, the Turkish Medicines and Medical Devices Agency's (the Agency) amended Guidelines on the Distribution of Free Drug Samples within the Scope of the Regulation on Promotional Activities of Medicinal Products for Human Use (Guidelines) entered into force. The most important amendments concern the registration of the free promotional samples in the Product Tracking System. Pursuant to the Guidelines, the marketing authorisation holder is obliged to notify us...»

Updated Examination Guideline in Turkey

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Trademarks and Designs || Mutlu Yıldırım Köse

The Turkish Patent and Trademark Office updated the Trademark Examination Guideline on 18 August 2021. Mutlu Yıldırım Köse reports. The previous Guideline defined the criteria regarding the examination of trade mark applications on absolute grounds within the scope of the Industrial Property Code (IP Code). The updated Guideline defines the criteria regarding the likelihood of confusion examination as per Article 6/1 of the IP Code. The main purpose of the Guideline is to cla...»

SAMSONITE v SAMS: Higher Board Issues Exemplary Decision on Similarity, Taking into Account Well-Known Status of Earlier Mark

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Trademarks and Designs || Uğur Aktekin and Merve Çimen Sevine

Background On 19 November 2018 a Turkish company filed an application for the registration of the word mark SAMS in all classes (Classes 1 to 45). Following the publication of the application in the Official Trademarks Bulletin, the owner of the well-known SAMSONITE trademarks filed a partial opposition against the application based on a likelihood of confusion for some of the goods in Classes 6, 9 and 18. In its decision dated 1 October 2019, the Trademarks Department of the...»

The New Deadline for Registration to Data Controllers’ Registry Approaches!

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

In accordance with Personal Data Protection Law No. 6698 and the Regulation on Data Controllers’ Registry (“Regulation”), data controllers shall get registered to the Data Controllers’ Registry (“VERBIS”). Deadlines for the registration obligation is announced by the Personal Data Protection Board (“Board”). Although the previous deadlines designated by the Board expired, in accordance with the Board’s decision dated 01.03.2021 and numbered 2021/238, a new deadline is set for...»

Turkish Patent and Trademark Office Updates Trademark Examination Guidelines

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Trademarks and Designs and IP Prosecution || Uğur Aktekin and Pınar Arıkan

On 30 September 2019 the Turkish Patent and Trademark Office issued guidelines regarding the examination standards for trademark applications in terms of absolute grounds, which were the first of their kind under Turkish law. Recently, a new chapter concerning the substantive examination standards for the assessment of confusing similarity has also been published. The new chapter covers the topics below: the concept of ‘likelihood of confusion’; the similarity of goods and s...»

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

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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

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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?

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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 ...»