The Euro Value Applied to Pharmaceutical Prices was increased by 36.77%
On 14 December 2022, the presidential decree numbered 6546 (“Decree”) amending the Decision on Pricing of Medicinal Products for Human Use (“Decision”) was published in the Official Gazette numbered 32043. With the provisional clause added to the Decision, the effective date of the changes made in real source price or ex-factory price as per Article 10 of the Communique on the Pricing of Medicinal Products for Human Use, was determined to be the publication date of this… »
State Council’s Decision on the Rules and Procedures Regarding Experts at Insurance Arbitration Commission
Article 16(12) of the Regulation on Insurance Arbitration ("the Regulation") stipulates that arbitrators can decide to get the opinion and vote of an expert upon the request of one of the parties or ex-officio, if the case requires special or technical knowledge which falls outside of legal expertise. Board of Directors of the Insurance Arbitration Commission issues a list of experts for the arbitrators to apply each year as per the rules set out by the Turkish Insurance and… »
Court of Cassation Puts an End to Long-Running Sheraton Dispute
Background In 2015 the Turkish Court of Cassation (CoC) found that the trademark SOYIÇ HOTEL and device (depicted below on the left) was confusingly similar to Sheraton’s well-known device mark (depicted below on the right), so that there was likelihood of confusion (decision of the 11th Chamber of the Court of Cassation dated 9 March 2015, merit number 2014/ 18262, decision number 2015/ 3101). The CoC also held that Sheraton’s device trademark is well known in its… »
Authorization Obligation is on the Horizon for OTT Services
The law, known as the 'disinformation law,' entered into force after being published in the Official Gazette on October 18, 2022. The new period for all OTT service providers, which provide interpersonal electronic communications services within the scope of audio, visual, written communications provided to the end users or subscribers having internet access, independently from the operators and internet services, through a publicly available software, has started on October… »
Sanction Against Shoe Ad Disrespecting Food
The Advertisement Board rendered a recent guiding decision implementing Article 7/2 of the Regulation on Commercial Advertisement and Unfair Commerce Practices (“Regulation”) titled “Accuracy and Honesty” and ruling that “Advertisements shall be in compliance with the principles of fair competition which have gained acceptance in both business life and in public opinion within the framework of the sense of economic and social responsibility” The decision pertains to the… »
Court Provides Guidance on How to Conclude Actions For Undue Receivables
Introduction The potential conclusion of actions initiated for undue receivables has been a controversial issue under Turkish law. There have been several different opinions on how the courts should conclude these cases. Certain courts have dismissed them on procedural grounds, while others have examined the merits. Recently, the Grand General Assembly on the Unification of Judgments of the Court of Cassation rendered a unification decision on how to conclude actions… »