Developments in the Obligation of Registration to Data Controllers’ Registry
In accordance with Personal Data Protection Law No. 6698 (the “DPL”) and the Regulation on Data Controllers’ Registry (“Regulation”), data controllers shall get registered to the Data Controllers’ Registry (“VERBIS”). In terms of the private sector, periods regarding the registration obligation has expired as of 31.12.2021 for (i) data controllers located outside of Turkey, (ii) data controllers having more than 50 employees annually or an annual balance sheet with a value… »
The Guideline for Environmental Claims in Advertising Has Been Published
The Guideline for Environmental Claims in Advertising (“Guideline”), enacted by the Advertisement Board at the meeting dated 13.12.2022 and numbered 328, has been published. The purpose of the Guideline is to inform persons, institutions and organizations on legal compliance of their environmental claims contained in commercial advertisements and commercial practices conducted by advertisers, advertisement agencies and media organizations. Highlights of the Guideline… »
What The Plausibility Requirement Means For Turkish IP Law
Grounds for invalidation of a patent under the Turkish Industrial Property Law (6769) are listed as per the numerus clausus principle. The concept of plausibility – which, in recent years, has been the subject of numerous evaluations (especially by the EPO) and frequently debated in academic circles – has not yet found a place within the scope of any legal regulation in Turkey and there is no consensus on the Turkish word that meets this concept as a legal term. However, the… »
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… »