1. How does national law regulate sales promotions?
Sales promotions in Turkey are regulated by:
Law on the Protection of the Consumer No. 6502 (Consumer Law).
Turkish Commercial Code numbered 6762 (TCC).
Law on Regulation of Retail Trade No. 6585 (Retail Law).
Regulation on Commercial Advertisements and Unfair Practices (Advertising Regulation).
Regulation on Lotteries and Drawings for Non-Cash Rewards (Prize Regulation).
2. What obligations or st...»
1. What is the regulatory framework for medical products?
The healthcare system is principally governed by the Fundamental Law on Healthcare Services No. 3359, which establishes a healthcare system providing equal and equitable access and gives the Ministry of Health (MoH) authority to issue healthcare-related regulations.
The regulations of the MoH further regulate the pre- and post-market conditions for the commercialisation of medical produc...»
Legislative framework and causes of action
Turkey is a party to most major international treaties relating to intellectual property, including the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Paris Convention for the Protection of Industrial Property. Turkey is also a member of international organisations such as the World Trade Organisation that have a connection with intellectual property.
At national level, the Industrial Property Code (6769...»
Accountability, Processing in Third Countries, and Information
(A) Are there any special requirements, by way of law of practice, for technical and organisational measures with regard to the processing of genetic-, biometric-, or health data in your jurisdiction?
Pursuant to Article 6 of the Turkish Data Protection Law numbered 6698 (“DPL”), personal data relating to the health, sexual life, biometric and genetic data are deemed to be sensitive personal data. While...»
Overview of main IPRs
1. What are the main IPRs in your jurisdiction? How are they protected?
Patents and utility models
Patents. Patents are granted for inventions which are all of the following:
Represent an inventive step (that is, surpass the current standard for state-of-the-art in a particular industry).
Capable of industrial application.
The following categories are exempted from patent protection:
Discoveries, scientific theories, and mathematical methods.
1. What are the legal requirements to obtain a patent?
The applicant has to prove the following to obtain a patent (Article 82/1, Industrial Property Code (IPC)):
2. What categories are excluded from patent protection?
The following are not considered as inventions and therefore cannot be patented (Article 82/2, Industrial Property Code (IPC)):
Discoveries, scientific theories, mathematical method.
Plans, methods and...»
Sources of law
1. What are the main areas of law and regulation relating to product liability?
Turkish law does not have specific legislation for product liability. Product liability claims are based mainly on tort law and contract law provisions under the Code of Obligations 6098.
In addition, consumers can base product liability claims on the Consumer Protection Law 6502, enacted in light of EU directives, including:
Directive 2002/65/EC concerning distance marketing of co...»
World Intellectual Property Rights and Remedies features analysis and commentary by leading practitioners on key intellectual property legislation from jurisdictions throughout Europe, Latin America, and Asia, as well as English translations of key intellectual property legislation from non-English-speaking jurisdictions. Each chapter clearly describes the nuances of local practice regarding how to register and protect copyrights, patents, trade, and service marks. Find helpf...»
1. Primary sources of law, regulation and practice
What are the primary sources of law, regulation and practice relating to corporate governance? Is it mandatory for listed companies to comply with listing rules or do they apply on a ‘comply or explain’ basis?
The Turkish Commercial Code (TCC) dated 13 January 2011 (Law No. 6102) (TCC) entered into force on 1 July 2012. The TCC has important objectives such as ensuring transparency, adopting corporate governance standards and...»
I. PRE-FILING REQUIREMENTS/DEMAND LETTERS
Although it is not mandatory to send a demand letter before instituting proceedings in this jurisdiction, it is common to send such a letter.
Although it is not mandatory to attempt to settle with the other party before instituting proceedings in this jurisdiction, it is commonly done.
It is neither mandatory nor common to engage in mediation or other alternative dispute resolution proceeding with the other party before instituting i...»
i Nature of the insurance and reinsurance market
There are 62 active insurance companies incorporated in Turkey, consisting of 39 non-life insurers, 18 life and pension insurers, four life insurers and one reinsurer.2 Reinsurance cover is mostly provided to Turkish insurance companies by foreign reinsurers.
The premiums collected in 2018 amounted to approximately 48.3 billion lira, an increase of 17.3 per cent compared with the previous year.3 Of this aggregate...»
Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction?
Article 149 of the Industrial Property Code 6769 (IP Code) sets the legal framework for claims that can be asserted by the rights holder and the scope of the injunctions that can be granted by the court.
Accordingly, a person can request the court to:
determine whether the third party infringes the patent;
decide on the prevention of the infringement;
decide to stop the action that...»