We share our knowledge and expertise to update our community and clients about legal developments in Turkey.

Advertisements Containing Environmental Claims

Until recently, there was no regulation specifically applicable for advertisements containing environmental claims. In the absence of specific regulation, the Advertisement Board has previously conducted its evaluations of such advertisements pursuant to the provisions included in the Advertising Regulation stating that advertisements must not abuse consumers’ environmental sensitivity or lack of knowledge in this field. For example, the Board determined in a decision… »

Conformity of Comparative Advertisements to the Advertising Law

Direct comparative advertising is considered unlawful under the Advertising Regulation as it is prohibited thereunder to mention the product name, trademark, logo, trade name, business name or other distinctive features of competitors in advertisements. Only indirect comparative advertisement not containing the trademark and distinctive features of competitors is allowed. The Advertisement Board rendered a decision in August 2022, which was particularly relevant to the scope… »

Social Responsibility Awareness and Social Values in Advertisements

The Advertisement Board rendered a guiding decision in September 2022 with respect to the advertisements published by an international fashion company operating in Turkey in which some food products like bread and doughnuts covered with colourful toppings were placed together with some attractive shoes and sandals also offered for sale. The Board evaluated that the advertisements violated the principle requiring that advertisements must follow the principles of fair… »

Gender Equality in Turkish Workplaces

Introduction Gender equality and the inclusion of women in the labour market are considered essential tools for nations to reach their full potential and ensure sustainable development, growth and a prosperous life. However, the full implementation of this goal constitutes a challenge for many states, regardless of their level of development. The Global Gender Gap Report of 2022, published by the World Economic Forum, suggests that it will take another 132 years for the… »

Advertisements Required to Include +18 Markings

The Advertisement Board rendered a highly controversial decision in July 2022 concluding that the promotions published by a fashion company on the main page of its website under the title of “My Chosen Family” including the following statements “My Chosen Family: A chosen family consists of members who chose to support and love each other. It celebrates who you are no matter whom you love. Meet the LGBTQIA+ family who chose each other” are against the Constitution and… »

How Does Turkey's Judicial System Fare With Respect to Gender Diversity?

The increasing importance of gender equality and the inclusion of women is a significant indicator of development. One of the goals set out under the Strategic Plan of 2019-2023 issued by the Ministry of Justice is to increase the number of judges, public prosecutors and judicial personnel. The Strategic Plan provides that, as a strategy to achieve this goal, the principle of gender equality in the recruitment of judges, public prosecutors and other personnel will be taken… »

TV Scenes Contrary to Social Gender Equality

Broadcast media is regulated and supervised by the Radio and Television Supreme Council (“RTUK”), an autonomous and impartial public legal entity. The RTUK regulates and supervises the radio, television and on-demand media services, and examines broadcasts, as well as advertisements, in light of the provisions of Broadcasting Law No. 6112. The RTUK recently rendered an important decision against the abuse of women and gender inequality. The RTUK ‘s decision concerned TV… »

Implementation of the Guideline on Social Media Influencers

In Turkey social media advertising is mainly regulated under Consumer Protection Law and the Advertising Regulation. In 2021, the Advertisement Board drafted the Guideline on Commercial Advertisement and Unfair Commercial Practices Conducted by Social Media Influencers” (“Guideline”). It was prepared based on the Consumer Protection Law to serve as a basis for examinations of commercial advertisements and unfair commercial practices run by Social Media Influencers. The Board… »

Amendment to Press Labour Law: Who is Considered a Journalist?

Under Turkish law, journalists are subject to Law No. 5953 on Arrangement of Relations Between Employers and Employees in the Field of Press (the Press Labour Law), which sets out the terms and conditions of their employment. The former wording of article 1 of the Press Labour Law stated that the law covered: those who work in any kind of intellectual or artistic works at news and photo agencies, periodical publications and newspapers published in Turkey and those who fall… »

Waiving from IP Rights in the Post-Covid Landscape

As the effects of the pandemic fade, it may be a good time to look into the lessons learned and take the necessary precautions against the next one. Indeed, pandemics have been a fundamental part of human history since time immemorial and diligently addressing the reasons for their emergence and the problems they create is quite important. However, the problem of inequitable access to drugs and vaccines faced during the pandemic remains unsolved today, with discussions of the… »

Pricing of Pharmaceuticals and the Fixed Exchange Rate

Pharmaceutical prices in Turkey have always been a controversial issue. The prices of medicines for sale are set under the Decision on Pricing of Human Medicinal Products (“Decision”) and the Communiqué on the Pricing of Human Medicinal Products (“Communiqué”) of September 29, 2017, issued by the Ministry, which is vested with the competencies to regulate this area. The Decision provides a reference pricing system, whereby the least expensive ex-factory price in one of the… »

Unified Patent Court - How It Will Resonate in Turkey?

The concept of the Unified Patent Court (“UPC”) entered the lives of European Patent holders with the UPC Agreement, an international agreement dated February 19, 2013. The system is intended to begin operation on June 01, 2023. The courts in question constitute a big and important step towards ensuring the unity of the judiciary for European Union member states. With the completion of the approval processes for 17 European Union members, a few days before the start of the… »

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