Law on the Payment by the Ministry of Finance of Medical Device Companies’ accumulated receivables
Dicle Doğan and Fatma Sevde Tan, Gun + Partners
Historically, medical device companies could not receive payments for any products sold to state university hospitals in Turkey. On 6 April 2018, an Omnibus Bill was published in the Official Gazette numbered 30383 (Turkish language), introducing a new payment model for accumulated unpaid debts arising from the purchase of drugs an...»
Medical device and pharmaceutical companies could not get payments for products they sold to public university hospitals for a long while. It was the issue of concern how these debts, which disrupted the cash flow of the sector, would be compensated.
On April 6, 2018, the Law numbered 7104 on Amendment of the Value Added Tax Law, Some Laws and Decree Law No. 178 was published (“Law”).”Provisional Article 75″ added to Law No. 2547 of the Higher Education Law with the Law; pr...»
While Turkey has faced many challenging times over recent years, a wide range of efforts have and continue to be made by the Turkish government to further improve the country’s investment environment.
One such initiative is the recent introduction of a new law, ‘Law on the Amendment of Certain Laws for the Improvement of the Investment Environment numbered 7099’ (the “Law”), which was published in Turkey’s Official Gazette on 10 March 2018 to (i) support domestic and internat...»
The Industrial Property Code No. 6769 (“the IP Code”) which came into force on 10 January 2017 has been widely welcomed by brand owners as their rights have now been sealed through the introduction of this new Code.
The primary reason for the enactment of the new Code was the cancellation of various articles of the former Decree-laws on IP rights by the Constitutional Court on the grounds of Article 91 of the Constitution, which prohibits regulation of the property rights by ...»
This article gives an overview of the new Personal Data Protection Law that entered into force in Turkey in 2016, and the secondary legislation that was subsequently issued. It analyses the most important points under the new legislation and the many obligations that data controllers must now comply with when dealing with personal data.
The article is part of the global guide to data protection and privacy. For a full list of jurisdictional Q&As visit global.practica...»
Under Turkish law, there are two types of procedure in civil proceedings. Written procedure is the main and most common type, whereas the simple procedure, as the name suggests, is a simplified and expedited process. There are two rounds of written submission in written procedure (ie, pleading and response and rebuttal and rejoinder). However, in the simplified procedure, only pleading and response petitions can be filed by the parties. In principle, commercial cases are subj...»
Owner of A-101 marks opposed registration of A10.COM in Classes 9 and 41
Office and IP Court found that there was a likelihood of confusion
Court of Appeals reversed due to high level of attention of target consumers
In a recent decision, the Court of Appeals has ruled that the level of attention of the target consumers of a trademark plays a significant role in the assessment of the likelihood of confusion.
On March 9 2012 Dutch company Spil Games applied to reg...»
A Q&A guide to distribution and marketing of drugs law in Turkey.
The Q&A gives a high level overview of distribution and marketing of drugs law, including pre-conditions for distribution; licensing; wholesale distribution; marketing to consumers; marketing to professionals and engagement with patient organisations.
To compare answers across multiple jurisdictions, visit the Distribution and Marketing of Drugs Country Q&A Tool.
This Q&A is part of the global g...»
Terms and Conditions of Employment
1.1 What are the main sources of employment law?
The main sources of employment law are as follows:
Turkish Labour Act numbered 4857 (the “TLA”).
Law on Trade Unions and Collective Bargaining Agreements numbered 6356 (the “Union Law”).
Law on Civil Service Trade Unions and Collective Bargaining Agreements numbered 4688.
Maritime Labour Law numbered 854.
Press and Media Labour Law numbered 5953.
Turkish Code of Obligatio...»
On October 25 2017 the Turkish Court of Appeal upheld a decision of the Civil IP Court in which the latter had assessed the similarity between two trademarks by taking into account generic words that would not normally be considered in the examination of the likelihood of confusion. The decision also deals with the hot topic of how, and under which conditions, an earlier trademark provides vested rights to its owner.
An application was filed for the registration of the mark d...»
Pursuant to the Regulation published in the Official Gazette dated March 27, 2018 and numbered 30373 “Regulation on Procedures and Principles of Broadcasting Service” was amended. With the relevant amendment it has been clarified how the provision, “Commercial communications of foods and beverages, containing nutrients and substances excessive consumption of which is not recommended in general nutrition diets shall not accompany the children programs at the beginning/end or s...»
The Law on Amendment to Tax Laws, Some Laws and Decree-Laws (“Law”) which brings amendments to RTUK Law no. 6112 was approved by the President, was published in the Official Gazette numbered 30373bis on March 27, 2018. Highlights of the amendment to the RTUK Law
Media service providers which make online broadcasting and platform operators which transmit these broadcasts via the internet are required obtain license from RTUK.
Online broadcasting activities will be subject to ...»