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Insights

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

Sanctions on Food Supplement Ads on Social Media

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In its meeting dated 14.07.2020 and numbered 299, the Advertisement Board imposed sanctions against the advertisement of a food supplement with the false health claim by various celebrities and ordered to cease the broadcast of food supplement’s advertisement and imposed administrative monetary fine corresponding to 104.781 Turkish Liras against each celebrity who advertised the product on his / her social media page as well as the advertiser. The Advertisement Board examined… »

The Scope of the Gifts Given Along with Foods

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In its decision dated 11.02.2020 and numbered 2019/9931, the Advertisement Board examined a campaign regarding free ice tea coupons accompanying potato chips and the advertisement of the referred products. The Advertisement Board held that the said campaign and the referred advertisements are compliant with the Consumer Protection Law numbered 6502 and the Advertising Regulation and imposed no sanction against these promotions. Shortly after the decision mentioned above, in… »

Sanctions against Unfair Price Increases

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Due to the rapid expansion of the COVID-19 pandemic in Turkey and worldwide, demand for protective masks, sanitisers, cleaning products and foodstuff significantly increased. Some companies exorbitantly and inequitably increased prices of such goods, substances and materials, which the consumers intensively demanded during this outbreak. The Advertisement Board, in March 2020, ordered a decision for suspension of the referred actions and imposition of 10.090.060 Turkish liras… »

Unfair Price Assessment Board

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During the COVID-19 outbreak, some entities exorbitantly increased the prices of masks, disinfectants, colognes, wet wipes and foodstuff against the standards of professional care in contrast with the normal functioning of the market and in a way that is negatively affecting the usual purchasing behaviour of the consumers. By taking the exorbitant price increases into account, an additional article titled “Exorbitant price increase, stockpiling and Unfair Price Assessment… »

Defamation in Advertisements

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The Advertisement Board, rendered in its decision in the last month of 2020, proving its sensitivity towards Turkish cuisine and food culture, ruled that advertisements for a canned seafood product to be permanently suspended. In the advertisement broadcasted on television channels and social media accounts of the advertiser, the couple who would like to dine out is on the street with various restaurants selling food from Turkish cuisine. However, the non-hygienic attitude of… »

Changes to Minimum Wage, Severance Payments and Administrative Fines for 2022

At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. On 1 January 2022, the changes for 2022 came into effect. Minimum wage In 2021 the monthly minimum wage rate was TRY3,577.50 (gross). As of 1 January 2022, this has increased to TRY5,004.00 (gross). The new rate applies from 1 January 2022 to 31 December 2022. The minimum wage applies to all employees, regardless of age, industry and… »

Seeking Information on Pending MA Applications Is Lawful According to Administrative Court

As per article 9 of the Regulation on Licencing, which regulates “Abridged Application”, if a pharmaceutical has been licenced before, it is not necessary to repeat the tests and research and the data of these tests doesn’t have to be submitted for licencing again, only referencing to the licence information of the pharmaceutical that is pre-licenced is sufficient.   However, due to the obligation of the product which is subject to the reference application must be basically… »

Remote Provision of Healthcare Services in Turkey

Abstract: The Ministry of Health published the Regulation on Remote Provision of Healthcare Services regulating the telemedicine activities. The telemedicine is one of the areas that is not clearly regulated under Turkish law. Within the scope of existing legal framework, the Medical Deontology By-law and Ethical Principles for Physicians prohibit remote examination, diagnosis and treatment of patients. During the COVID-19 pandemic, the legal gap on telemedicine became a more… »

The Necessity to Convert the Additional Workplaces into Branches or Close Them Down

Before the Turkish Commercial Code numbered 6102 and dated 01.07.2012 (the “new TCC”) came into effect, the “additional workplace” practice was present, and accordingly, companies used to register their warehouses or offices, which are outside the headquarters, as additional workplaces before the trade registry. However, with the new TCC coming into effect, the “additional workplace” practice was replaced by the “branch” organization, and with the secondary legislation, a… »

Patent Litigation 2022 in Turkey

1. What are the principal sources of law and regulation relating to patents and patent litigation? At national level, the main sources of patent law are the: Industrial Property Code No. 6769 (IP Code). Regulation on the Implementation of the IP Code. Regulation on Employees' Invention, Inventions Realised in Higher Education Institutions and Inventions Realised as a Result of Publicly Funded Projects. Regulation on the Implementation of the… »

Design Protection in Turkey

Country Specific Issues - Legal System (civil/common law)Law ReferencesIndustrial Property Code No. 6769 of December 22, 2016 (Industrial Property Code) Regulation on the Implementation of the Industrial Property Code No. 6769 (Implementing Regulation under Industrial Property Code)CommentaryTurkey has a civil law system. There used to be individual legislations (Decree Laws) for each intellectual property right and registered design rights were protected under the provisions… »

Guideline on Counterfeit, Smuggled or out of Legitimate Supply Chain Drugs Published

On 5 January 2022, the Turkish Medicines and Medical Devices Agency (Agency) announced on its website that a guideline on drugs that are counterfeit, smuggled or out of the legitimate supply chain has been published. The guideline aims to define the responsibilities of stakeholders in combatting drugs that are counterfeit, smuggled or out of the legitimate supply chain and to guide the procedures to be carried out accordingly. Notably, the guideline: States that regulated… »

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