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Thought Leadership

COVID-19 HUB

COVID-19 HUB

Our COVID-19 HUB is designed to keep our stakeholders updated and help them understand the legal effects of COVID-19 outbreak, and take steps to maintain their businesses in Turkey.

Trademark Law in Turkey Key Developments and Predictions - 2021

Trademark Law in Turkey Key Developments and Predictions - 2021

We have compiled our articles on various topics of trademark law that we deem important for brand owners, which we have developed over the course of the last year.

Patent Law in Turkey Key Developments and Predictions - 2021

Patent Law in Turkey Key Developments and Predictions - 2021

We focus on the key aspects of patent litigation in Turkey, and the most important or challenging issues in Turkish Patent Law.

Life Sciences Law in Turkey Key Developments and Predictions - 2021

Life Sciences Law in Turkey Key Developments and Predictions - 2021

We focus on the key aspects of life sciences in Turkey, the most important and challenging issues in Turkey’s life sciences industry.

Data Protection and Privacy Law in Turkey Key Developments and Predictions 2021

Data Protection and Privacy Law in Turkey Key Developments and Predictions 2021

We focus on the key aspects of data privacy matters and developments in Turkey, and the most important or challenging issues regarding the same.

Copyright Law in Turkey Key Development and Predictions 2021

Copyright Law in Turkey Key Development and Predictions 2021

In the report, we outline seven controversial issues that we often encounter in Turkish copyright Law.

Commercial Dispute Resolution Under Turkish Law Rules, Developments and Insights - 2020

Commercial Dispute Resolution Under Turkish Law Rules, Developments and Insights - 2020

We focus on the four main topics of commercial dispute resolution under Turkish law, and the most important and challenging issues in commercial dispute resolution under Turkish law.

Media and Advertising Law in Turkey Key Developments and Predictions - 2020

Media and Advertising Law in Turkey Key Developments and Predictions - 2020

We focus on the key aspects of media and advertising law in Turkey, and the most important or challenging issues in Turkish media and advertising Law.

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Monthly Newsletters

November 2021

November 2021

We are pleased to publish our monthly newsletters to update our community and clients about legal developments in Turkey.

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Guidelines on Named Patient Programme Amended in 2021

Articles -
Life Sciences || Dicle Doğan and Fatma Sevde Tan

The Turkish Medicines and Medical Devices Agency's guidelines on the Named Patient Programme (Turkish language) explains the procedure for the supply from abroad of drugs that are not authorised in Turkey or not available on the Turkish market. The guidelines were first published in 2014, amended in 2015, 2017 and 2020, and finally published in the most current version on 9 August 2021. The latest amendment made to the guidelines introduces the definition of generic products ...»

Enforcement of Foreign Judgments 2022 in Turkey

Guides -
Dispute Management || Asena Aytuğ Keser and Beril Yayla Sapan

Treaties Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties, and what, if any, amendments or reservations has your country made to such treaties? Except for multilateral treaties on family law, Turkey is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. However, Turkey is a ...»

Red Bull Triumphs in Opposition Before the Turkish Patent and Trademark Office

Articles -
Trademarks and Designs || Zeynep Seda Alhas and Dilan Sıla Kayalıca

The Turkish Patent and Trademark Office has upheld Red Bull’s opposition against an application for a composite mark intended for energy drinks. Background The applicant, a food company established in 1996, sought to register the below trademark in Class 32 – particularly for energy drinks. (BLACK TALLBOSS mark) This application passed the initial examination and was published in the Official Trademark Bulletin of the Turkish Patent and Trademark Office, for possible third-p...»

Medical Device Regulation Has Been Published

Articles -
Life Sciences || Dicle Doğan and Fatma Sevde Tan

Medical Device Regulation (“Regulation”) has been published in the Official Gazette numbered 31499 on 2 June 2020. With the Regulation prepared in accordance with the EU Medical Device Regulation numbered 2017/745 (“MDR”), it is aimed to provide a safer use for manufacturers and medical device users with a transparent and sustainable system. In this context; new noteworthy provisions are the definition of a medical device, classification of products, distance sales, manufactu...»

Significant Amendments to the Administrative Jurisdiction Procedure Law

Articles -
Dispute Management || Asena Aytuğ Keser

The Law Amending the Criminal Procedure Code and Certain Other Laws No. 7331 (“Law No. 7331”) -known as the 4th Judicial Reform Package - which entered into force by publication in the Official Gazette dated July 14, 2021, significantly reduced the time limits foreseen in the Administrative Jurisdiction Procedure Law No. 2577 (“Law No. 2577”) in terms of the administrative authorities in the application procedures before filing of administrative actions. Accordingly: As per ...»

The Guide to Challenging and Enforcing Arbitration Awards in Turkey

Guides -
Dispute Management || Asena Aytuğ Keser and Direnç Bada

1     Must an award take any particular form (e.g., being in writing, signed and dated, place of issuance, requirement to provide reasons, and delivery)? Article 14(A) of the Turkish International Arbitration Law (TIAL) provides that an award must include: the names, surnames, titles and addresses of the parties, their representatives and lawyers; the legal grounds upon which the award is based, and, if there is a claim for compensation, the amount of compensation; the place...»

Transition Process for Product Tracking System

Articles -
Life Sciences || Dicle Doğan and Fatma Sevde Tan

The announcement clarifies the status of certified documents, product registration and movement requirements relating to medical devices in the context of the transition to the Regulation. The announcement states due dates for the certified documents and new product registrations that take into consideration the Product Tracking System registrations. The announcement also sets out rules for the status of: · Products certified by British notified bodies. · Products with certif...»

In Vitro Medical Device Regulation Published

Articles -
Life Sciences || Dicle Doğan and Fatma Sevde Tan

The Regulation aims to protect the health and safety of patients and users of medical devices, supply high quality medical devices, support innovation, and create a transparent, robust and sustainable medical device market. The Regulation includes new rules regarding: · Device classification. · Stricter oversight of manufacturers by notified bodies. · The responsible person. · Unique Device Identifier marking for devices. · EUDAMED registration. · Increased post-market survei...»

New Medical Device Regulation Published

Articles -
Life Sciences || Dicle Doğan and Fatma Sevde Tan

Under the Regulation, the processes for placing a medical device on the market, putting it into service and distance selling are now explicitly regulated. Devices that are in conformity with the relevant harmonised standards shall be presumed to be in conformity with the requirements of the Regulation. Where the manufacturer of a device is not established in an EU member state or Turkey, the device may only be placed on the market if the manufacturer designates a sole authori...»

Commitments on The Transfer of Data Abroad

Articles -
Data Protection and Privacy || Begüm Yavuzdoğan Okumuş and Selin Başaran Savuran

In lieu of a comprehensive list of countries that personal data can be transferred to freely, the procedure for data transfers outside of Turkey is more complicated than most. Begüm Okumuş and Selin Başaran Savuran, Managing Associate and Senior Associate respectively at Gün + Partners, explore this process and how it is likely to evolve in the future. In an increasingly digitalised and globalised world, the need for transferring personal data abroad is inevitable and increas...»

Remote Working in the New Normal After COVID-19

Articles -
Employment || Beril Yayla Sapan, Görkem Bilgin and Kardelen Özden

Global COVID-19 pandemic, which has been going on for over a year now, had inevitable impacts on the business life. During the pandemic, various measures have been taken into place at workplaces to fight this outbreak. Remote working was one of the most prominent measures of all. It is beyond question that remote working model will maintain its significance at workplaces even after the pandemic. As per the Turkish Labour Act (the “TLA”), remote working is an employment relati...»

Data Protection Officer Within the Scope of the Personal Data Protection Law and the GDPR

Articles -
Data Protection and Privacy || Begüm Yavuzdoğan Okumuş and Selin Başaran Savuran

Data protection officer (“DPO”) is a concept regulated under the General Data Protection Regulation (“GDPR”), which came into force in May 2018 in the European Union. The purpose of regulation of the DPO is to appoint a person who will be responsible for monitoring compliance of data controllers with data protection legislation. The GDPR imposes an obligation to appoint a data protection officer on data controllers who meet a number of criteria as well as regulates the duties...»