Challenging and Enforcing Arbitration Awards: Türkiye 2024
Must an award take any particular form? Article 14(A) of the International Arbitration Law (IAL) provides that an award must include: the names, surnames, titles and addresses of the parties, their representatives and lawyers; the legal grounds on which the award is based and, if there is a claim for compensation, the amount of compensation; the place of arbitration and the date of the award; the name, signature and a dissenting opinion, if any, of the arbitral tribunal;… »
Turkish Legislation Offers Various Solutions to Tackle Trademark Squatting
Similar as in other countries, trademark squatting is also a common problem which foreign brands face in Türkiye. Trademark squatting creates challenges for market entry and registration of trademarks for foreign companies, as well as leading to dilution of the original trademark. Although there are steps to be taken to better prevent squatters, the current intellectual property (IP) legislation still has effective tools to protect the rights of foreign trademark owners and… »
A New Era in Turkish Personal Data Protection Legislation
Amendments to the Law on the Protection of Personal Data (“Law”) entered into force as of June 1, 2024. Please review our detailed article here about the amendments to the Law. The main actions to be taken by data controllers within the framework of the amendments are briefly as follows: 1. Providing Appropriate Safeguards for Transfers Abroad Except for cross-border transfers that are irregular, occur on one or a few occasions, are not continuous and are not in the ordinary… »
A Draft Regulation on the Promotional Activities of Human Medicinal Products and Food for Special Medical Purposes has been Published
On May 28, 2024, the Turkish Medicines and Medical Devices Agency (“Agency”) published a Draft Regulation on the Promotional Activities of Human Medicinal Products and Food for Special Medical Purposes (“Draft”) on its official website and announced that opinions regarding the Draft can be delivered to the Agency. Significant amendment proposals that differ from the current regulation are as follows: In General In addition to physicians, dentists, and pharmacists, promotion… »
Türkiye’s Update: Key Changes in Named Patient Program
Pharmaceuticals that are not authorized in Türkiye or authorized but not available on the market shall be procured from abroad as per a special authorization and on a case by case basis (Named Patient Program-NPP). This supply can be conducted by public institutions approved by the Ministry ofHealth that are defined as Foreign Pharmaceutical Suppliers (Suppliers) and currently constitute theSocial Security Institution and the Turkish Pharmacists Association. The Suppliers can… »
Advertisement Board’s Power to Block Access was Annulled
The Turkish Constitutional Court (“Court”) annulled paragraph 12 of Article 77 of the Consumer Protection Law, which granted the Advertisement Board the power to partially or entirely block access to websites containing unlawful advertising content. The relevant rule was considered to be unconstitutional pursuant to the Court’s decision dated 13 September 2023 and numbered 2022/70 E. - 2023/152 K. In its decision, the Court ruled that the scrutinized legal rules do not meet… »
Discount Sale Ads and Loyalty Programs Under the Microscope
The Advertisement Board ("Board") closely monitors the discount sales campaigns, which have become a tradition in e-commerce, held in November and known as "Legendary November Discounts", "Fabulous Friday Discounts", where discounts at various rates are announced for a large number of products. The Board imposes administrative sanctions on discount sales advertisements and practices that deceive and mislead consumers and create the perception that there is a higher price… »
Alcoholic Beverage Advertisements through Alibi Branding
Brand communication of alcoholic products to consumers is strictly prohibited in Türkiye and there is full prohibition of advertisement of alcohol, any manner in all forms of media. This ban includes broadcasts on TV and radio, advertisements in cinema, product placement, printed media, as well as advertisements on social media and digital platforms. Alibi branding is an alternative mechanism for promotion of alcohol brands and in fact, this is a grey area. Although there is… »
Dark Patterns on the Advertisement Board's Agenda
Unfair commercial practices, also known as the "dark patterns", have entered the agenda of the Advertisement Board. Dark patterns may in fact be considered as unfair commercial practices regulated under the Regulation on Commercial Advertising and Unfair Commercial Practices ("Regulation"). Pursuant to the Regulation, a consumer-oriented commercial practice is deemed to be unfair if it does not comply with the requirements of professional care and if it significantly impairs… »
First Legal Regulation for Artificial Intelligence Systems: AI Act
Artificial intelligence, which has become one of the most important components of modern technology, has rapidly transformed our interaction with technology, seamlessly integrating into various areas of our daily routines. AI technologies, offering significant advancements and innovative solutions in fields such as medicine, finance, transportation, education and many others, have also brought with sensitivities towards critical issues such as ethics, security and privacy.… »
The First of its Kind: Compensation for Damages Caused by Unfair Preliminary Injunction Decisions in the Pharmaceutical Industry
One must have deep knowledge and experience in many different disciplines to play a role in the solution of complex and multi-layered patent law disputes. One of the most important examples of this situation are compensation actions filed following the abolition of preliminary injunctions in patent disputes related to the pharmaceutical industry. As a matter of fact, the decisions of the courts of first instance and the Court of Appeal in these types of cases give direction… »
A New Slant on the Implementation of the Bolar Exemption in Turkish Patent Law
The Bolar Exemption falls under the provision of Article 85(3)/(c) of the Industrial Property Code No. 6769 (IP Code) and regulates the marketing authorisation of pharmaceuticals, the testing and experiments required for this purpose and the exemption of experimental acts involving the patent subject to the invention from the scope of rights protected by the patent. The aim of the Bolar Exemption is to ensure that Gx pharmaceutical products can be put on the market without… »