Insights

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.

Dispute Management

Dispute Management

Commercial Dispute Resolution under Turkish Law: Rules, Developments and Insights

Patent and Utility Models

Patent and Utility Models

In this year's report, we focus on the key aspects of patent litigation in Turkey, and the most important or challenging issues in Turkish Patent Law.

Trademarks and Designs

Trademarks and Designs

In this year's report, we focus on the eight main challenges encountered in the interpretation and implementation of key changes introduced by the IP Code.

Copyrights

Copyrights

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

Life Sciences

Life Sciences

In this year's report, we focus on the key aspects of life sciences in Turkey, the most important and challenging issues in Turkey’s life sciences industry.

Technology, Media and Telecom

Technology, Media and Telecom

In this year's report, 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

July 2020

July 2020

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

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Sales Promotions 2020 in Turkey

Guides -
Technology, Media and Telecom || Hande Hançar and Elif Melis Özsoy

Regulatory Framework 1. How does national law regulate sales promotions? Sales promotions in Turkey are regulated by:  Law on the Protection of the Consumer No. 6502 (Consumer Law).  Turkish Commercial Code numbered 6762 (TCC).  Law on Regulation of Retail Trade No. 6585 (Retail Law).  Regulation on Commercial Advertisements and Unfair Practices (Advertising Regulation).  Regulation on Lotteries and Drawings for Non-Cash Rewards (Prize Regulation). 2. What obligations or st...»

Private Acquisitions 2020 in Turkey: Market Analysis

Guides -
Corporate and M&A || Görkem Bilgin and Selin Başaran Savuran

1. What are the current major trends in the private M&A market? In recent years, Turkey has enacted several laws designed to improve its investment environment. In 2012, the Turkish Commercial Code (TCC) and the Turkish Code of Obligations entered into force to replace their previous versions and create a transparent and sustainable commercial environment. In 2016, Turkey enacted the Law Amending Certain Laws for Improvement of the Investment Environment numbered 6728 (Am...»

Measures against Manipulation and Misleading Transactions Are Expanding

Articles -
Finance || Pelin Baysal and Ilgaz Önder

Following the amendments made in the Banking Law No. 5411 on 20 February 2020, the Regulation on Manipulation and Misleading Transactions in Financial Markets (“the Regulation”) was published in the Official Gazette on 7 May 2020 and entered into force. The Article 76/A[1], which was added to the Banking Law on 20 February as the basis of the Regulation, defines manipulation and misleading transactions in financial markets by explicitly referring to the banking transactions a...»

International Insurance Law and Regulation 2020

Treatises -
Insurance and Reinsurance || Pelin Baysal and Ilgaz Önder

Introduction to the April 2020 Edition of International Insurance Law and Regulation International Insurance Law and Regulation is a comprehensive collection of commentary from internationally recognized practitioners who are experts in their jurisdictions. These specialists discuss the law and regulation of insurance in their region, creating a country-by-country guide on doing business in  his highly structured and regulated industry. The April 2020 edition contains the fol...»

Suspension of Judicial Terms Due to COVID-19 Extended

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

The suspension of judicial terms due to COVID-19, which was set to expire on 30 April 2020, has been extended until 15 June 2020 (for further details please see "COVID-19: suspended proceedings and judicial terms"). However, this date will be re-evaluated if the risk of spreading the virus is eliminated before the extension expires. Background The Law on the Amendment of Certain Laws 7226 suspended procedural terms until 30 April 2020 in order to prevent any loss of rights in...»

Compensatory Working under COVID-19 Measures

Articles -
Employment || Beril Yayla Sapan and Asena Aytuğ Keser

The COVID-19 outbreak, which was declared a pandemic by the World Health Organisation on 11 March 2020, the date on which the first case in Turkey was discovered, has inevitably had a significant impact on economic life. The measures taken to minimise this impact eventually resulted in labour law having to be restructured according to the pandemic's circumstances. In this respect, the duration of compensatory working, which is stipulated under the Labour Act, has been increas...»

Court of Cassation Reopens Debate on Recordation of Well-Known Trademarks

Articles -
Trademarks and Designs || Uğur Aktekin and Begüm Soydan

The Court of Cassation has held that the Patent and Trademark Office has no authority to create and maintain a registry for the recordation of well-known marks Well-known status must be evaluated on a case-by-case basis The finalisation of this decision will have significant repercussions In a recent decision that challenges longstanding precedents, the Court of Cassation has concluded that the Turkish Patent and Trademark Office has no authority to create and maintain a re...»

Litigation and enforcement in Turkey: overview 2020

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

Main dispute resolution methods 1. What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes? The main and most commonly used method for resolving large commercial disputes in Turkey is litigation. Civil litigation is based on the principle that the parties to the dispute prepare their case. The judge is bound to hear claims, defences and evidence brought by the parties. However, the judge is entitled to make a legal assessme...»

Judicial Remedy Against Decisions Issued by Turkish Data Protection Board

Articles -
Technology, Media and Telecom || Begüm Yavuzdoğan Okumuş and Selin Başaran Savuran

Under the Personal Data Protection Law No. 6698 Article 18 ("DPL") the Personal Data Protection Board (“Board”) has the authority to impose administrative fines on data controllers due to failure to comply with their various obligations regulated under the DPL, i.e. failure to comply with the obligation to inform data subjects, obligations related to data security, the decisions issued by the Board and registration and notification obligations to the Data Controllers’ Registr...»

Combating Counterfeit Hygiene Products, Along With COVID-19

Articles -
Anti-Counterfeiting || Zeynep Seda Alhas and Umut Çağdaş Tahiroğulları

Turkey’s first official diagnosis of COVID-19, which is considered to have begun in China’s Whuan city in December 2019 and which has spread to millions worldwide in the following months, was announced on 11 March 2020. Following the first case reported in Turkey and basically due to sudden increase in the demand for products such as masks, disinfectants, detergents; a direct increase has also been observed in the supply of counterfeit products to the market, which are illici...»

Court of Appeal: Plaintiff Lost its Right to Claim Trademark Infringement Due to Silence

Articles -
Trademarks and Designs || Güldeniz Doğan Alkan and Dilan Sıla Kayalıca

In a case involving several MESA marks, the Court of Appeal has confirmed that the plaintiff had lost its right to claim trademark infringement due to its silence The court applied this principle even though the defendant had not clearly raised it as a defence The case highlights that loss of right to sue due to silence is an important tool for defendants in trademark infringement/invalidation actions Background The plaintiff, acting as the owner of the trademark MESA and o...»

Precautions to Be Taken in Clinical Trials Due to COVID-19

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

Due to COVID-19 pandemic, precautions needed to be taken in the field of clinical trials where it is requisite to ensure the protection of the rights, safety and wellbeing of trial participants. In this regard, European Medicines Agency published Guidance on the Management of Clinical Trials during the COVID-19 (Coronavirus) Pandemic on 20 March 2020 and released revised Version 2 on 27 March 2020 and recently updated Version 3 (“EMA Guidance”) on 30 April 2020. The EMA Guida...»