The data of the Central Bank of the Republic of Turkey indicate that the private sector’s loan debt from abroad and short-term loan debt in general, excluding commercial loans, have reached a level that will cause economic uneasiness.
Due to economic fluctuations and the following pandemic, the financing needs of companies are increasing day by day. Companies may need to increase their capital in order to meet these financing needs, to evaluate their idle resources and to man...»
The Regulation on the Promotional Activities of Medicinal Products for Human Use (“Regulation”) defines the scientific and product promotion meetings and regulates how the marketing authorization holders can support or organize these activities. However, the Guidelines on the Application of Electronic Scientific Meetings and Product Promotion Meetings (“Guidelines”) which has been prepared taken into consideration the electronic scientific meetings and electronic product prom...»
The Ankara Regional Court of Appeal has recently reversed three first-instance decisions by relying on Article 353/1-a-6 of the Code of Civil Procedure No 6100 (CCP), which reads as follows:
Following a preliminary examination, the Regional Court of Appeal, without holding a hearing and as a final decision, shall send the file back to the court which rendered the original decision or another court in the same jurisdiction without examining the merits of the dispute in the fol...»
On 6 May 2021, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) about the transfer of value notifications to be made regarding scientific and product promotion meetings that were postponed or cancelled due to the pandemic.
Turkish market authorisation holders must notify the Turkish Medicines and Medical Devices Agency regarding any transfer of value made to healthcare professionals or healthcare organisations (HCOs) exceeding the ...»
The Istanbul Civil Court for Intellectual and Industrial Rights (IP court) has granted an ex-parte preliminary injunction (PI) against a marketed generic product. As per the PI decision, the price of the original product has been reinstated and the generic product has been removed from the reimbursement list of the Social Security Institution (SSI).
Although the IP court issued the PI decision in a fairly short period of time, the patent holder's fight to protect i...»
The Turkish IP Law (6769) rules on acts that constitute patent infringement and acts that are excluded from patent protection. However, when it comes to evaluating whether clinical trials in Turkey should be excluded from patent rights, it is important to take the experimental use exemption under Article 85/3(b) and the Bolar exemption under Article 85/3(c) into consideration.
Unfortunately, this is easier said than done. There is no case law in Turkey that claries which acts...»
“The Guideline on Commercial Advertisement and Unfair Commercial Practices Conducted by Social Media Influencers” (“Guideline”), which was prepared based on Consumer Protection Law numbered 6502 (“Consumer Protection Law”) to serve as basis for commercial advertisements and unfair commercial practices run by Social Media Influencers has been enacted by Advertisement Board and entered into force as per its decision numbered 2021/2 and dated 4 May 2021. Pursuant to the Guidelin...»
Termination ban and unilateral unpaid leave came into force for the first time with the Law on Minimizing the Impacts of the New Coronavirus (COVID-19) Outbreak on Economic and Social Life and the Amendment of Certain Laws (7244) (“the Amendment Law”) published in the Official Gazette (31102) on 17 April 2020.
With the Amendment Law, termination of all employment contracts, regardless of being under the scope of the Turkish Labour Act or not, were prohibited for three months ...»
The Turkish Court of Cassation (the CoC) issued several decisions regarding pharmaceutical trade marks during 2020. This paper aims to provide the details of the CoC’s several finalized decisions on pharmaceutical trade marks and to remark on their importance.
Samumed v Sanimed
Decision No: 2020/273 K.., 1 January 2020
A trade mark application SAMUMED covering all goods in class 5 was filed before the Turkish Patent and Trademark Office (the Office) and was rejected upon a th...»
Developments for Local Storage in Turkey
Introduction and Executive Summary
The National Cyber Security Strategy and Action Plan (2020-2023) was published by the Ministry of Transport and Infrastructure on December 29, 2020. It was emphasized for critical infrastructures that issues such as keeping domestically produced data within the country will play a key role in studies to be carried out to protect such infrastructures and to increase their strength.
On the other hand,...»
The Law on Amending the Law on the Procedure for the Collection of Public Receivables and the Law and Certain Laws numbered 7316 (the “Law”) was published in the Official Gazette numbered 31462 and dated 22.4.2021. Even though seven different laws have been amended with the Law, the most important regulation that is important for entities seems the amendment made in the Corporate Tax Law (the “CTL”).
Pursuant to the Provisional Article 13 added to the CTL with Article 11 of t...»
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 assessment ex officio. The management of p...»