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Thought Leadership

Copyright Law in Turkey Key Development and Predictions 2022

Copyright Law in Turkey Key Development and Predictions 2022

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

Data Protection and Privacy Law in Turkey Key Developments and Predictions - 2022

Data Protection and Privacy Law in Turkey Key Developments and Predictions - 2022

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

Life Sciences Law in Turkey Key Developments and Predictions - 2022

Life Sciences Law in Turkey Key Developments and Predictions - 2022

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

Trademark Law in Turkey Key Developments and Predictions - 2022

Trademark Law in Turkey Key Developments and Predictions - 2022

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 - 2022

Patent Law in Turkey Key Developments and Predictions - 2022

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

Media and Advertising Law in Turkey Key Developments and Predictions - 2022

Media and Advertising Law in Turkey Key Developments and Predictions - 2022

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.

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.

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.

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Monthly Newsletters

May 2022

May 2022

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

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Data Controllers’ Registry (VERBIS)

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Data Protection and Privacy || Gün + Partners

According to Article 16 of the Data Protection Law, an obligation to register in the Data Controllers Registry has been introduced for data controllers. In 2018, the Board issued decisions granting exemptions from registration obligation to certain professional groups, associations, and political parties. The Board also granted a general exemption to local data controllers that have less than 50 employees, and actively less than TRY 25 million on their balance sheets. Data co...»

Consequences of Data Breach

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Data Protection and Privacy || Gün + Partners

The Data Protection Law envisages both administrative fines and criminal liability.   With regard to criminal penalties, the Data Protection Law refers to the relevant provisions of the Turkish Criminal Code that detail sanctions for the unlawful recording, or disclosing, or transferring of personal data. In addition to criminal sanctions, the Data Protection Law also contains provisions detailing administrative fines that are to be applied in the event of a breach. There are...»

Judicial Review of Board Decisions

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Data Protection and Privacy || Gün + Partners

The Data Protection Law does not include an explicit provision concerning the appeal process of Board decisions imposing administrative fines; however, it is accepted that criminal courts of peace are the authorized courts pursuant to Law No. 5326 on Misdemeanours dated 30/3/2005 since the title of Article 18 of the Data Protection Law is “Misdemeanours,” and administrative fines are issued as per Article 18 of the Data Protection Law. Having this in mind, decisions imposing ...»

Planned Amendments to the Data Protection Law

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Data Protection and Privacy || Gün + Partners

Processing Sensitive Personal Data Proposed amendments to the Data Protection Law, which have been drafted by the DPA and which introduce some modifications to certain disputed provisions of the Data Protection Law, have been presented for the related institutions and organisation’s consideration. Articles proposed to be amended are Article 6, regulating the legal grounds for processing sensitive personal data and Article 9, regulation transfer of personal data abroad. Under ...»

Draft Guidelines on Cookies Applications

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Data Protection and Privacy || Gün + Partners

The DPA prepared draft guidelines (“Guidelines”) on January 11, 2022, explaining cookies and practical advice for data controllers who process personal data through cookies. The  Guidelines was published on the official website of the DPA on January 11, 2022, to gather views on the same. Within the scope of the Guidelines, which is still at the draft stage, cookies in general and their types are regulated. It also categorises cookies based on their timeframe, intended purpose...»

Pharmaceutical Licensing Regulation Harmonized with EU Legislation

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Life Sciences || Dicle Doğan and Beste Turan

The new Regulation on Licensing of the Human Medicinal Products (“Regulation”) prepared by Turkish Medicines and Medical Devices Agency (“Agency”) has entered into force following its publication in the official Gazette numbered 31686 and dated December 11, 2021. The purpose of the Regulation is reflecting processes already existing in the Agency’s practice which were not regulated under the Regulation on Licensing of the Human Medicinal Products dated 2005 (“previous Regulat...»

Guidelines on Licensing Allergen Products Published

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Life Sciences || Dicle Doğan and Beste Turan

On 9 March 2022, the Turkish Medicines and Medical Devices Agency (Agency) published on its official website the Guidelines on Licensing of Allergen Products (Turkish language). The Guidelines were prepared in accordance with the Regulation on Licensing of Human Medicinal Products (Regulation) which was recently published (see Legal update, New Regulation on licensing of medicinal products for human use (Turkey)). The Regulation divided the abridged marketing authorisation ap...»

New Guidelines on Authorisation and Packaging of Homeopathic Medicinal Products

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Dicle Doğan and Fatma Sevde Tan

On 24 December 2021, the Regulation on Licensing of Homeopathic Medicinal Products (Regulation) was published in the Official Gazette. Pursuant to the Regulation, on 15 March 2022 the Medicines and Medical Devices Agency published the Guidelines on Licensing of Homeopathic Medicinal Products (Turkish language) and the Guidelines on Packaging and Product Information, Readability and Tracking of Homeopathic Medicinal Products (Turkish language). The Guidelines regulate the inf...»

How Should Turkish Private Sector Read the 2021 Corruption Index?

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Business Crimes and Anti-Corruption || Asena Aytuğ Keser and Latif Aktaş

The term corruption is often defined as the abuse of entrusted power for private gain. Corruption does not only kill public trust, but also prevents countries from unleashing their potential. Many studies indicate the negative correlation between corruption and sustainable economic growth. Entrepreneurship, investment, and business expansion all depend on transparency and accountability and may only flourish in an environment where corruptive attempts are fought back steadily...»

Amendments on the Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board

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Corporate and M&A and Competition || Begüm Yavuzdoğan Okumuş, Cansu Akbıyıklı and Mehmet Berk Demir

Merger and Acquisitions of 2021 Being 309 merger and acquisition notifications were notified to and reviewed by the Turkish Competition Authority (“TCA”) in 2021. TCA has granted authorization to 277 of them, conditional authorization to 3 of them, and has found that 29 of them are not subject to an authorization at all. It is seen that 37 of the merger and acquisition notifications examined in 2021, were related to the chemical and mining sectors, 32 of them were related to...»

Recent Developments & Turkey’s Position on SEPs: Navigating The Technology-Driven World

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Patent and Utility Models || Özge Atılgan Karakulak and Beste Turan

Standard essential patent (SEP) appears to be the new buzzword of patent law considering the upward trend in patent litigation arising from SEPs. Indeed, the continuous technological advancement supports the creation of SEPs so this trend is likely to continue in the near future. Accordingly, SEPs is a concept arising from the interaction between patent rights, which provide exclusive use of an invention and ‘standards’ aimed at the widespread and mandatory use of this innova...»

Pricing of Pharmaceuticals and the Fixed Exchange Rate

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Life Sciences || Gün + Partners

Pharmaceutical prices in Turkey have always been one of the most controversial issues. The prices of medicines that are to be marketed are set in accordance with the Decision on Pricing of Human Medicinal Products (“Decision”) and the Communiqué on the Pricing of Human Medicinal Products (“Communiqué”) of 29 September 2017, issued by the Ministry of Health (“MoH”), which is vested with the competencies to regulate this area. The Decision provides for a reference pricing syste...»