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Insights

We share our knowledge and expertise to update our community and clients about legal developments in Turkey.

Guideline on Named Patient Programme Updated

On 23 October 2021, the Turkish Medicines and Medical Devices Agency (the Agency) published its amended guideline on the named patient programme (Turkish language) (guideline). The most important amendments concern the bodies authorised to supply foreign drugs and the countries from which products can be supplied. The range of bodies authorised to supply foreign drugs has been broadened, and now in addition to the International Health Services (USHAŞ), Turkish Pharmacist… »

Changes to the Enforcement and Bankruptcy Law under the 5th Judicial Reform Package

The Law Amending the Enforcement and Bankruptcy Law and Certain Other Laws No. 7343 (“Amendment Law”), known as the 5th Judicial Reform Package, which entered into force upon publication in the Official Gazette (31675) dated November 30th, 2021, introduced several important changes to the Enforcement and Bankruptcy Law No. 2004 (“Law No. 2004”), as well as Turkish Civil Law No. 4721 and Child Protection Law No. 5395. Several new arrangements particularly stand out, such as i)… »

IP Court Rules on Red Bull’s Colour Marks in an Infringement Claim

Red Bull, the leading manufacturer and pioneer for energy drinks, encounters many trademarks, designs and trade dresses attempting to gain unfair advantage of Red Bull’s tremendous reputation worldwide. Turkey is one market where Red Bull is the leader, so there has been a significant number of sales and market awareness. Therefore, the Turkish market is monitored carefully for infringing products, and brand protection strategy is applied properly by Red Bull. In mid-2020… »

Sweepstakes & Contests: A Global Legal Perspective Second Edition - Turkey Chapter

The Global Advertising Lawyers Alliance (“GALA”) releases the second edition of “Sweepstakes & Contests: A Global Legal Perspective” book on  OCT 2021. The book consist of a global legal compendium of the laws related to sweepstakes & contests in 70+ countries around the globe. Turkey chapter of the book was prepared by Hande Hançar and Baran… »

Appeal Court Issues Significant Decision on Jurisdiction in Case of Online Infringement

The Regional Court of Appeal has held that, in case of online infringement of a registered trademark, the owner of the trademark may initiate a court action against the infringer anywhere in Turkey.Background The claimant, a foreign company which owned registered trademark rights in Turkey, was suffering from the defendant’s infringing acts and initiated a trademark infringement action. Article 156 of the Turkish IP Code, entitled “Commissioned and competent court”, states… »

Directors & Officers Liability Insurance Gains More Importance Day by Day

Equity companies have enabled large investments and projects yet also caused company executives and managers to take great responsibilities and to be liable against the company, shareholders, and creditors for any losses incurred due to their faulty or negligent actions that may arise during the company management. Such responsibility leads to serious losses as a result of both board members and managers’ faulty or negligent actions and therefore makes them hesitate to manage… »

How to Protect Color Marks in Turkey

The introduction of Industrial Property Code No. 6769 (IP Code) in Turkey in 2017 changed the definition of a trademark and explicitly listed colors as one of the signs that can be registered as trademarks using international color codes. But practice is showing that some color marks are easier to register than others. Registering single color marks can be more difficult, which can also be the case when it comes to enforcing them. Even before the legislative change… »

District Court in Turkey Rules on Preliminary Injunction Assessments

Objectively, preliminary injunction decisions play a key role for the IP right holder particularly for patent holders to be dealt by Intellectual and Industrial Property Rights (IP courts) in an urgent matter due to the super technicality nature of such cases, commercial reasons, time pressure, etc. The preliminary injunction, which appears as a way out in cases where the definitive protection is not sufficient and a temporary legal protection is needed, can be requested… »

World Intellectual Property Rights and Remedies 2021, Turkey Chapter

World Intellectual Property Rights and Remedies features analysis and commentary by leading practitioners on key intellectual property legislation from jurisdictions throughout Europe, Latin America, and Asia, as well as English translations of key intellectual property legislation from non-English-speaking jurisdictions. Each chapter clearly describes the nuances of local practice regarding how to register and protect copyrights, patents, trade, and service marks. Find… »

An Overview of Vaccination and PCR Testing Policies at Workplaces

With wide-scale use of COVID-19 vaccines all around the world, vaccination and PCR testing policies at workplaces have become a hot topic both for employers and employees. Although there has not been any legislative activity yet, the Ministry of Labor and Social Security issued a general letter to guide the workplaces about the possible vaccination and PCR testing policies to be adopted, which has left questions whether employers could require mandatory vaccination or regular… »

Regulation on Hearings Through Video and Audio Transmission

Introduction Law 7251 on the Amendment of the Civil Procedure Code and Certain Laws entered into force upon publication in the Official Gazette (31199) on 28 July 2020. Article 17 of the Law 7251 amended Article 149 of the Civil Procedure Code (“CPC”) 6100 to allow courts to conduct remote hearings through video and audio transmission either upon the parties' request or ex officio under certain circumstances. The amendment further provided that the principles and procedures… »

Guideline on Biosimilar Medicinal Products Has Been Updated

Biological Medicinal Products are characterized as products that their active ingredient or ingredients are produced from a biological source or products that are homogenized from a biological source. Biosimilar Medicinal Products, however, are human medicinal products that demonstrate high level of similarity to a licensed biological reference medicinal product and their licencing procedures are executed by the Regulation on Licencing of Human Medicinal Products (the… »

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