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Insights

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

Localization of Imported Products

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Following the announcement of the Structural Transformation Program Action Plan for Healthcare Industries on 7 November 2014, Turkey commenced adopting measures to localize the production of a substantial number of pharmaceutical products sold in Turkey. On 10 December 2015, the 64th Government announced the 2016 Action Plan (64th Government Action Plan), which included a statement that measures would be taken to prioritize domestically produced medical supplies and medical… »

Commercialisation of Healthcare 2021 in Turkey

A Q&A guide to the commercialisation of healthcare in Turkey. This Q&A provides an overview of the regulatory framework for the commercialisation of medical products in Turkey. It covers the key requirements for manufacturing, marketing and advertising medicines, medical devices, biological products and natural health products. Medicines 1.What is the definition of medicine (or equivalent) in your jurisdiction? Under the Law on Pharmaceuticals and Medical Preparations… »

New Guidelines Published For Promoting Medical Devices

On 12 February 2021, the Turkish Medicines and Medical Devices Agency published new guidelines (Turkish language) for the implementation of regulation on sales, advertising and promotion of medical devices. The new guidelines introduce detailed provisions on implementing some of the significant amendments that were made to the Regulation on Sales, Advertising and Promotion of Medical Devices on 2 September 2020. Under the guidelines, in addition to advertising and promotional… »

Developments on Signature Specimen and Signature Circular

Amendments Related to Signature Specimen The Amending Law Related to the Technology Development Zones and Certain Other Laws (the "Law No. 7263") was published in the Official Gazette on February 3, 2021 and entered into force on the same date. Article 22 of the Law No. 7263 amended Article 40 of the Turkish Commercial Code with respect to issue of signature specimen. In this regard, the amendment provides that signature samples of real person merchants and authorized… »

Arbitration Proceedings Regarding Determination of Reasonable Amount for Employee’s Invention

In 2020, an arbitration judgment was held in accordance with the ISTAC serial arbitration procedure regarding the compensation request for employee invention and, as far as it is known, this is the first and pilot file in which the Regulation on Employee Inventions, Inventions in Higher Education Institutions and Public Funded Projects, will determine the price tariff for employees’ inventions and the arbitration procedure to be followed in case of dispute. Within the scope… »

Declaration of Use and Compulsory License

The new IP Law (the “Law”) numbered 6769 abolished the provisions on “The use requirement of patents,” and “The evidence of use” of the Decree Law Pertaining to the Protection of Patent Rights. The Law now focuses on the requirements of use for patents within the provision of a Compulsory License. Accordingly, a patent owner must make use of the patented invention within three years following publication of its granted decision in the Official Bulletin (‘the Bulletin’), or… »

Does Likelihood of Confusion Exist Based on a Common Weak Element?

The Turkish Court of Cassation (‘CoC’) upheld lower court decisions which ruled in favour of cancelling the Turkish Patent and Trademark Office’s (‘Office’) Re-Examination and Evaluation Board’s (‘Higher Board’) decision for invalidation of the ‘Mazstar’ trademark on the basis of likelihood of confusion with the plaintiff’s trademarks bearing the common element ‘Star’. Dispute Background The defendant filed an application before the Office for ‘MAZSTAR’ in classes 29 and 30.… »

A Look at Brand Enforcement During the COVID-19 Pandemic

Turkey’s first official diagnosis of COVID-19 was announced on March 11 2020. Since then, the country has experienced lockdowns, quarantines, travel bans and limited access to public services at various levels, depending on the progress of the pandemic. There were months where the legal and administrative bodies’ effectiveness was inversely proportional with the curve of pandemic, which affected all governmental agencies. Incidentally, brand enforcement activities were also… »

Constitutional Court’s Recent Decision Regarding Inspection on Employee E-mails

Constitutional Court’s decision of 12 January 2021 concerning the application no. 2018/31036[1] discusses, once again, employer inspection on employees’ corporate e-mail accounts and the terminations relying on the collected correspondences, in scope of the right to protection of personal data and freedom of communication. In the said decision, the Constitutional Court found no violation as to the right to protection of personal data and freedom of communication, since the… »

Compensation Claims Arising out of Distribution Agreements under Turkish Law

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Introduction As a sui generis agreement under Turkish law, distribution agreement mainly contains the characteristics of a sales and purchase agreement; however, it also differs from the same since the distributor's role is not limited to simply purchasing the products from the supplier/principal and selling them to customers or end-users. Instead, in a distribution agreement, the distributor is incorporated into the distribution chain of the supplier with having the right… »

List of Compassionate Use Programs Has Been Published

Compassionate Use Programs are designed for patients who have a serious or urgent, life-threatening disease whose treatment has been unsuccessful with available medicinal products licensed by the Turkish Medicines and Medical Devices Agency (“Agency”) in Turkey and who cannot be included in the clinical trials on this subject. The Compassionate Use Program aims to provide the drug, which is not licensed in Turkey, but licensed or not in other countries, by the company that… »

Dealing With Social Media Influencers

Based on statistics of a global research Turkey is among the 15 countries with the longest time of both daily internet usage and social media usage. In 2021 there were 54 million social media users in Turkey; equal to 64 percent of the country's population. Influencer marketing through social media influencers has achieved giant growth in the advertising sector. Brands, including global and local ones, cooperate with social media influencers to advertising their brands… »

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