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Insights

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

Advertising Bans on Social Network Providers in Turkey

The law amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts ("Internet Law") known as Social Media Law in Turkey and the implementing regulation introduced new provisions and obligations regarding social network providers and their obligations in the second half of 2020. As per the cited amendments "Social Network Provider" was legally defined as real or legal persons that enable users to create, view… »

Product List For Compassionate Use Programme Published

On 31 December 2020, the Medicines and Medical Devices Agency published the 2021 list of the products to be supplied through Compassionate Use Programme (Turkish language). In the published list, products are referred to by the sponsor firm, the firm that supplies the product, required diagnosis, active ingredient of the product and the maximum number of patients to whom the product can be delivered. The updated list can be followed from the website of the Agency. »

Renewal of EC Certificates After Brexit

On 15 January 2021, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) on the deactivation of Product Tracking System registrations of notified bodies located in the UK following the end of the UK-EU transition period. The registrations were deactivated on the date of the publication of the announcement, although affected medical device companies will have a 60-day period to update the system with valid EC certificates (issued by the… »

Who Would Enjoy Broccoli for the Meal?

In its recent decision dated 10th of November 2020 and numbered 2020/1626, the Advertisement Board, confirmed once again, its strict and tight scrutiny conducted over advertisements intended for children. The advertisement and promotions for the brand-new “Cry Babies” dolls as well as the cartoon movie named “Cry Babies Magic Tears” which was based on these baby doll characters were found to be violating the principles for the protection of children by the Advertisement… »

Ambush Marketing 2021 in Turkey

Hande Hançar and Baran Güney has contributed to the Turkey chapter of Ambush Marketing: A Global Legal Perspective book which is published by Global Advertising Lawyers Alliance (GALA) in January 2021. Description A global legal compendium of the laws related to ambush marketing in approximately 70 countries around the globe. Written by members of the Global Advertising Lawyers Alliance (GALA) a network of the leading advertising lawyers in the world. Executive… »

Amendments to the Communiqué with respect to Capital Loss and Negative Equity

The Communiqué Amending the Communiqué on the Procedures and Principles Regarding Implementation of Article 376 of the Turkish Commercial Code No. 6102 (the "Amending Communiqué”) was published in the Official Gazette on December 26, 2020, and entered into force on the same date. Article 376 of the Turkish Commercial Code (the “TCC”), which is also known as the provision for technical bankruptcy, provides mandatory measures to be taken by companies in the event of capital… »

Amendments to the Turkish Commercial Code

The Law on the Prevention of the Financing of the Proliferation of Weapons of Mass Destruction No. 7262 (the “Law No. 7262”) was published in the Official Gazette No. 31351 on December 31, 2020. Although the Law in general sets forth the principles related to implementation of the sanctions of the United Nations Security Council regarding prevention of financing of proliferation of weapons of mass destruction, the same legislation also introduces certain amendments to the… »

First Precautionary Injunction Granted in Turkey to Prevent Indirectuse of a Drug Patent

Much to rights holders’ dismay, Article 141 of the Turkish IP Code 6769, which lists acts that constitute patent infringement, does not include actions constituting indirect infringement. However, a provision in Article 86 does give patentees a right to prevent indirect use. This is similar to provisions in Article 60(2) of the UK Patents Act (1977) and Part 10 of the German Patent Law. Article 86, titled as ‘Prevention of the indirect use of the invention’, states that: The… »

Advertising Bans on Social Network Providers in Turkey and Next Steps

The new provisions concerning social network providers which were brought by the Law Amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts, as also referred to as the Social Media Law in Turkey, entered into force on October 01, 2020. The new obligations and sanctions introduced for social network providers have remained a hot topic since the latest amendments to the Law No. 5651. Most recently, on… »

Changes to Minimum Wage, Severance Payments and Administrative Fines for 2021

At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. On 1 January 2021 the changes for 2021 came into effect. Minimum wage In 2020 the monthly minimum wage rate was TL2,943 (gross). As of 1 January 2021, this has increased to TL3,577.50 (gross). The new rate applies from 1 January 2021 to 31 December 2021. The minimum wage applies to all employees, regardless of age, industry and experience. The… »

Court of Appeals Finds Likelihood of Confusion Between Short Marks in Surprising Decision

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In a somewhat controversial decision (Case 2019/5262 E, 2020/3449 K, 2 July 2020, recently published), the Court of Appeals(11 Chamber) has considered the likelihood of confusion between short trademarks. Background The case was led before the Ankara Second IP Court (Merits No 2017/139 E, 2017/411 K) by a famous clothing company, Koton Mağazacılık Tekstil Sanayi ve Ticaret Anonim Şirketi (‘Koton’), the owner of the distinctive logo depicted below: Koton requested the… »

Are Mutual Termination Agreements Covered by the COVID-19-Related Termination Prohibition?

Government bodies have introduced progressive measures and restrictions to minimise the COVID-19 pandemic's negative impact on employment and sustain employment relationships. One of the most significant arrangements in this respect is the termination prohibition. However, mutual termination agreements have become a point of contention in light of this prohibition as they are unregulated under Turkish law. Termination prohibition On 17 April 2020 the Law on Minimising the… »

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