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Thought Leadership
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
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
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
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
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
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.
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.
With the bill known as ‘law against disinformation’, there are several provisions specifically related to the Law on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (“Law No. 5651”) and the Press Law. The amendment proposals related to the Law No. 5651 and the Press Law have been on the agenda for a while of the publication of the bill.
In addition to these issues discussed widely, with the bill, ‘over the top’ (OTT) services ...»
In the cancellation action filed by the Turkish Pharmacist Union against some of the provisions of the Alternative Reimbursement Regulation (“Regulation”), the 10th Chamber of the Council of State decided to annul the attacked provisions of the Regulation on the ground that the Regulation was issued by the Social Security Institute (“SSI”) without obtaining prior opinion of the Ministry of Health. Upon the service of the court decision to SSI, due to the requirement to comply...»
On 15 June 2022, the Regulation on Pharmaceutical Warehouses and Products Available in Pharmaceutical Warehouses (Turkish language) (Regulation) was published in the Official Gazette numbered 31867. The Regulation abrogated the prior regulation dated 20 October 1999 and is now in line with Directive 2001/83/EC on medicinal products for human use.
Pharmaceutical warehouses are defined as establishments where one or all of the activities of procurement, storage, sale, distribut...»
On 30 May 2022, the Turkish Medicines and Medical Devices Agency (Agency) published an announcement (Turkish language) on its official website, stating that a draft Communiqué on the Instructions for Use in Electronic Form for Medical Devices (Draft) has been prepared and asked stakeholders to provide feedback on the Draft.
As part of Turkey's alignment process with EU law, the Draft has been prepared in accordance with Commission Implementing Regulation (EU) 2021/2226 laying...»
On 8 July 2022, the Regulation on Medical Device Clinical Trials (Turkish language) (Regulation) was published in the Official Gazette numbered 31890, repealing the former regulation dated 6 September 2014. The Regulation, which came into force on its day of publication, introduces amendments to ensure clinical trials comply with the Turkish Medical Device Regulation.
The Regulation sets rules in connection with the functionality date of the European Database on Medical Devi...»
On 8 July 2022, the Decision Amending the Decision on Pricing of Medicinal Products for Human Use (Turkish language) was published on the Official Gazette numbered 31890. The Decision on Pricing of Medicinal Products for Human Use (Decision) is the legislation which set the rules on pricing of the human medicinal products.
The amendments to the Decision include:
An increase in pharmacist profit rates to be applied when determining the retail sale price of the products.
A new...»
On 6 July 2022, amendments (Turkish language) made by the Turkish Medicines and Medical Devices Agency to the Regulation on Clinical Trials of Medicines and Biological Products were published in the Official Gazette numbered 31888.
The amendments:
Introduce new provisions regarding the clinical trial application procedure, exceptional trials and the Agency's authority to obtain scientific opinion from a scientific consultancy committee while evaluating clinical trial applica...»
There previously used to be delays in the notifi cation of documents to applicants due to their failure to inform the offi ce ofaddress changes
A provision was added to the IP Code in order to fi nd a solution to the issue of serving documents to rights holders
All documents that could not be served due to an address change have now started to be served via publication through an Official Bulletin
In the past, there used to be delays in the notifi cation of documents to app...»
In recent years, developments in digitalization have started to make crucial impacts on many fields, including intellectual property, from creation to monetization and enforcement levels. Brand owners and brand protection professionals are heeding updates in artificial intelligence (AI) and blockchain-based technologies such as smart contracts, metaverses and non-fungible tokens (NFTs), with total market trading volume of approximately $12.13 billion only for the first quarte...»
Release agreements that concern employee receivables from employers are subject to certain formal requirements under article 420 of the Code of Obligation No. 6098 (TCO). In this regard, the following conditions must be met:
release agreements that concern employee receivables from employers must be executed in writing;
at the date of release, at least one month must pass from the date of the termination of employment;
the type and amount of the receivable subject to release...»
Regulation on Commercial Advertising and Unfair Commercial Practices (“Regulation”) was amended in a way to include new measures and rules to regulate advertisements containing misleading price information and to protect consumers against unfair commercial practices. The amendments were enacted on February 1, 2022 and entered into force on March 1, 2022.
According to new rules enacted in the Regulation; additional measures were implemented to protect consumers against adverti...»
Introduction
Indefinite-term employment agreements can be terminated by complying with notice periods, unless either party has a just cause for termination.
Article 27 of the Labour Law regulates the right for employees to seek new employment during their notice periods:
Within the notice periods, the employer is obliged to grant the employee the leave to seek new employment within the work hours and without making any salary deduction. Time of the leave to seek new employmen...»
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