Postponed Articles of the Turkish Code of Obligations Concerning Workplaces Have Entered Into Force
Although the Turkish Code of Obligations No. 6098 ("TCO") entered into force on 1 July 2012; with Article 53 of the Law on Amendment of Certain Laws and Decree Laws dated July 4, 2012 and numbered 6353, enforcement of Articles 323, 325, 331, 340, 342, 343, 344, 346 and 354 of the TCO (“Postponed Articles”) has been postponed for 8 years as of 1 July 2012 for workplace lease agreements where the lessee is a merchant in the scope of the Turkish Commercial Code ("TCC") or a… »
Discovery of Evidence and Preliminary Injunction Demands During COVID-19
Co-published An IP court has accepted the discovery of evidence demand made by an originator company against a generic pharmaceutical company after the court’s expert panel confirmed that patent infringement had occurred, but has then rejected the originator’s request for a preliminary injunction due to the so-called ‘Bolar’ exemption. Facts An originator company filed a discovery of evidence request with a preliminary injunction demand against a generic company that… »
Web-based Scientific Meetings of Medical Device Companies
Dicle Doğan and Fatma Sevde Tan, Gun & Partners On 11 June 2020, the Turkish Medicines and Medical Devices Agency published new guidelines (Turkish language) on scientific meetings and educational activities regarding medical devices. The guidelines, which were updated by an amendment made on 27 April 2020, state that in terms of scientific web-based meetings, only meetings that last more than one day should be notified. This is further to the existing rules, which do not… »
Analysing the Relationship Between AI and Copyright Law
Artificial intelligence (AI), which does not yet have a solid definition, can generally be described as “the ability of a digital computer or computer controlled robot to perform tasks commonly associated with intelligent beings.” AI systems have started to play a part in our daily life and today they carry out crucial roles for human beings. For instance, BlueDot’s AI system was among the first in the world to identify the emerging risk from COVID-19. AI also creates music… »
COVID-19: Restrictions on Promoting Medicines Lifted
On 19 March 2020, in accordance with general social distancing precautions established by the Turkish government as a result of COVID-19, the Medicines and Medical Devices Agency prohibited product promotion representatives from making physical visits, allowing promotional activities of product promotion representatives to take place only via electronical means. However, due to the "normalization process" in Turkey that has begun due to the decreasing number of new COVID-19… »
Terms of Termination Prohibition, Unilateral Unpaid Leave and Short-Time Working Allowance Have Been Extended
With two very recent Presidential Decrees[1] published in the Official Gazette dated 30 June 2020 and numbered 31171, the terms of termination prohibition and unilateral unpaid leave, which were to expire by 17 July 2020, have been extended until 17 August 2020, and the term set out for the short-time working allowance granted in scope of COVID-19 has been extended for one month. Extension of the term of termination prohibition and unilateral unpaid leave With the… »
Impacts of Covid-19 on Intellectual Property in Turkey
Impacts of Covid-19 on intellectual property in Turkey Has the intellectual property office/IP Registry of your jurisdiction taken any measures due to Covid-19 and government/state actions to prevent spread of the virus? The Turkish Patent and Trademark Office (TurkPatent) is open and active. According to the Presidential Circular No 2020/4, published in the Repeated Official Gazette dated 22 March 2020 and numbered 31076, it has been decided that the number of personnel… »
Influencer Marketing in Turkey
Influencer marketing through social media influencers has reached to giant growth in advertising area. Brands including global and local ones cooperate with social media influencers for advertisings of their brands, goods and services because social media influencers are very capable of directing the consumers’ buying habits into certain brands via the presentations, recommendations and compliments they make. In Turkey, there are no specific laws relating to advertising… »
“Inventing” in COVID-19 Environment and Key Local/ International Developments
The COVID-19 pandemic has driven mankind to question sufficiency and sustainability of business models, social and moral norms, and Law-practices, which cannot be separated from society and its needs. Due to the ongoing pandemic basic need of survival and the need to access the means such as ventilation machines, masks, goggles and most importantly pharmaceuticals, is at its climax, as well as the need for an invention is at its most. Everyone agrees that an invention will… »
Privacy Law: A Global Legal Perspective on Data Protection Relating to Advertising and Marketing, Turkey Chapter
A global legal compendium of the laws related to privacy law and data protection relating to advertising and marketing in 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. »
What Does Unfair Price Assessment Board Brings to Turkish Law?
During Covid-19 outbreak some businesses exorbitantly increased the prices of masks, disinfectants, colognes, wet wipes and foodstuff in contrast with the normal functioning of the market. This caused these entities taking unfair advantage because of the negative impact of the coronavirus on consumers and this exorbitant increase of prices started negatively affecting the usual purchasing behavior of the consumers. Unfair Price Assessment Board has recently been established… »
“New Normal” After COVID-19 - Immunity Certificates
We are in new era with the affect of Covid 19 and we feel it all over the world. Incentives and aid packages offered in efforts to reduce the negative impact of the crisis on countrys’ economies during this period, many ideas are proposed to provide smooth return to normal life and revive the economy as soon as possible. Issuance of immunity certificates has been on the agenda of some countries to certify persons deemed safe to return to normal life. In this respect, it is… »