Personal Data Protection Board Decisions on Commercial Electronic Messages
Along with the progress in information technologies, the fact that even the smallest daily needs are met through electronic commerce has resulted in the advertisement and marketing of goods and services mainly through telecommunication networks. With the effect of the Covid-19 pandemic, the sales of goods and services in electronic environment, which have reached a serious potential in recent years, have also caused an increase in the personal data processing activities of… »
New Guidelines on Named Patient Program was Published
The pharmaceuticals not authorized in Turkey or those not available in the market, despite being authorized, shall be procured from abroad upon the request of a physician and special authorization in cases where patients require such pharmaceuticals. Until recently, this exceptional import regime for pharmaceuticals was regulated by the Guidelines on the Supply of Pharmaceuticals from Abroad published by the Turkish Medicines and Medical Devices Agency ("TİTCK"). In line with… »
Turkish MDR and IVDR Amended
On 2 April 2023, regulations amending the Turkish Medical Device Regulation (Turkish language) and the Turkish In Vitro Medical Device Regulation (Turkish language) were published in the Official Gazette numbered 32151. They amend he transitional provisions stipulated in the which was published in the Official Gazette numbered 31499 to be in line with the transitional provisions applicable to Regulation (EU) 2017/745 (MDR) and Regulation (EU) 2017/746 (IVDR). The… »
Communiqué on Electronic Instructions For Use of Medical Devices Published (Turkey)
On 6 April 2023, the Turkish Medicines and Medical Devices Agency (Agency) published a new Communiqué on Electronic Instructions for Use of Medical Devices (Turkish language) (Communiqué) in the Official Gazette numbered 32155. The Communiqué replaced the version dated 2 April 2015 numbered 29314 and entered into force on the day of its publication. The Communiqué has been updated in line with Implementing Regulation (EU) 2021/2226 of 14 December 2021 laying down rules for… »
A Glance at the Concept of Plagiarism
Although plagiarism is not clearly defined in Law No. 5846 on Intellectual and Artistic Works (LIAW), it is one of the most common acts of infringement. Plagiarism, which is defined as “pilferage” by the Turkish Language Association under the law on intellectual and artistic works, is used to “present someone else’s work as your own, taking a piece from someone else’s work without citing the source”. While there is no definition for plagiarism, “Freedom of quotation” is… »
The Protection of Cinematographic Works in Türkiye
LIAW which entered into force in 1952, has been amended in 1995, 2001, 2004, 2006, 2008, 2012, and 2014. The amendments in 1995 and 2001 were major amendments which changed the legal regime for rights to cinematographic works and created legal uncertainty as to the ownership and protection term for rights to cinematographic works. The initial text of the LIAW (dated 1952) recognized the Producer of a cinematographic work as the author and provided for a protection term of 20… »
Non-Fungible Tokens (“NFTs”) and Copyright Law
NFTs have been one of the most popular topics for copyright law during 2022. Discussions were widely held about whether NFTs could be considered copyrightable works, whether purchase of an NFT grants authorship rights to the buyer, which formal requirements are relevant for a valid copyright assignment for an NFT, and which particular rights associated with copyright could be infringed by unauthorized use. Although we are yet to see legislation concerning these issues, many… »
Artificial Intelligence (AI) and Copyright
AI-generated works of art and their ownership and enforcement of related rights have remained among the most controversial issues in copyright law around the world as we entered 2023. As in many fields, AI has begun to play a direct role in the legal industry. Indeed, the media eagerly followed the hearing in which an AI application developed by the company DoNotPay in the United States (US) was introduced as "the first robot lawyer" in the press that can provide legal… »
New Turkish Domain Name System Creates a Situation in Need of Resolution
Nic.tr (.tr Domain Name Management), which was established under the auspices of Middle East Technical University, has been managing .tr domain names and dispute resolution processes related to these domain names since 1991. However, under Article 35 of Law No. 5809 on Electronic Communications and the Internet Domain Names Regulation, TRABIS (.tr Network Information System), established by the Information and Communication Technologies Authority, became operational on… »
What’s New In The Amended E-Commerce Law For IP
Law No. 7416, amending E-Commerce Law, came into effect on 1 January 2023, and a comprehensive change has been made to Article 9, titled "obligations of intermediary service providers", including the title of the provision. Following this change, the title of Article 9 was changed to "illegal content". According to this article, unless there is a contrary provision in other laws, the general principle is that the intermediary service provider is not responsible for the… »
Publishing Rights in Online Use
Digital technologies continue to transform the way creative content is produced, distributed and accessed, and one of the most affected sectors is the printed publication industry. To illustrate, the results of an EU Commission 2021 survey[1] revealed that 72% of internet users aged 16 to 74 in the EU access newspapers and magazines online. The increasing importance of the Internet in the sharing of intellectual works necessitates legislative regulations that are compatible… »
Creative and Innovative Women on the Stage on World Intellectual Property Day!
World Intellectual Property Day is celebrated every year to raise awareness on intellectual property on 26 April which is the establishment date of the World Intellectual Property Organization (WIPO) and this year’s theme is creative and innovative women. The importance of gender equality is apparent in the field of intellectual property, as it is in every field. Throughout history, women made undeniable contributions to science, art and technology despite all difficulties… »