Insights

Thought Leadership

COVID-19 HUB

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.

Patent Law in Turkey Key Developments and Predictions - 2021

Patent Law in Turkey Key Developments and Predictions - 2021

We focus on the key aspects of patent litigation in Turkey, and the most important or challenging issues in Turkish Patent Law.

Commercial Dispute Resolution Under Turkish Law Rules, Developments and Insights - 2020

Commercial Dispute Resolution Under Turkish Law Rules, Developments and Insights - 2020

We focus on the four main topics of commercial dispute resolution under Turkish law, and the most important and challenging issues in commercial dispute resolution under Turkish law.

Patent Law in Turkey Key Developments and Predictions - 2020

Patent Law in Turkey Key Developments and Predictions - 2020

We focus on the key aspects of patent litigation in Turkey, and the most important or challenging issues in Turkish Patent Law.

Trademark Law in Turkey Key Developments and Predictions - 2020

Trademark Law in Turkey Key Developments and Predictions - 2020

We focus on the eight main challenges encountered in the interpretation and implementation of key changes introduced by the IP Code.

Copyright Law in Turkey Key Development and Predictions

Copyright Law in Turkey Key Development and Predictions

In the report, we outline seven controversial issues that we often encounter in Turkish copyright Law.

Life Sciences Law in Turkey Key Developments and Predictions - 2020

Life Sciences Law in Turkey Key Developments and Predictions - 2020

We focus on the key aspects of life sciences in Turkey, the most important and challenging issues in Turkey’s life sciences industry.

Media and Advertising Law in Turkey Key Developments and Predictions - 2020

Media and Advertising Law in Turkey Key Developments and Predictions - 2020

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.

Data Protection and Privacy Law in Turkey Key Developments and Predictions

Data Protection and Privacy Law in Turkey Key Developments and Predictions

We focus on the key aspects of data privacy matters and developments in Turkey, and the most important or challenging issues regarding the same.

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Monthly Newsletters

February 2021

February 2021

We are pleased to publish our monthly newsletters to update our community and clients about legal developments in Turkey.

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Recent Developments About the Commercial Electronic Message Management System (“IYS”)

Articles -
Data Protection and Privacy || Begüm Yavuzdoğan Okumuş, Selin Başaran Savuran and Yalçın Umut Talay

By the amendments made to the Regulation on Commercial Communication and Commercial Electronic Messages ("Regulation") on January 4, 2020, a Commercial Electronic Message Management System ("IYS") was created that allows receiving commercial electronic message approval, the use of the right to refuse, and the management of complaint processes and service providers intending to send commercial electronic messages were obliged to register with the IYS and upload the approvals t...»

Life Sciences 2021 in Turkey

Articles -
Life Sciences || Özge Atılgan Karakulak and Dicle Doğan

ORGANISATION AND FINANCING OF HEALTHCAREOrganisationHow is healthcare in your jurisdiction organised?The healthcare system is governed principally by the Fundamental Law on Healthcare Services No. 3,359 , which furnishes the Ministry of Health (MoH) with the authority to issue healthcare-related regulations and establish a healthcare system enabling each and every person living in Turkey to have equal and equitable access to the healthcare system. The regulatory authority is ...»

Global Patent Litigation 2021, Turkey Chapter

Guides -
Patent and Utility Models || Özge Atılgan Karakulak, Selin Sinem Erciyas and Zeynep Çağla Üstün

(1) APPLICABLE LAWS     1. The Industrial Property Code No. 6769 (the IP Code), which was prepared by the Turkish Patent and Trademark Office (the Office), is the main legislation in Turkey codifying all kinds of IP rights in Turkey. The IP Code which has abolished previous IP related Decree-Laws entered into force on 10 January 2017 upon publication in the Official Gazette.     2. The IP Code regulates all IP rights in a single code. It is divided into five chapters, and the...»

Constitutional Court's Recent Decision on Reviewing Employees’ Corporate E-Mails by Employers

Articles -
Employment || Pelin Baysal, Beril Yayla Sapan and Kardelen Özden

Reviewing employees’ corporate e-mail addresses by employers and relying on any findings collected during the inspection in a potential termination has been a controversial issue in terms of protection of personal data and privacy. The Constitutional Court rendered two decisions within the last four years regarding the right to privacy and privacy of communication aspects of the matter. Both decisions particularly elaborate on information of employees. Constitutional Court's ...»

New Regulation on Processing of Personal Data in Electronic Communication Sector Has Been Published

Articles -
Data Protection and Privacy || Begüm Yavuzdoğan Okumuş, Selin Başaran Savuran and Yalçın Umut Talay

The New Regulation on Processing of Personal Data and Protection of Privacy in the Electronic Communication Sector (the "Regulation") published in the Official Gazette on December 4, 2020 will come into force as of June 4, 2021. The Regulation sets forth procedures and principles applicable to the operators in  in the electronic communication sector with respect to data (including personal data and data related to legal person subscriptions) which they collect within the scop...»

A Battle to Benefit from EPC 138/3

Articles -
Patent and Utility Models || Selin Sinem Erciyas, Aysel Korkmaz Yatkın and Aysu Eryaşar

The IP Law of Turkey prohibits any kind of amendment/limitation of claims or patent documents after the patent has been granted. The only exceptions to this rule are the amendment/limitations made by the patentee during the national post-grant opposition phase, which was introduced to Turkish law in 2017. As per the introduction of a national post-grant opposition procedure, the Law also prohibits any ruling to be made in a revocation action against a national patent, while t...»

IP in Business Transactions 2020 in Turkey

Guides -
Trademarks and Designs, Patent and Utility Models, Corporate and M&A, Technology, Media and Telecom and Competition || Özge Atılgan Karakulak, Hande Hançar, Filiz Toprak Esin and Begüm Yavuzdoğan Okumuş

A guide to intellectual property law in Turkey. The IP in business transactions Q&A gives an overview of maintaining an IP portfolio, exploiting an IP portfolio through assignment and licensing, taking security over IPRs, IP and M&A transactions, and the impact of IP on key areas such as competition law, employees and tax. Overview of main IPRs 1. Give a brief overview of the main IPRs in your jurisdiction and how they are protected. Patents Patents are grante...»

Patents, Trade Marks, Copyright and Designs 2020 in Turkey

Guides -
Trademarks and Designs and Patent and Utility Models || Uğur Aktekin, Selin Sinem Erciyas, Güldeniz Doğan Alkan and Zeynep Seda Alhas

A guide to intellectual property law in Turkey. The Main IPRs Q&A gives an overview of the protection and enforcement of the following IPRs: patents, trade marks, registered designs, unregistered designs, copyright and confidential information. Patents 1. What are the legal requirements to obtain a patent? The applicant must prove the following to obtain a patent: Inventive step. Industrial application. (Article 82/1, Industrial Property Code (IPC).) 2. What...»

A New Era for Domain Names Under the ‘.tr’ Extension

Articles -
IP Prosecution || Pınar Arıkan

Registering and managing ‘.tr’ domain names was previously carried out by Nic TR, but will now be performed by the ITCA The long-awaited TRABIS system, which replaces the Nic TR system, is expected to become effective in the near future In contrast to the old system, the new system allows domain name sales transactions Background Since 1998 and until recently, Nic TR, under the Middle East Technical University, had been responsible for the registration and management of ‘....»

New Code of Civil Procedure Extends Deadlines in Patent Litigation

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Patent and Utility Models || Selin Sinem Erciyas, Aysel Korkmaz Yatkın and Aysu Eryaşar

The “Code on the Amendment of the Code of Civil Procedure and of Some Other Laws” entered into force in Turkey recently. This Code focusses on the principle of procedural economy and acceleration of the judicial process. One of the Code’s amendments important for patent law practice concerns the extension of the legal period in which to submit statements challenging court expert reports. This amendment to Article 281 of the Code of Civil Procedure (“CCP”) stipulates that the ...»

Guidelines on Non-Clinical Evaluation of Vaccines

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Life Sciences || Dicle Doğan and Fatma Sevde Tan

On 6 October 2020, the Turkish Medicines and Medical Devices Agency published Guidelines on Non-Clinical Evaluation of Human Vaccines (Turkish language) to provide guidance on vaccine development procedures. The guidelines regulate non-clinical evaluations and obtaining appropriate results from them, which are prerequisites for initiating clinical trials on a vaccine candidate. Non-clinical evaluation refers to all in vivo and in vitro tests performed before and during the cl...»

Guidelines on Named Patient Programme Amended

Articles -
Life Sciences || Dicle Doğan and Fatma Sevde Tan

The Amended Guidelines on Named Patient Program (“Guidelines”) has been published by the Turkish Medicines and Medical Devices Agency (“Agency”) on September 25, 2020. The Guidelines explains the procedure on the supply from abroad of drugs that are not authorized in Turkey and/or not available on the Turkish market due to various reasons. This Guidelines was first published in 2014, amended in 2015 and 2017, and finally published in its most current version on September 25, ...»