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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.
Former Regulations Concerning FX Prohibition
The Presidential Executive Decree numbered 85 and dated 12 September 2018 (the “Decree”) prohibits the private and public residents in Turkey from agreeing their payment obligations in or indexed to foreign currencies in contracts between them concerning sale and purchase of movable and immovable, all kinds of lease and rentals of movables or immovable including vehicle leases and financial leases, employment, service and commissio...»
As stated in our “Thought Leadership” document published in 2021, AI-created works of art and the notion of ownership and enforcement within copyright law are controversial issues worldwide.
Although there has been no new court decision or legislative regulation that could answer these questions in our country or around the world during the past year, the decision of The Review Board of the United States Copyright Office (“Board”) dated February 14, 2022[1], which includes ev...»
One of the most violated rights on the internet is copyright, and nowadays, works such as music, movies and cartoons are published by third parties on various websites, social media accounts, video watching and file-sharing platforms without the owners’ permission. In fact, recently, the unauthorised sharing of cartoons by famous cartoonists on specific internet sites and the legal actions initiated by the authors of these works have created quite a stir; and the issue of leg...»
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 clear...»
The author or the owner of a work is entitled to claim compensation in the case of violation of economic and moral rights arising from the ownership of the work protected under Law No. 5846, the Intellectual and Artistic Works (the “LIAW”), in addition to other legal remedies.
Article 70 of the LIAW regulates compensation that may be claimed based on violation of economic and moral rights, separately. Accordingly, the author whose moral rights have been infringed, is entitle...»
The General Assembly of the Civil Court of Cassation (GACoC) made important determinations with its decision dated 16.01.2020 and numbered E. 2019 / 11-474, K. 2020/26, concerning the scope of the ordering party’s use of the work created within on-demand work agreements, and whether a separate contract is required for the transfer of the economic rights of the author in terms of related uses.
In this case, the plaintiff was working as the purchasing manager in the defendant c...»
The Consumer Protection Law No. 6502 has been amended by the Law No. 7392 which was published in the Official Gazette on 01.04.2022. The amendments introduced into the Consumer Protection Law include wide range of major changes regarding commercial advertisements, the sanctions to be applied by Advertisement Board, distance sales contracts, e-commerce, refurbished and re-sold products, authorized service and special services within the scope of after-sales services.
As per th...»
According to Article 38 of the Turkish Constitution, findings that are acquired unlawfully cannot be used as evidence. In this respect, using personal data as evidence in disputes requires a legal assessment on whether the personal data is collected lawfully or not. In principle, evidence that are obtained unlawfully shall not be allowed in legal proceedings.
As known, the main legislation related to protection of personal data is the Turkish Personal Data Protection Law No. ...»
The question of whether appearance features of utilitarian objects with technical functions can benefit from copyright protection has become a debated issue in recent years, and it has also started to find a place in the decisions of the Court of Justice of the European Union (CJEU). In the decision of the CJEU, dated June 11, 2020, and numbered C-833/18, it was evaluated how appearance features of products with technical functions can benefit from copyright protection.
The d...»
On April 7, 2016, a new law on the protection of personal data came into force in Turkey: The Law on the Protection of Personal Data numbered 6698 (“Data Protection Law”). It is the first law of its kind in Turkey, specifically regulating the protection of personal data.
The Data Protection Law is a step towards harmonizing Turkish legislation with EU legislation, and it was prepared based on Directive 95/46/EC on data protection (“Data Protection Directive”). The Data Protec...»
The Data Protection Law applies to data controllers who process and transfer personal data. In the situation where data controllers utilise the services of third-party data processors for these processes, the law holds them jointly liable for taking all of the technical and administrative measures required to ensure the safeguarding of personal data and to prevent any unlawful access or processing.
The Data Protection Law does not envisage the scope of its application in term...»
Processing Personal Data
Personal data can be processed based on the below specified legal grounds:
If explicit consent of the data subject is obtained;
If processing is clearly proposed under the laws;
If processing is mandatory for the protection of life, or to prevent the physical injury of a person, in cases where that person cannot express consent, or whose consent is legally invalid due to physical disabilities;
If processing is necessary for and directly related to th...»
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