Competition 2017 in Turkey
1. Which transactions are subject to notification to the Turkish Competition Authority under the Turkish merger regime? The Communiqué No. 2010/4 on Mergers and Acquisitions Requiring Authorization of the Competition Authority (“Communiqué No. 2010/4”), entered into force on 01 January 2011, sets out the types of mergers and acquisitions that require notification the Turkish Competition Authority (“the TCA”) for permission and legal validity. Article 5 of Communiqué No.… »
New Regulation on Time Limits for Completion of Legal Proceedings
The Regulation on the Determination and Enforcement of Target Investigation, Prosecution or Trial Periods was published in the Official Gazette (30105) on June 23 2017. It was enforced by the Ministry of Justice and will enter into force on September 1 2017. The regulation sets out the rules and procedures for determining the specific periods in which legal proceedings must be completed, thus ameliorating the judicial process. It applies to investigations, prosecutions and… »
New Energy Drinks Communique Prohibits Sale of Energy Drinks to Under 18s
On June 30 2017 the Ministry of Food, Agriculture and Livestock published the Food Codex Energy Drinks Communique 2017/4 in the Official Gazette (30110). The communique introduces significant amendments to the market supply, advertising, labelling and sale of energy drinks. The communique maintains the same component ratios for energy drinks as the abrogated communique. The supply and advertisement of energy drinks are prohibited in sports facilities, school cafeterias and… »
Analysis on The Corruption Perception in Turkey
Turkey is the 75th least corrupt nation out of 176 countries, according to the 2016 Corruption Perception Index published by Transparency International. This index measures perception of corruption in the public sector, and Turkey was placed as the 13th country in the G20. Although the legal landscape in Turkey regarding anti-corruption and anti-bribery has undergone serious changes in the past two decades, and Turkey has shown considerable efforts to comply its local laws… »
Anti-Counterfeiting 2017 in Turkey
1. Is the Turkish legal infrastructure sufficient for anti-counterfeiting? Yes. Turkey has signed almost all international intellectual property agreements -including TRIPS signed by and between the members of the World Trade Organization which aim to harmonize its legal infrastructure targeting anti-counterfeiting and fighting the illicit trade- and has been acting in compliance with the said agreements. As of today; the Industrial Property Law No. 6769, the Law No. 5846 on… »
Competition Law Perspective on The Prohibition of Exports in the Supply of Pharmaceuticals
Update: Investigations open on Roche Müstahzarları San. A.Ş. upon 13th Chamber of the Council of State’s annulment of the Competition Board’s decision no. 10-44/785-262. I. Background The Competition Board (“the Board”) has had the chance to examine the clauses containing restrictions or prohibitions on exports in contracts for the supply of pharmaceuticals put in place by the supplying firms. The complaint filed by Co-Re-Na Pharmacy Warehouse (“Corena”) contained allegations… »
Analysis of the Company Laws – Turkey
International Trust Laws and Analysis, Company Laws, Wealth Management & Tax Planning Strategies provides all the legal, tax, and estate-planning intelligence necessary for professional advisers to recommend among financial centers for their high net wealth clients — as well as the tools to establish and operate trusts, companies, and funds in compliance with all applicable rules and regulations. The full text of the trust laws and links to the company laws of 60… »
Un examen juridique de la modernisation de l’Union Douanière UE- Turquie
Un examen juridique de la modernisation de l’Union Douanière UE- Turquie Des motivations différentes, un objectif commun L’union douanière (« UD ») adoptée par la décision 1/95 de Conseil d’Association CE-Turquie du 22 Décembre 1995 est la source de droit principale gouvernant le commerce bilatéral entre la Turquie et l’Union Européenne (UE). Elle est l’un des tout premiers exemples d’un accord commercial bilatéral conclu par l’UE avec un Etat non-membre. L’UD unifie les… »
Proposed Changes to Copyright Law
The Turkish Intellectual and Artistic Works Law No 5846 (the Copyright Law) is the law regulating copyright protection in Turkey. Law 5846 was first enacted in 1951. It has been amended several times in 1995, 2001 and more recently in 2004 to comply with the requirements of international treaties. Since November 2016, a Draft Law has been prepared amending Law 5846 and the Turkish Ministry of Culture and Tourism has recently published the Draft Law, including the proposed… »
New code of conduct for trademark attorneys enters into force
The Turkish Patent and Trademark Office recently published the Regulation on the Code of Conduct and Discipline of Patent Attorneys and Trademark Attorneys, with the aim of regulating: the rules and procedures applicable to the conduct of patent and trademark attorneys; l the Disciplinary Board of Patent and Trademark Attorneys; the methods to be used to detect acts requiring a disciplinary penalty; and other disciplinary issues. In Turkey, the rules on patent and trademark… »
Life Sciences Newsletter, June 2017
New system for medical devices launchedDicle Doğan and Merve Çimen, Gün + Partners >On 2 June 2017, the Turkish Medicines and Medical Devices Agency announced a new electronic system for registration of medical devices (and cosmetic products) in Turkey. The new system, called the Product Tracking System (UTS), replaces the Turkish Pharmaceutical and Medical Device National Information Database (TITUBB) and as of 12 June 2017, companies have started to use the new system… »
The Regulation on the Code of Conduct and Discipline of the Turkish Patent and Trademark Office
The Turkish Patent and Trademark Office has published the Regulation on the Code of Conduct and Discipline of Patent and Trademark Attorneys on May 17, 2017. Up to now, there has been no regulation directly referring to Code of Conduct and discipline of Patent and Trademark Attorneys. The rules for the attorneys were firstly regulated by the Law of the Establishment and Functions of Turkish Patent Institute no. 5000 dated November 06, 2003; however this law used to regulate… »