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Thought Leadership

Copyright Law in Turkey Key Development and Predictions 2022

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

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

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

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

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

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.

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.

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.

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Monthly Newsletters

June 2022

June 2022

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

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Remarks On 2021 Corruption Perceptions Index

Articles -
Business Crimes and Anti-Corruption || Asena Aytuğ Keser and Latif Aktaş

Transparency International, a non-governmental organization combatting corruption worldwide, released the 2022 Corruption Perceptions Index (“CPI”) on January 25, 2021. As a composite indicator, the Index combines various sources to measure the perceptions of businesspeople and country experts, on corruption in the public sector. Accordingly, it ranks 180 countries/territories by their perceived level of public sector corruption on a scale from 0 (highly corrupt) to 100 (very...»

Istanbul IP Court Reaches Landmark Decision on Precautionary Injunction

Articles -
Patent and Utility Models || Selin Sinem Erciyas and Zeynep Çağla Üstün

The trigger point and the timing of a request for a precautionary injunction (PI) is crucial. However, in pharmaceutical patent enforcement, most damage occurs from the launch of the Gx product, which can account for a price cut of as much as 40% from the originator’s drug. Therefore, the PI must be filed and granted before the Gx launches, yet while there is sufficient proof available to overcome the so-called Bolar exemption hurdle. The PI filing date serves this aim, becau...»

Insurance Litigation 2022 in Turkey

Guides -
Insurance and Reinsurance || Aysel Korkmaz Yatkın, Görkem Bilgin, Asena Aytuğ Keser and Edanur Atlı

Fora In what fora are insurance disputes litigated? In the Turkish judicial system, insurance disputes are resolved by the commercial courts, irrespective of the amount or value of the dispute. On the other hand, insurance disputes arising out of maritime law are heard by a specialised commercial court. If a province has no specialised court or any other regular commercial court, disputes are heard by the general competent court, namely a civil court of first instance. T...»

Removal of Products From Named Patient Programme List

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

The Turkish named patient programme (NPP) is an exceptional importation regime for pharmaceutical products. Following a 5 December 2018 amendment to Law No 984 on Commercial Pharmaceutical Warehouses and Shops that Sell Poisonous Chemical Substances Used in Arts and Agriculture (Law on Warehouses), it is mandatory to apply for marketing authorisation within three years of a drug's inclusion on the NPP list. It is also mandatory to obtain marketing authorisation within two yea...»

New Regulation on Licensing of Medicinal Products For Human Use

Articles -
Life Sciences || Dicle Doğan and Beste Turan

The Turkish Medicines and Medical Devices Agency has published a new regulation on Licensing of Medicinal Products for Human Use in the Official Gazette (Turkish language) numbered 31686 of 11 December 2021. This Regulation introduces new provisions that amount to a comprehensive amendment of the abolished Regulation of the same name. The noteworthy new provisions of the Regulation are as follows: In the definitions section of the Regulation, some of the concepts are defined...»

The Long - Awaited Amendments in Turkish Data Protection Law

Articles -
Data Protection and Privacy || Begüm Yavuzdoğan Okumuş and Direnç Bada

The Turkish data protection authority, Kişisel Verileri Koruma Kurumu, has proposed amendments to the most controversial provisions of the Law on Personal Data Protection numbered 6698. The provisions have been heavily criticized by academia and business circles due to their inapplicability and inadequacy to meet needs. The amendments were actually part of the Economic Reforms, and specific tasks were introduced under the Economic Reforms to comply with the EU General Data Pr...»

Life Sciences 2022 in Turkey

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

How 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 the MoH and its subsidiaries. The MoH is responsibl...»

Updates on NPP Products in Turkey

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

The Turkish Medicines and Medical Devices Agency ("Agency") published the new Guidelines for Drug Supply and Use from Abroad ("Guidelines") on 23 October 2021. The Guidelines regulate the procedure of drug supply from abroad for drugs that are not authorized in Turkey or authorized but not available in the market for various reasons. The Guidelines were first published in 2014, updated in 2015, 2017, and 2020 and finally, the final version was published on 23 October 2021. Th...»

Madrid e-Filing Now Available to Applicants in Turkey

Articles -
Trademarks and Designs and IP Prosecution || Uğur Aktekin and Pınar Arıkan

As a result of the cooperation between the Turkish Patent and Trademark Office (TURKPATENT) and WIPO,Turkey has taken its place among thecountries that enable applicants to file their international trademark applications directly through the Madrid e-Filing service. Before this change, the MM2 form - the application form for the registration of international trademark applications - had to be filled in manually and submitted to TURKPATENT via the EPATS - TURKPATENT’s electron...»

Failure to Send Information Message by SMS or Email Regarding E-Notification Will Not Affect Term or Validity

Articles -
Dispute Management || Beril Yayla Sapan, Asena Aytuğ Keser and Edanur Atlı

Background The amendments made in Notification Law 7201 in 2019 expanded the scope of persons notified by e-notifications to include: public institutions and organisations; lawyers; notaries; experts; and mediators. Following this development, the Regulation on Notification via Electronic Means came into force in 2019. Both the Notification Law and the Regulation on Notification via Electronic Means provide that "the electronic notifications are deemed to have been served b...»

Permanent Injunction on the Infringing Pharmaceutical Products on the NPP List

Articles -
Patent and Utility Models and Life Sciences || Aysel Korkmaz Yatkın and Fatma Sevde Tan

Pharmaceutical products that are not licenced in Turkey and/or licenced but not have been made available to the market  can be supplied by Turkish Pharmacists’ Association, Social Security Agency (SSA) and institutions and organizations that are deemed suitable for foreign drug supply by the Turkish Medicines and Medical Devices Agency (“Agency”) (“Foreign Drug Suppliers”) as per to the provisions of the Guideline on Drug Supply and Use from Abroad (“Guideline”). Pursuant to ...»

Advertisement Board and Hygienic Products Ads

Articles -
Technology, Media and Telecom || Hande Hançar and Baran Güney

The advertisements and promotions pertaining to hygiene and health care products have increased in number in parallel with the necessities arising due to the COVID-19 pandemic. The advertisement types subject to special regulations of relevant legislation, including testimonial and comparative advertising practices, have been exercised. The diversity in the advertisements and promotions has been reflected in the decisions of the Advertisement Board and the fundamental notions...»