Born in Elazığ on the east of Turkey, Saim Dursun, depicts, with the warm liveliness of light and color on his spatula, the true Anatolian picture uncovering the strong willpower of Turkish people and their joy of life despite hardship. Painter Saim Dursun passed away in August 13, 2021 at the age of 62.
Substantial Amendments to the Regulation on Distance Contracts
Several amendments were made to the Law on the Protection of the Consumer (the “Law”) on April 1, 2022, most of which will come into force on October 1, 2022. We have evaluated the amendments made to the Law comprehensively.[1] In line with those amendments, substantial additions and amendments were also made in the Regulation on Distance Contracts (the “Regulation”) as published in the Official Gazette dated August 23, 2022 and numbered 31932. Many of the amendments to the…
Draft Guideline on Processing Genetic Data
The Personal Data Protection Authority (the “DPA”) published the Draft Guideline on the Issues for Consideration about Processing of Genetic Data (the “Draft Guideline”) on August 24, 2022. The DPA indicated the importance of genetic data and emphasized that the information acquired by processing genetic data, which is data of special nature as per Law on Protection of Personal Data (“DPL”), is extremely sensitive and might have results that can affect the entire society. For…
How to File an Individual Application with Constitutional Court
Introduction According to article 45 of the Code on Establishment and Procedure Rules of the Constitutional Court (No. 6216) (the Code), anyone can apply to the Constitutional Court on the grounds that their fundamental rights and freedoms – protected under the Turkish Constitution, the European Convention on Human Rights and any additional protocols to which Turkey is a party – have been violated by public force. Any and all administrative and judicial remedies regarding the…
Advertisement Containing Blurred Images of Rivals’ Products is Banned
The Advertisement Board rendered an important decision regarding comparative advertising practice on August 9, 2022. The decision pertains to the advertisement published in the catalogue offered to consumers monthly by a globally-known cosmetics and fragrance company which compared two of its fragrances with the products of two world-famous fragrance brands. The advertisement published in the catalogue of the advertiser regarding its products contains the expressions of “It…
A Milestone Decision on the Patentability of Second Medical Use Claims
As per the EPC definition, a substance or composition that is already known to have been used in a “first medical use” may still be patentable for any second or further use, provided that said use is novel and inventive. Even though the first medical use was the subject of patent protection within the EPC 1973, this convention did not regulate that the substance could be subject to a patent in different medical uses (second/further medical use). While there was no regulation…
Recent Legal Updates Regarding NFTs First Preliminary Injunction Regarding NFTs Issued by a Court in Turkey
Non-Fungible Tokens (NFTs), which are among the hottest topics as of 2021 are discussed at court decisions in various jurisdictions, and similarly in Turkey, Istanbul 3rd Civil Intellectual Property Court (“IP Court”) rendered a preliminary injunction regarding NFTs on June 21, 2022. The subject of the dispute pertains to exploitation of the portrait of the late Cem Karaca, who is an artist, songwriter and composer with a legendary reputation in Anatolian Rock music. In the…