Insights
Directors’ and Officers Liability Insurance in View of the New Turkish Commercial Code (1)
Ι. Introduction and General Background The use of directors’ and officers’ (“D&O”) liability insurance is relatively new and limited in Turkey. The new and elevated standards on corporate governance rules introduced by the new Turkish Commercial Code {“the TCC”) such as the introduction of universal accounting and auditing standards and rules for increase of transparency is expected to support the operability of liability provisions and lead to increase in demand for… »
New Communiqué On Classification Of Retail Services In Class 35 Enters Into Force
The Turkish Patent Institute (TPI) has introduced an amendment to the Communiqué Concerning the Classification of Trademark Applications (BIK/TPE 2007/2). The new communiqué entered into force on October 19 2011 upon its publication in the Official Gazette. Since 1999, the TPI had not accepted sector-specific identifications in Class 35. Even if the applicant limited the description of the services to a certain sector, the TPI changed the wording to “bringing together a… »
Using Exceptions to the Territoriality Principle in Turkish Trademark Law to Protect Foreign Trademarks Not Registered or Used in Turkey
I. INTRODUCTION The impact of intellectual property rights, in particular trademarks, on the global economy is significant because rapidly developing information technologies have transformed the world into a borderless environment. Trademarks have spurred a growing trust in brand recognition and loyalty among consumers that has, in parallel, propelled the growth in trademark value and the ensuing need for stronger trademark protection among trademark owners. Following the… »
Turkey: Electronic Communication Law In A Nutshell
Introduction The Telegram and Telephone Law dated February 21, 1924 and numbered 406 (the “Law No. 406″) has been the governing regulation with regards to telecommunication activities for more than eighty years and despite the fact that it was subject to substantial amendments after the abolishment of monopoly on telecommunication activities, it failed to fully satisfy the demands of the telecommunication market. On November 10, 2008, the Electronic Communication Law numbered… »
Regulatory Landscape of Data Protection and Artificial Intelligence in Türkiye
1- Major Legal Developments For industry stakeholders, most of the year was spent on implementing the developments from last year into their practice, as the most recent major legal developments came around at the end of 2024. The Personal Data Protection Law (the “Law”) is the main regulatory framework for data privacy in Türkiye. It was ratified in 2016, and the Personal Data Protection Authority (the “DPA”) was established by the Law. In 2024, the Law had some major… »
OneTrust DataGuidance - Employment
Beril Yayla Sapan and Begüm Yavuzdogan Okumuş have contributed to Data Guidance Turkey - Employment, which is published by OneTrust. OneTrus Data Guidance Turkey - Employment provides detailed information on employee privacy and data protection regulations in Turkey, covering key legislation, official guidelines, supervisory authorities, and case law. It outlines the absence of a specific employee privacy law in Turkey but emphasizes the importance of the Personal Data… »
Turkish Court of Cassation Invalidates Motor Oil Trademark Application in Monster Energy Drink Dispute
In a recent decision of the Turkish Court of Cassation (Merit No. 2024/6138, Decision No. 2025/3800), the Court conducted a holistic comparison between a globally renowned energy drink brand and a motor oil brand, examining all aspects, from the similarity of the goods to the colors and figurative elements used in the disputed trademarks. Background The dispute involved, on the one side, the plaintiff’s well-known marks in the energy drinks sector – the word mark “MONSTER… »
From the Perspective of Data Protection and Cybersecurity: Increasing Need for Regulation in Artificial Intelligence
The rapid development of artificial intelligence (AI) technologies and the widespread use of generative artificial intelligence systems also bring the need to regulate artificial intelligence. The steps taken and the issues discussed in European Union member states within the scope of the European Union’s AI Act have also begun to clarify the legal framework applicable to those systems and applications. Despite the lack of any specific regulation applicable to AI in Türkiye… »
Surprise Boxes: Mystery or Risk for Consumers?
In recent years, the concept of “mystery boxes” or “surprise boxes” has become increasingly popular, taking a central place in the marketing strategies of many companies. While the element of surprise and intrigue offered by these products is highly appealing, it also raises various legal questions regarding whether the delivered items actually meet consumer expectations. The Advertisement Board (“Board”), at its meeting dated September 11, 2025, placed on its agenda mystery… »
Turkish Courts Invalidate Trademark for Similarity to Madran Mountain Spring Water
In Turkey, absolute grounds for refusal in trademark registration are regulated under Article 5 of the Industrial Property Code No 6769 (the IP Code). According to Article 5(1)(f) of the IP Code, signs that may mislead the public about matters such as the nature, quality or geographical origin of the goods or services are one of the absolute grounds for refusal, meaning that those signs shall not be registered as trademarks. Background In an opposition proceeding before the… »
Artificial Intelligence and Pharmaceutical Industry: The Transformation in the Technology and Patent System Shaping the Future
Artificial intelligence influences every aspect of our lives and creates revolutionary effects in the pharmaceutical industry as well as in many other sectors. From DeepMind's AlphaGo success to Tempus' personalized approaches to cancer treatment, AI-enabled innovations offer not only scientific achievements, but also wide-ranging advantages such as operational efficiency, cost reduction and risk reduction. However, this technological leap also raises critical questions about… »
Court of Cassation Renders Controversial Decision on Likelihood of Confusion in Dispute Over Pharma Marks
Background A Turkish company operating in the pharmaceutical sector, which owns the registered trademarks BATIKAR and BATISOL in Class 5, filed an infringement action against a pharmaceutical company selling antiseptic disinfectants under the trademark MIRADERM BATIMER. The plaintiff argued that the expression ‘batimer’ was similar to their BATIKAR and BATISOL trademarks, particularly due to the shared ‘bati’ element, and that there was a likelihood of confusion. Decisions In… »