Insights
The Electrolux - BSH Decision of the CJEU: The Next Step for Jurisdiction in European and Global Patent Infringement Cases
On February 25, 2025, the Court of Justice of the European Union (CJEU) rendered a groundbreaking judgment in the patent infringement case between BSH Hausgeräte GmbH and Electrolux AB, marking a significant ruling not only in Europe but worldwide. This decision is expected to pave the way for the expansion of jurisdiction in patent cases in EU member states and increase competition among courts in the international arena. The dispute was brought before the CJEU as a… »
Amendments to the Insurance Agencies Regulation
The Regulation Amending the Insurance Agencies Regulation (the “Amendment Regulation”) was published in the Official Gazette on January 22, 2025, and has entered into force on the same date. The Regulation, which introduces significant provisions for insurance agencies, includes noteworthy updates particularly regarding minimum capital requirements, technical personnel qualifications, and operational obligations. The key highlights of the Amendment Regulation are as… »
Insurance Litigation 2025 in Turkey
Preliminary and jurisdictional considerations in insurance litigation Fora In what fora are insurance disputes litigated? In the Turkish judicial system, in principle, 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. Insurance disputes to which a consumer is a party are heard by consumer courts. If a… »
Protection of Personal Data In Turkiye – General Approach
The primary regulation on the protection of personal data in Turkiye is the Personal Data Protection Law No. 6698 (“Law”), which came into force in 2016. Based on the European Council Data Protection Directive 95/46/EC, the Law has been influenced by the provisions of the European Union General Data Protection Regulation (“GDPR”) and its implementation is shaped by both the GDPR and the decisions of European data protection authorities. The Law adopts similar objectives and… »
Judicial Review of Board Decisions
Pursuant to the Law, the Board has the authority to impose administrative sanctions. It has been regulated that the Board may impose administrative fines for non-compliance with the obligation of disclosure, obligations related to data security, failure to comply with the decisions issued by the Board, violations of the obligation to register and notify the Data Controllers’ Registry, or non-compliance with the notification obligation regarding standard contracts. In addition… »
Data Breach and Its Consequences
The Law requires data controllers to notify the Board and the data subject as soon as possible after becoming aware of the data breach. In its decision dated January 24, 2019 and numbered 2019/19 ("Decision"), the Board clarified the rules and procedures to be followed in data breach cases. The Board adopted the approach of the GDPR in terms of the timing of breach notifications and explained that the phrase "as soon as possible" in the Law must be interpreted as within 72… »
Cookies
Cookies play a crucial role in personalizing and improving the user experience in the digital world. Although the use of cookies contributes greatly to personalizing the internet experience and remembering users’ online preferences, this process has also raised various privacy and data protection concerns. One of the biggest concerns regarding the processing of personal data through cookies is that users are often unaware of this process or that sufficient transparency is not… »
Cross-Border Transfer of Personal Data
Prior to the Amendment Law, personal data could mostly be transferred abroad with the explicit consent of the data subject, as the other legal grounds specified in the legislation were either not available or not applicable. Since the Law's enactment in 2016, the fact that the Board had not yet established a list of countries providing adequate protection had significantly limited and complicated the practice of cross-border data transfer. This situation made obtaining… »
Processing of Special Categories of Personal Data
In the Law, special categories of personal data are defined in a limited manner as data related to a person’s race, ethnic origin, political opinions, philosophical beliefs, religion, sect, or other beliefs, attire, membership in associations, foundations, or trade unions, health, sexual life, criminal convictions, security measures, as well as biometric and genetic data. Before the enactment of the Amendment Law, the processing of special categories of personal data under… »
Market Availability of Products and Parallel Trade
The export of products that are produced for and imported to the Turkish market after being introduced to the market may restrict patients’ access to treatment. Additionally, pharmaceutical products that are purchased at prices significantly lower than those in many other countries and then exported can influence the market prices in other countries. In this context, the Circular No. 2014/11 on the Availability of Pharmaceutical Products in the Market prepared by the Agency… »
Patent and Trademark Office almost loses authority to revoke trademarks – before it even gets a chance to use it (1)
Within the context of the entry into force of Article 26 of the Industrial Property Code, there have been heated discussions as to whether the administrative revocation of trademarks is constitutional An IP court applied to the Constitutional Court to annul the office’s authority to revoke trademarks before the office was able to use such authority The Constitutional Court rejected the application due to the court's lack of jurisdiction and did not examine the… »
Higher Board corrects implementation of goods and services limitations in landmark decision
The Higher Board recognised that stricter conditions apply to the limitation of goods and services for national applications compared to international applications filed via WIPO The limitation applications rejected by the Trademarks Department were in accordance with the law and should have been accepted The decision emphasises that parties should be encouraged to resolve disputes through amicable agreements Background The Trademarks Department of the Patent and Trademark… »