Insights
Significant Amendments to the Administrative Jurisdiction Procedure Law
The Law Amending the Criminal Procedure Code and Certain Other Laws No. 7331 (“Law No. 7331”) -known as the 4th Judicial Reform Package - which entered into force by publication in the Official Gazette dated July 14, 2021, significantly reduced the time limits foreseen in the Administrative Jurisdiction Procedure Law No. 2577 (“Law No. 2577”) in terms of the administrative authorities in the application procedures before filing of administrative actions. Accordingly: As per… »
Medical Device Regulation Has Been Published
Medical Device Regulation (“Regulation”) has been published in the Official Gazette numbered 31499 on 2 June 2020. With the Regulation prepared in accordance with the EU Medical Device Regulation numbered 2017/745 (“MDR”), it is aimed to provide a safer use for manufacturers and medical device users with a transparent and sustainable system. In this context; new noteworthy provisions are the definition of a medical device, classification of products, distance sales… »
Using Foreign Currency Loans from a Group Company as an Alternative Financing Source
The data of the Central Bank of the Republic of Turkey indicate that the private sector’s loan debt from abroad and short-term loan debt in general, excluding commercial loans, have reached a level that will cause economic uneasiness. Due to economic fluctuations and the following pandemic, the financing needs of companies are increasing day by day. Companies may need to increase their capital in order to meet these financing needs, to evaluate their idle resources and to… »
Changes in Anti-Money Laundering Legislation in the First Half of 2021
The first six months of 2021 have witnessed significant amendments to the legislation on the prevention of money laundering and financing of terrorism. In fact, this trend started by the end of 2020. The Law on the Prevention of the Financing of the Proliferation of Weapons of Mass Destruction No. 7262 was published in the Official Gazette on December 31, 2020, and introduced substantial changes to numerous legislation such as the Turkish Commercial Code, the Law on Cheques… »
Warning Letters: More Trouble, Less Solution!
Sending a warning letter is not a pre-condition to enforce patent rights as per Turkish Law. However, considering it is a cost-effective and fast way to solve disputes, patent owners may choose to send warning letters to perceived infringers. In 2014, a global pharmaceutical company filed a patent infringement action against a Gx company asking the IP Court to request and examine the related evidence; namely, the marketing authorisation dossier of the Gx drug filed before the… »
Influencer Marketing Practices in Turkey
“The Guideline on Commercial Advertisement and Unfair Commercial Practices Conducted by Social Media Influencers” (“Guideline”), which was adopted by Advertisement Board (“Board”) as per its decision numbered 2021/2 and dated 4 May 2021, is preliminary and substantial legislation regarding social media influencer’s advertising activities. Nevertheless, the Board imposed several sanctions on the social media influencers prior to the Guideline on the grounds of the dispositions… »
Does Technical Function Impede Copyright ?
Background The dispute is based on the claim that appearance features of Brompton Bicycles, which have been produced and sold in the same form since 1987 by the Designer SI and Brompton Bicycle Limited Company and can be adjusted to three different positions (folded, unfolded and stand-by) are copied in the production of ‘Chedech Bicycles’ by Get2Get, thus infringing the copyright in the Brompton Bicycle. The dispute commenced at the local level before the Belgian Court… »
Data Protection Officer Within the Scope of the Personal Data Protection Law and the GDPR
Data protection officer (“DPO”) is a concept regulated under the General Data Protection Regulation (“GDPR”), which came into force in May 2018 in the European Union. The purpose of regulation of the DPO is to appoint a person who will be responsible for monitoring compliance of data controllers with data protection legislation. The GDPR imposes an obligation to appoint a data protection officer on data controllers who meet a number of criteria as well as regulates the duties… »
Overview of the Turkish Court of Cassation’s Decisions on Pharmaceutical Trade Marks in 2020
The Turkish Court of Cassation (the CoC) issued several decisions regarding pharmaceutical trade marks during 2020. This paper aims to provide the details of the CoC’s several finalized decisions on pharmaceutical trade marks and to remark on their importance. Samumed v Sanimed Decision No: 2020/273 K.., 1 January 2020 A trade mark application SAMUMED covering all goods in class 5 was filed before the Turkish Patent and Trademark Office (the Office) and was rejected upon a… »
Terms of Termination Ban and Unilateral Unpaid Leave Have Been Extended Once Again - April 2021
Termination ban and unilateral unpaid leave came into force for the first time with the Law on Minimizing the Impacts of the New Coronavirus (COVID-19) Outbreak on Economic and Social Life and the Amendment of Certain Laws (7244) (“the Amendment Law”) published in the Official Gazette (31102) on 17 April 2020. With the Amendment Law, termination of all employment contracts, regardless of being under the scope of the Turkish Labour Act or not, were prohibited for three months… »
The Guideline on Commercial Advertisement and Unfair Commercial Practices Conducted by Social Media Influencers Has Been Published
“The Guideline on Commercial Advertisement and Unfair Commercial Practices Conducted by Social Media Influencers” (“Guideline”), which was prepared based on Consumer Protection Law numbered 6502 (“Consumer Protection Law”) to serve as basis for commercial advertisements and unfair commercial practices run by Social Media Influencers has been enacted by Advertisement Board and entered into force as per its decision numbered 2021/2 and dated 4 May 2021. Pursuant to the… »
Ex-parte Preliminary Injunction Granted Against a Generic Product on Market
The Istanbul Civil Court for Intellectual and Industrial Rights (IP court) has granted an ex-parte preliminary injunction (PI) against a marketed generic product. As per the PI decision, the price of the original product has been reinstated and the generic product has been removed from the reimbursement list of the Social Security Institution (SSI). Background Although the IP court issued the PI decision in a fairly short period of time, the patent holder's fight to protect… »