Insights
New Minimum Capital Requirements in Turkey: Impact on Joint Stock and LLCs
With the Presidential Decree numbered 7887 and published in the Official Gazette dated 25 November 2023 and numbered 32380, it has been decided to increase the minimum capital amount for joint stock and limited liability companies by 5 times. According to this regulation, as of 1 January 2024, the new minimum capital amounts will be as follows: Minimum Capital Amount According to the Previous Legislation Minimum Capital Amount According to the New… »
Is Alternative Dispute Resolution Effective Enough for “.tr” Domain Names?
This article discusses the alternative dispute resolution mechanism for ".tr" domain names in Türkiye. It highlights the efficiency of the alternative dispute resolution mechanism and addresses some concerns over the transparency of proceedings. TRABIS (".tr" Network Information System), established by the Turkish Information and Communication Technologies Authority ("BTK"), became operational on September 14, 2022 and undertook the management of ".tr" domain names. Upon… »
Guideline on Scientific Meetings on Medical Devices Updated
On 22 August 2023, the Turkish Medicines and Medical Devices Agency (Agency) announced an updated Guideline on Scientific Meetings and Educational Activities to be Held in Accordance with the Regulation on Sales, Advertising and Promotion of Medical Devices (Turkish language) (Guideline) on its official website. The Guideline replaced the previous version dated 15 November 2022. The Guideline was updated shortly after the revision made to the Regulation on Sales, Advertising… »
Healthcare Regulation 2024 in Turkey
1. Organisation, financing and structure of the healthcare system Organisation How is healthcare in your jurisdiction organised? What is the role of government? The healthcare system is governed principally by the Fundamental Law on Healthcare Services No. 3359 and dated 15 May 1987, 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… »
Turkey - Cookies & Similar Technologies
Begüm Yavuzdoğan Okumuş, Yalçın Umut Talay and Seda Öztürk have contributed to Data Guidance Turkey - Cookies & Similar Technologies, which is published by OneTrust. OneTrus Data Guidance Turkey - Cookies & Similar Technologies provides comprehensive guidance on the legal framework, regulatory authority guidance, definitions, consent management, and cookie information requirements concerning the use of cookies and similar technologies in Turkey. The guidance stresses… »
Turkey - Data Transfers
Begüm Yavuzdoğan Okumuş has contributed to Data Guidance Turkey - Data Transfers, which is published by OneTrust. OneTrus Data Guidance Turkey - Data Transfers provides an overview of the legal framework governing personal data protection in Turkey, focusing on legislation, case law, definitions, scope of application, and restrictions on data transfer. The document highlights the evolving regulatory landscape in Turkey, emphasizing the importance of compliance with data… »
Payment Calculation Method For Journalist Severance Has Changed
Introduction Law No. 5953 on Arrangement of Relations Between Employers and Employees in the Field of Press (Press Labour Law) sets out the terms and conditions of employment of journalists. Article 6 of the Press Labour Law regulates journalists' entitlement to severance payment and termination of their employment contracts by employers. According to the former wording of the referred article, journalists with at least five years of professional service were entitled to… »
Does the Appeal Period for an Application For Legal Remedy Begin Upon Announcement of the Constitution
Background Under Turkish law, the time period for an application for legal remedies (appeal and cassation) against court decisions begins, in principle, once the parties have been notified of the decision. However, some laws stipulate that the time period begins from the announcement of the decision by the court to the parties present at the hearing. The courts of first instance usually only announce a summary of the judgment at the decision hearing. The courts provide their… »
Guidelines For Withdrawal and Recall of Medical Devices Published
On 19 July 2023, the Medicines and Medical Devices Agency published Guidelines for withdrawal and recall of medical devices and in vitro diagnostic devices (Turkish language) on its official website. The Guidelines regulate the procedures to be implemented to prevent unsafe and non-conforming medical devices from being placed on the market and the responsibilities of the relevant parties pursuant to Law No 7223 on Product Safety and Technical Regulations. In this regard, the… »
Regulation on Technical Services For Medical Devices Published
On 26 May 2023, the Turkish Medicines and Medical Devices Agency (Agency) published the Regulation on Technical Services for Medical Devices Used for Provision of Healthcare Services (Turkish language) (Regulation) in the Official Gazette numbered 32202. The Regulation has been prepared by the Agency to regulate the qualifications, authorisation, supervision and training of technical services that will support activities such as installation, updates, upgrades, modification… »
Regulation on Licensing of Medicines Amended
On 27 May 2023, the Regulation Amending the Regulation on Licensing of Human Medicinal Products (Turkish language) (Regulation) was published in the Official Gazette numbered 32203. With the amended provisions, a new reason for the suspension of the licence has been introduced in connection with licence transfer applications. To avoid suspension, licence holders must submit documentation showing that the production site complies with the Good Manufacturing Practice Guidelines… »
Proof of Bad Faith: The Turkish Court of Cassation Adopts a Surprising Stance
Güldeniz Doğan Alkan and Cansu Evren of Gün + Partners say that a recent ruling raises the question of how many trademarks should be imitated for an act of bad faith to be recognised In a case, the Turkish Civil IP Court decided for the invalidation of a trademark registration identical to the plaintiff’s mark and trade name. The decision noted that: The plaintiff held a registration for the same class in the EU (but not in Turkey) before the trademark at issue; and The… »