Insights
Restrictions on Dividend Distribution Extended to 31 December 2020
Within the scope of the fight against the Covid-19, the provisional article 13, which was added to the Turkish Commercial Code ("TCC") on April 16, 2020, brought some restrictions on the dividend distribution rights of equity companies until 30 September 2020 and the exemptions regarding the companies covered by the regulation, the procedures and principles in relation to the practice were determined by the Communiqué issued by the Ministry of Commerce ("Ministry") and… »
COVID-19: Declarations of Conformity for Medical Devices Valid Only if Issued by Manufacturers
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 1 July 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) stating that declarations of conformity for medical devices issued by organisations other than manufacturers have no validity. Declarations of conformity can only be issued by manufacturers. Products classified under the Turkish Medical Devices Regulation as Class I (non-sterile and non-measuring) products and under the… »
Amendments to the Law No: 5651 Concerning Social Media
The law amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (the “Law No: 5651”) was accepted by the Turkish Grand National Assembly on July 29, 2020 and published in the Official Gazette on 31 July 2020. These amendments, which have been on the agenda for a long time and known as social media regulations, bring fundamental changes. New provisions have been added to the Law No. 5651. Essentially… »
District Court Upholds Foreign Mark Owner’s Opposition Based on ‘Genuine Right Ownership’ Ground
Cummins Inc opposed the registration of the mark GENUINE PARTS on the ground of ‘genuine right ownership’ The District Court ruled that Cummins had genuine rights in the mark due to its registrations in the European Union and the United States As the applicant and Cummins operated in the same field of business, the application had been filed in bad faith Background The principle of ‘genuine right ownership’, which is regulated by Article 6/3 of the Turkish Intellectual… »
COVID-19: Update on Clinical Research Precautions
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 25 July 2020, the Turkish Medicines and Medical Devices Agency published an update to its announcement titled Precautions to be taken in Clinical Research due to the COVID-19 pandemic (Turkish language) that was originally published on 20 March 2020. The update reflects feedback collected from the industry. The updated announcement states the following: Applications to conduct online meetings between research personnel… »
Discovery of Evidence and Preliminary Injunction Demands During COVID-19
Co-published An IP court has accepted the discovery of evidence demand made by an originator company against a generic pharmaceutical company after the court’s expert panel confirmed that patent infringement had occurred, but has then rejected the originator’s request for a preliminary injunction due to the so-called ‘Bolar’ exemption. Facts An originator company filed a discovery of evidence request with a preliminary injunction demand against a generic company that… »
COVID-19 Impact on Trademarks
Having affected the whole world, Covid 19 pandemic also had an impact on trademark law as the other areas of law. When considered in detail, it can be seen that trademark law is affected in various aspects by the Covid 19 pandemic. As a matter of fact, one of the most apparent examples of this impact is that the number of trademark applications related to the Covid 19 period has risen, although the number of trademark applications in total has decreased. Worldwide known… »
How Did COVID-19 Impact Employers in Turkey?
Closures Certain sectors were temporarily closed, by administrative order, ceasing all business operations. Those businesses that remained open introduced several workplace practices in order to minimise the risk of transmission, in line with their occupational health and safety obligations, which have been heightened in current circumstances. Governmental facilities granted to employers The Governmental authorities provided a prohibition on the termination of employment for… »
Turkish Court of Appeal Considers Mandatory Mediation Requirement in Disputes Containing Both Monetary and Nonmonetary Claims
Mediation became mandatory for monetary-related commercial disputes from 1 January 2019, but the practical impact of this change had remained unclear Based on a recent Court of Appeal decision, it appears that monetary and non-monetary claims can be filed together without going through mandatory mediation This decision is significant in view of the high number of IP-related cases that include both types of claim Background Mediation became mandatory for monetary-related… »
Influencer Marketing in Turkey
Influencer marketing through social media influencers has reached to giant growth in advertising area. Brands including global and local ones cooperate with social media influencers for advertisings of their brands, goods and services because social media influencers are very capable of directing the consumers’ buying habits into certain brands via the presentations, recommendations and compliments they make. In Turkey, there are no specific laws relating to advertising… »
Terms of Termination Prohibition, Unilateral Unpaid Leave and Short-Time Working Allowance Have Been Extended
With two very recent Presidential Decrees[1] published in the Official Gazette dated 30 June 2020 and numbered 31171, the terms of termination prohibition and unilateral unpaid leave, which were to expire by 17 July 2020, have been extended until 17 August 2020, and the term set out for the short-time working allowance granted in scope of COVID-19 has been extended for one month. Extension of the term of termination prohibition and unilateral unpaid leave With the… »
COVID-19: Restrictions on Promoting Medicines Lifted
On 19 March 2020, in accordance with general social distancing precautions established by the Turkish government as a result of COVID-19, the Medicines and Medical Devices Agency prohibited product promotion representatives from making physical visits, allowing promotional activities of product promotion representatives to take place only via electronical means. However, due to the "normalization process" in Turkey that has begun due to the decreasing number of new COVID-19… »