Insights
Key Developments and Predictions for Media and Advertising Law in Turkey
In Turkey, the central piece of legislation on advertising law compliance issues is Turkish Consumer Protection Law numbered 6502 (“CPL”), the Regulation on Commercial Advertisements and Unfair Commercial Practices (the “Advertising Regulation”), prepared in line with the CPL and Broadcasting Law No. 6112. Broadcast media advertising is ruled and supervised by the RTUK, which is an autonomous and impartial public legal entity. The RTUK regulates and supervises the radio… »
Coronavirus Support Package Announced on 18 March 2020 and Its Effects on Sectoral Basis
After first seen in December 2019 in Wuhan, China, the coronavirus -which leads to Covid-19 disease- has spread to 192 countries in only three months. The number of confirmed coronavirus cases has exceeded 340,000 globally with the number of deaths exceeding over 14,000 as of 23 March 2020. The first case of coronavirus in Turkey was detected on 11 March 2020. The number of cases in Turkey had increased to 1236 in the following 13 days with 30 citizens losing their lives due… »
Key Developments and Predictions for Copyright Law in Turkey
Copyright protection is granted under Law on Intellectual and Artistic Works No. 5846 (the “LIAW”) in Turkey. The LIAW entered into force on January 01, 1952, and was amended in the years of 1983, 1995, 2001, 2004, 2007 and, lastly, 2008. The Draft Bill on the Amendment of the Code (the “Draft Bill”) was published for public opinion on May 05, 2017; however, there is currently no indication that this Draft Bill will enter into force in the near future. On the other hand, the… »
Consultation on New Draft Regulation on Promotion of Medical Devices
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 28 January 2020, the Turkish Medicines and Medical Devices Agency published a draft Regulation on the Sale, Advertisement and Promotion of Medical Devices (Turkish language) which will amend some of the existing provisions of the regulatory framework and introduce new rules. The most significant amendments are related to restrictions of medical device sales and advertising activities. The medical devices described in either… »
EC Certificates' Status During Transition Period for Brexit
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 1 February 2020, the Presidential Circular No 2020/1 was published on the Official Gazette No 31026 on the transition period for the UK's exit from the EU. The circular indicated that the UK will continue to be subject to EU law until 31 December 2020. Upon the publication of the Circular, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) about the effects of this transition period… »
New Guidelines on Named Patient Programme
In Turkey, the law explicitly states that pharmaceuticals which have their safety and efficacy proven through sufficient scientific and clinical studies within the direction of existing treatment guides, and are granted market authorisation by the Turkish Medicines and Medical Devices Agency (“Agency”) must be supplied only by pharmacies. However, the Agency is also competent to determine the exceptional importation regimes. Named Patient Program (“NPP”) is one of the… »
Key Developments and Predictions for Patent Law in Turkey – 2020
It has been three years since the Industrial Property Law, which combined different Decree Laws on specific IP rights, came into force. The fourth book of the Law introduces relatively new provisions regarding the patent system in Turkey that bring the national law into line with the European Patent Convention (EPC). Although it is too early for the implications of the new law to have come to light, working requirements and compulsory licensing remain the most questioned… »
Scope of Protection of Weak Marks in Turkey
In a decision published on 18 December 2019, the Turkish Court of Cassation (COC) ruled that trade marks inspired by descriptive words, which are not allowed to be monopolized, are weak trade marks and cannot be protected like trade marks with a high distinctiveness. Even small differences can make these trade marks distinctive, and owners of weak marks cannot oppose the registration of the same signs with different elements. Mutlu Yıldırım Köse explains Plaintiff's… »
Insights as to Turkish Copyright Law
What can content creators do to protect themselves? Copyright protection is mainly regulated under Turkish Intellectual and Artistic Works Law No. 5846 (referred to as Law No. 5846 hereafter). As to the Turkish Copyright Law, protection shall start with the creation and publication of the work to the public which meets the conditions under the Law No. 5846. Therefore neither registration of the copyright owned work with any competent authority nor confirmation of the same is… »
Drug Licensing Regulation Amended
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 8 January 2020, a Regulation amending the Regulation on Licensing of Human Medicinal Products (Turkish language) was published in Official Gazette (No 31002). Those amendments entered into force the same day. The new Regulation adds an additional paragraph to Article 2 of the Regulation on Licensing of Human Medicinal Products (Licensing Regulation). With the additional paragraph, individual allergen products and skin tests… »
Social Security Institution Announcement on Imported Supply of Pharmaceuticals
Özge Atılgan Karakulak and Dicle Doğan, Gun + Partners On 7 January 2020, the Social Security Institution (SSI) published an announcement (Turkish language) on the procurement of pharmaceuticals from abroad by Ibn-i Sina Health and Social Security Centre (Ibn-i Sina). The announcement required that all bids from manufacturers, authorised firms, intermediary firms and pharmaceutical warehouses for the supply of certain specified pharmaceuticals or their generics to Ibn-i Sina… »
Supreme Court Revokes Its Decision on Service Date of Electronic Notifications
Introduction As of 1 January 2019, the scope of electronic notification was expanded to include several institutions, including all public institutions and organisations, lawyers, notaries, experts and mediators following amendments to the Notification Law (7201). The Post and Telegraph Organisation has been assigned the operation of electronic notification transactions through the National Electronic Notification System. Further, the Regulation on Notification via Electronic… »