Insights
Product Liability and Safety 2020 in Turkey
Sources of law 1. What are the main areas of law and regulation relating to product liability? Turkey does not currently have specific legislation on product liability. However, the Product Safety and Technical Regulations Law 7223, which will enter into force on 12 March 2021, introduces a specific liability regime. This answer refers both to the current law and to the new product liability regime under Law 7223. Product liability claims of a commercial nature are based… »
COVID-19’s Impact on Compliance Issues and Internal & External Investigations
COVID-19 outbreak, which was announced to be a pandemic by the World Health Organization on 11 March 2020[1], had inevitable impacts on corporate compliance processes due to the evolving business and workplace practices. In parallel with the increase in remote working, along with the psychological and financial distress on individuals emerging from the crisis, many companies have come up against a changing landscape for fraud with a rising number of fraud cases, as well as… »
Privacy Law: A Global Legal Perspective on Data Protection Relating to Advertising and Marketing, Turkey Chapter
A global legal compendium of the laws related to privacy law and data protection relating to advertising and marketing in 70 countries around the globe. Written by members of the Global Advertising Lawyers Alliance (GALA) a network of the leading advertising lawyers in the world. »
Private Acquisitions 2020 in Turkey: Market Analysis
1. What are the current major trends in the private M&A market? In recent years, Turkey has enacted several laws designed to improve its investment environment. In 2012, the Turkish Commercial Code (TCC) and the Turkish Code of Obligations entered into force to replace their previous versions and create a transparent and sustainable commercial environment. In 2016, Turkey enacted the Law Amending Certain Laws for Improvement of the Investment Environment numbered 6728… »
Private M&A 2020 in Turkey
Corporate entities and acquisition methods1. What are the main corporate entities commonly involved in private acquisitions?In private acquisitions the main companies used are joint stock companies and limited liability companies. 2. Are there any restrictions under corporate law on the transfer of shares in a private company? Are there any restrictions on acquisitions by foreign buyers?Restrictions on share transferUnder the Turkish Commercial Code numbered 6102 there are no… »
International Design Protection, A Global Handbook, Second Edition, Turkey Chapter
Uğur Aktekin and Mutlu Yıldırım Köse has contributed to the Turkey chapter of International Design Protection book which is published by Globe Law and Business Ltd in March 2017. Description Designs have underpinned much of the technological and industrial innovation of recent years. They have become increasingly valuable within the portfolio of intellectual property rights. Indeed, given the extent to which economic growth is driven by these advancements and the… »
What Does Unfair Price Assessment Board Brings to Turkish Law?
During Covid-19 outbreak some businesses exorbitantly increased the prices of masks, disinfectants, colognes, wet wipes and foodstuff in contrast with the normal functioning of the market. This caused these entities taking unfair advantage because of the negative impact of the coronavirus on consumers and this exorbitant increase of prices started negatively affecting the usual purchasing behavior of the consumers. Unfair Price Assessment Board has recently been established… »
Will COVID-19 Skyrocket Remote Hearings?
Introduction Law 7251 on the Amendment of the Civil Procedure Code and Certain Laws entered into force upon publication in the Official Gazette (31199) on 28 July 2020. Article 17 of Law 7251 amended Article 149 of the Civil Procedure Code (“CPC”) 6100 to allow courts to conduct remote hearings through video and audio transmission either upon the parties' request or ex officio under certain circumstances. Although the concept of remote hearing is not new to Turkish law, the… »
Who Would Enjoy Broccoli for the Meal?
In its recent decision dated 10th of November 2020 and numbered 2020/1626, the Advertisement Board, confirmed once again, its strict and tight scrutiny conducted over advertisements intended for children. The advertisement and promotions for the brand-new “Cry Babies” dolls as well as the cartoon movie named “Cry Babies Magic Tears” which was based on these baby doll characters were found to be violating the principles for the protection of children by the Advertisement… »
What Does Labour Law Say About COVID-19?
Introduction On 11 March 2020 the Ministry of Health announced that the first case of coronavirus (COVID-19) had been diagnosed in Turkey. At the time of writing, 46 additional cases have been confirmed and the total number has reached up to 47. This pandemic will inevitably affect labour law; as part of employers' duty to protect employees, they must take occupational health and safety measures and protect employees' health and physical and mental integrity. Employers'… »
Turkish Court Deals With Indirect Infringement Case
Indirect infringement is not explicitly dealt with in the Turkish IP Law. However, the legislator confers, via Article 86 of the Industrial Property Code (IPC), a right to the patent holder to prevent third parties from supplying essential elements of the invention to unauthorised people, which will eventually lead to the working of the patented invention. In order for this provision to be implemented, third parties must be aware that these elements or instruments are… »
Does Likelihood of Confusion Exist Based on a Common Weak Element?
The Turkish Court of Cassation (‘CoC’) upheld lower court decisions which ruled in favour of cancelling the Turkish Patent and Trademark Office’s (‘Office’) Re-Examination and Evaluation Board’s (‘Higher Board’) decision for invalidation of the ‘Mazstar’ trademark on the basis of likelihood of confusion with the plaintiff’s trademarks bearing the common element ‘Star’. Dispute Background The defendant filed an application before the Office for ‘MAZSTAR’ in classes 29 and 30.… »