Insights
Additional Price Difference in Public Tenders and Assignment of Tender Agreements
A provisional article was added to the Public Procurement Agreements Law (the “Law”) on 19.01.2022 in order to provide an additional price difference upon the request of the contractors and to enable the contractors to assign their tender agreements with the approval of the relevant tender authority for certain procurements of goods/services and construction works. The purpose of this additional provision was to eliminate the negative implications of disruptions on supply… »
Turkish Radio Television Supreme Board Sanctioned Scenes Relating to Stereotypes of Virginity
In its decision numbered 21 rendered at the meeting dated 28 April 2021 and numbered 2021/17; the Radio Television Supreme Board (“Board”) inspected a TV series called “Camdaki Kız” (the girl in the window) broadcasted in a national channel in Turkey and made remarkably critical evaluations for the scenes relating to stereotypes of virginity. The scenes and dialogues showing a mother forcing her daughter to wear a virginity corset throughout her all life starting from her… »
IP Rights Also Protect Public Health and Safety
This matter started as an ordinary anti-counterfeiting case after receiving a picture of a fire-resistant glass from a global manufacturer of such products. The logo trademark was simply printed on the glass, and due to several inconsistencies, it was explicitly a fake product. Nevertheless, when it turned out that the fake product was not fire-resistant at all, public health and safety became the major concern besides trademark infringement. After an investigation into the… »
Sanctions on Food Supplement Ads on Social Media
In its meeting dated 14.07.2020 and numbered 299, the Advertisement Board imposed sanctions against the advertisement of a food supplement with the false health claim by various celebrities and ordered to cease the broadcast of food supplement’s advertisement and imposed administrative monetary fine corresponding to 104.781 Turkish Liras against each celebrity who advertised the product on his / her social media page as well as the advertiser. The Advertisement Board examined… »
Coronavirus Related Health Claims
After the first COVID-19 case encounter in our country, the advertisements of the food supplements and foods with health claims and nutrition claims have increased. The said products have been advertised and promoted to consumers on diverse platforms, including TV, radio and online platforms. Competent legal authorities launched investigations since some food supplements advertised are not even authorised for sales, and some made misleading health claims in their advertising.… »
18+ Markings for Products with Rainbow Themes
Advertisement Board, with its highly controversial decision on November 2020; deemed the promotions and the sales of products such as t-shirts, sweatshirts, coffee mugs, phone cases, beach towels offered for sale on various e-commerce sites with expressions ”normal”, “LGBT”, “LGBT Power”, “Equality, Bisexual, Freedom, Lesbian, Gay, Love is Love, Homosexual”, LGBT Relationship”, “Love is Love”, “Pride”, “Peace”, “Love is Love”, and rainbow themes without +18 markings against… »
Influencer Marketing and Social Media Influencers
In Turkey, until recently, there were no special provisions, laws, regulations or self-regulating rules relating to advertising through social media. In this respect, general advertising rules and principles were to apply. The control and supervision of advertisements on social media were also subject to the laws, regulations and provisions which apply to advertisements conducted through other media channels. It was considered that the advertisements published on social media… »
Seeking Information on Pending MA Applications Is Lawful According to Administrative Court
As per article 9 of the Regulation on Licencing, which regulates “Abridged Application”, if a pharmaceutical has been licenced before, it is not necessary to repeat the tests and research and the data of these tests doesn’t have to be submitted for licencing again, only referencing to the licence information of the pharmaceutical that is pre-licenced is sufficient. However, due to the obligation of the product which is subject to the reference application must be basically… »
Changes to Minimum Wage, Severance Payments and Administrative Fines for 2022
At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. On 1 January 2022, the changes for 2022 came into effect. Minimum wage In 2021 the monthly minimum wage rate was TRY3,577.50 (gross). As of 1 January 2022, this has increased to TRY5,004.00 (gross). The new rate applies from 1 January 2022 to 31 December 2022. The minimum wage applies to all employees, regardless of age, industry and… »
Defamation in Advertisements
The Advertisement Board, rendered in its decision in the last month of 2020, proving its sensitivity towards Turkish cuisine and food culture, ruled that advertisements for a canned seafood product to be permanently suspended. In the advertisement broadcasted on television channels and social media accounts of the advertiser, the couple who would like to dine out is on the street with various restaurants selling food from Turkish cuisine. However, the non-hygienic attitude of… »
Unfair Price Assessment Board
During the COVID-19 outbreak, some entities exorbitantly increased the prices of masks, disinfectants, colognes, wet wipes and foodstuff against the standards of professional care in contrast with the normal functioning of the market and in a way that is negatively affecting the usual purchasing behaviour of the consumers. By taking the exorbitant price increases into account, an additional article titled “Exorbitant price increase, stockpiling and Unfair Price Assessment… »
Sanctions against Unfair Price Increases
Due to the rapid expansion of the COVID-19 pandemic in Turkey and worldwide, demand for protective masks, sanitisers, cleaning products and foodstuff significantly increased. Some companies exorbitantly and inequitably increased prices of such goods, substances and materials, which the consumers intensively demanded during this outbreak. The Advertisement Board, in March 2020, ordered a decision for suspension of the referred actions and imposition of 10.090.060 Turkish liras… »