Insights
A Closer Look at the Turkish Court of Cassation’s Supervisory Power and Its Boundaries
The Turkish Court of Cassation has been one of the most important authorities of the Turkish judicial system, which has been on duty since mid-1800s. Since the establishment of the Court of Cassation, it has served as the supreme court of our judicial justice system. But the recent decisions of the Court of Cassation made us question its supervisory power as the supreme court as well as the boundaries of this power. Until the regional courts of appeal were established in… »
Assignment of Copyrights
Law on Intellectual and Artistic Works No. 5846 (the “LIAW”) takes a very formalistic approach regarding the transfer of copyrights arising from these types of work. Under Turkish copyright law, the general principle is that the person who actually creates a work is the author of that work. The “work made for hire” concept is not accepted under Turkish law. The right transfers should be made in writing, once the work is embodied, indicating, expressly, which rights are… »
Transfer of Data Abroad
Sensitive and non-sensitive personal data can be transferred abroad if the explicit consent of the data subject is obtained. Furthermore, other legal grounds will also apply to the transfer of personal data to the foreign country. However, the destination country must have “sufficient protection” in order to conclude the transfer abroad based on legal grounds (except for having obtained explicit consent). A list of jurisdictions that provide sufficient protection is to be… »
Significant Amendments to Preliminary Examination
Civil Procedure Code No. 6100 (“CPC”) entered into force on 01 October 2011 by replacing the former Civil Procedure Code No. 1086. One of the most significant mechanisms introduced by the CPC was preliminary examination. Under Turkish law, first stage of a trial is the initiation of a lawsuit and exchange of petitions, which is followed by the preliminary examination. During the preliminary examination, the court examines the causes of action, initial objections, points of… »
IP Court Issues Preliminary Injunction Against Drug in Turkey’s Named Patient Programme
The Istanbul Civil Court for Intellectual and Industrial Rights has granted a preliminary injunction to remove a pharmaceutical product from the foreign drug list of the Turkish Medicines and Medical Devices Agency (TMMDA). The drug was supposed to be supplied via the named patient programme (NPP) and was removed on the grounds of patent infringement. Further, the supplier company has been prevented from directly or indirectly commercialising the product, which includes its… »
New Euro Exchange Rate For Drug Prices For 2021
On 19 February 2021, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language), stating that the foreign exchange rate between the euro and Turkish lira for drug prices would be raised to EUR1 to TRY4.5786 as of 20 February 2021. The euro exchange rate used for approval of drug prices in Turkey is determined as per the Decision on the Pricing of Human Medicinal Products (decision). Pursuant to the decision, the euro exchange rate is… »
Transfer of Data to Third Party
Sensitive and non-sensitive personal data may be transferred to third parties if the explicit consent of the data subject is obtained, or if one of the additional legal grounds is applicable for such transfer. The Data Protection Law does not provide a definition for a third party; therefore, any individual or entity (other than the data controller and the data subject) may be considered a third party. This creates a problem, especially in relation to transfers between data… »
Covid-19 Impact on Trademarks
Having affected the entire world, the Covid-19 pandemic also had an impact on trademark law as it has other areas of law. When considered in detail, we see that trademark law is affected in various aspects by the Covid-19 pandemic. As a matter of fact, when we look at the period during March, April, and May, when the pandemic just started, one of the most apparent examples of this impact is that the number of trademark applications throughout the Covid-19 period has risen… »
New Guidelines on Electronic Scientific Meetings
On 14 March 2021, the Turkish Medicines and Medical Devices Agency published the Guidelines on Applications for Electronic Scientific Meetings and Electronic Product Promotion Meetings (Turkish language). Electronic meetings have become more important because of the COVID-19 pandemic, and the guidelines have been published to answer questions raised in practice. They also introduce stricter rules for electronic meetings. Key provisions of the guidelines are as… »
Extended deadline for product promotion representatives to obtain certificate of competency
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 16 November 2019, a Regulation amending the Regulation on Promotional Activities of Human Medicinal Products (Turkish language) was published in the Official Gazette (numbered 30950). The amendment extends the period during which product promotion representatives can obtain their certificate of competency. Pursuant to the Regulation on Promotional Activities of Human Medicinal Products, product promotion representatives for… »
Misbehaviors of Employees, Which Do Not Reach The Level of Bullying Yet Disrupt the Workplace Peace, as Valid Grounds For Termination
According to article 25(2)(d) of the Turkish Labour Act,(1) an employee bullying their employer, one of their family members or another employee constitutes a just cause for termination. Several precedents of the Court of Cassation state that "bullying" refers to threats, insults or battery. That being the case, employers often wonder whether other acts of misbehaviour by employees, which do not technically qualify as bullying yet disrupt workplace peace, may constitute… »
What Are the Rules for Alcohol Advertising in Turkey?
Alcohol advertising has been a criticized topic for long time in Turkey. The year 2013 can be considered as milestone in Turkey. There has been a major change in the alcohol regulation. Upon the amendments in the “Tobacco and Alcohol Regulation” any advertising of alcohol products has simply been banned in any kind of media. This ban has included broadcasts on TV and radio, ads in the cinema, product replacement, printed media as well as social media and digital platforms.… »