Insights
An Alternative to Data Transfers Abroad: Binding Corporate Rules
With the announcement dated April 10 2020, Turkish Data Protection Authority (“DPA”) determined Binding Corporate Rules as a mean to be used for the data transfer abroad based on Article 9/2 of Law on Personal Data Protection numbered 6698 (“Law”) and introduced a new tool for the highly controversial and ambiguous matter in Turkey. By indicating in the announcement that the undertakings taken as per Article 9/2 of the Law would be usually practical for the bilateral data… »
Application of the Data Protection Law
The Data Protection Law applies to data controllers who process and transfer personal data under their control. Furthermore, in the situation where data controllers utilise the services of third party data processors for these processes, the law holds them jointly liable for taking all of the technical and administrative measures required to ensure the safeguarding of personal data and to prevent any unlawful access or processing. The Data Protection Law does not envisage the… »
Ambush Marketing 2021 in Turkey
Hande Hançar and Baran Güney has contributed to the Turkey chapter of Ambush Marketing: A Global Legal Perspective book which is published by Global Advertising Lawyers Alliance (GALA) in January 2021. Description A global legal compendium of the laws related to ambush marketing in approximately 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. Executive… »
Advertising Bans on Social Network Providers in Turkey
The law amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts ("Internet Law") known as Social Media Law in Turkey and the implementing regulation introduced new provisions and obligations regarding social network providers and their obligations in the second half of 2020. As per the cited amendments "Social Network Provider" was legally defined as real or legal persons that enable users to create, view… »
A Battle to Benefit from EPC 138/3
The IP Law of Turkey prohibits any kind of amendment/limitation of claims or patent documents after the patent has been granted. The only exceptions to this rule are the amendment/limitations made by the patentee during the national post-grant opposition phase, which was introduced to Turkish law in 2017. As per the introduction of a national post-grant opposition procedure, the Law also prohibits any ruling to be made in a revocation action against a national patent, while… »
Waiving from IP Rights in the Post-Covid Landscape
As the effects of the pandemic fade, it may be a good time to look into the lessons learned and take the necessary precautions against the next one. Indeed, pandemics have been a fundamental part of human history since time immemorial and diligently addressing the reasons for their emergence and the problems they create is quite important. However, the problem of inequitable access to drugs and vaccines faced during the pandemic remains unsolved today, with discussions of the… »
Unified Patent Court - How It Will Resonate in Turkey?
The concept of the Unified Patent Court (“UPC”) entered the lives of European Patent holders with the UPC Agreement, an international agreement dated February 19, 2013. The system is intended to begin operation on June 01, 2023. The courts in question constitute a big and important step towards ensuring the unity of the judiciary for European Union member states. With the completion of the approval processes for 17 European Union members, a few days before the start of the… »
“Plausibility” in Turkish Patent Law and Its Impact on Invalidation Proceedings
The grounds for the invalidation of a patent within the scope of Industrial Property Law No. 6769 are listed per the numerus clausus principle. The concept of plausibility – which has been the subject of numerous evaluations, especially by the European Patent Office (“EPO”) and frequent debate in academic circles in recent years – has not yet found a place within the scope of any legal regulation in Turkey. Moreover, there is no consensus on a Turkish wording for an… »
Market Access- Alternative Reimbursement Models
The pharmaceutical industry has long required a unique model for price setting where its conditions could be negotiated with the SSI, exempt from regular price and reimbursement rules given to innovative products. With the enactment of the Social Security and General Health Insurance Law numbered 6552 in September 2014, alternative reimbursement models became an essential topic in the Turkish healthcare industry. The complementary provisions introduced with the Regulation on… »
Market Availability of Products
The New Regulation on Licensing of Human Medicinal Products prepared by the TMMDA entered into force upon its publication in the Official Gazette numbered 31686, dated December 11, 2021. The Regulation on Licensing of Human Medicinal Products reflects up-to-date processes present in TMMDA practice that were absent in its previous iteration dated 2005, and provide compatibility with the EU directive numbered 2001/83/EC. In order to ensure supply continuity an exception for… »
The Need for an Injunction in Cases Where the EPO Proceeding is a Pending Issue
Although there is no explicit provision in Turkish Law for the acceptance of the ongoing opposition or appeal proceedings before the European Patent Office (“EPO”) as a “pending issue”, in practice due to the principle of procedural economy, pending issue decisions may be given by the Civil Courts of Intellectual and Industrial Property Rights on a case by case basis. As Turkey is party to the European Patent Convention, upon the issuance of a revocation decision regarding a… »
Preliminary Injunction Decisions against Patent Trolls to Prevent the Enforcement of Patent Rights
Patent and utility model rights, vital to incentivizing R&D and innovation, provide their holders with a significant advantage over their competitors and grant an absolute right for a certain period. However, as in every system, there are players in the patent and utility model ecosystem who use these rights contrary to the purpose and spirit of the system. These players, who obtain patent/utility model registrations by taking advantage of the loopholes in the system… »