Insights
Singapore Convention Entered into Force on 11 April 2022 in Turkey
The United Nations General Assembly adopted the Convention on International Settlement Agreements Resulting from Mediation (“the Singapore Convention”) on 20 December 2018, which was signed by Turkey on 07 August 2019 in Singapore. Turkey enacted the Law No. 7282 dated 25 February 2021[1] concerning the approval of the Singapore Convention, which was followed by the Presidential Decree (3866) dated 21 April 2021[2] concerning its ratification. Finally, with the Presidential… »
New Rules on Advertisements with Price Information and Advertisements for Discount Sales
Regulation on Commercial Advertising and Unfair Commercial Practices (“Regulation”) was amended in a way to include new measures and rules to regulate advertisements containing misleading price information and to protect consumers against unfair commercial practices. The amendments were enacted on February 1, 2022 and entered into force on March 1, 2022. According to new rules enacted in the Regulation; additional measures were implemented to protect consumers against… »
Guidelines on Named Patient Programme Amended in 2021
The Turkish Medicines and Medical Devices Agency's guidelines on the Named Patient Programme (Turkish language) explains the procedure for the supply from abroad of drugs that are not authorised in Turkey or not available on the Turkish market. The guidelines were first published in 2014, amended in 2015, 2017 and 2020, and finally published in the most current version on 9 August 2021. The latest amendment made to the guidelines introduces the definition of generic products… »
Audit Standards for Information Security Processes
Introduction and Developments With the Presidential Circular on Information and Communication Security Measures which came into force once published on July 6, 2019 (the "Circular"), it was aimed to mitigate and neutralize serious security risks encountered in the digitalization process and ensure the security of critical data for public institutions and organizations and enterprises providing critical infrastructure services. The Information and Communication Security Guide… »
V Versus V: Assessment of Similarity Between One-letter Trademarks
The IP Court found that there was no likelihood of confusion between the parties’ ‘V’ marks, contradicting the expertreport’s evaluation Versace’s mark included fi gurative elements that rendered it distinctive, while the plaintiff’s marks included descriptivephrases The decision confi rms that the likelihood of confusion assessment shall be stricter when it comes to one-letter trademarks Background An opposition was fi led against Gianni Versace SRL’s trademark application… »
Countdown to Revocation Requests at The TPTO
In one year’s time, trade mark revocation proceedings will be possible before the Turkish Patent and Trademark Office (TPTO). Güldeniz Doğan Alkan and Cansu Evren discuss the changes. Article 26 of the IP Code After years of proceeding with a Decree Law, the Intellectual Property Code no. 6769 entered into force in Turkey on 10 January 2017. Article 26 of the IP Code regulates the revocation of a trade mark registration. It foresees that the trade mark shall be revoked in the… »
The Advertisement Board Now Has the Authority to Block Access to the Online Content Violating the Advertising Rules
The Consumer Protection Law No. 6502 has been amended by the Law No. 7392 which was published in the Official Gazette on 01.04.2022. The amendments introduced into the Consumer Protection Law include wide range of major changes regarding commercial advertisements, the sanctions to be applied by Advertisement Board, distance sales contracts, e-commerce, refurbished and re-sold products, authorized service and special services within the scope of after-sales services. As per… »
Birleşik Krallık ve Çin’den NFT’ler ile İlgili İki Güncel Mahkeme Kararına Genel Bir Bakış
— Birleşik Krallık Yüksek Mahkemesi’nin “Lavinia Deborah Osbourne v (1) Persons Unknown (2) Ozone Networks Inc Trading as Opensea” Kararı — Çin Hangzhou İnternet Mahkemesi’nin “Qice v. BigVerse” Kararı 2021 yılının başından itibaren adını sıklıkla duyduğumuz ve bugün sanat, müzik, video oyunları ve sinema gibi hayatımızın birçok alanında karşımıza çıkan Non-Fungible Token’lar (NFT) uzun süre gündemde yer alacak gibi görünüyor. Nitekim sadece 2022 yılının ilk çeyreği için… »
Court Provides Guidance on How to Conclude Actions For Undue Receivables
Introduction The potential conclusion of actions initiated for undue receivables has been a controversial issue under Turkish law. There have been several different opinions on how the courts should conclude these cases. Certain courts have dismissed them on procedural grounds, while others have examined the merits. Recently, the Grand General Assembly on the Unification of Judgments of the Court of Cassation rendered a unification decision on how to conclude actions… »
Recent Changes in Relation to Determination of Companies Subject to Independent Auditing
The Presidential Decision No. 6434 on Determination of Companies subject to Independent Auditing (the “Decision”) was published in the Official Gazette on November 30, 2022. The Decision provides significant changes to the independent auditing thresholds compared to the Decision No. 2018/11597 on Determination of Companies subject to Independent Auditing, which will remain in force until January 1, 2023. With the effect of the Decision, publicly-traded companies that exceed… »
The Guidelines For The Implementation of The Regulation on Sales, Advertisement And Promotion of Medical Devices Has Been Updated
Following the adoption of the substantial amendments to the Regulation on Sales, Advertisement and Promotion of Medical Devices (“Regulation”) on 2 September 2020, the new Guidelines for the Implementation of the Regulation on Sales, Advertisement and Promotion of Medical Devices (“Guidelines”) has been published on the Turkish Medicines and Medical Devices Agency’s (“Agency”) website on 12 February 2021. The most crucial changes brought with the Guidelines are in relation to… »
Sector Inquiry on Online Advertising Sector
The Competition Authority announced that the Competition Board decided to launch an inquiry related to the online advertising sector on 21.01.2021. As mentioned in the announcement, the online advertising sector has a complex supply chain which includes various services and actors. It has been emphasized that the market is in an intricate structure and develops rapidly. Similar to the global practice and having become subject to inquiries in some countries, the broadcasting… »