Insights
Free Items Are Not Allowed for Certain Food Categories
Within the scope of advertising restrictions on the foods that are not recommended for excessive consumption, on December 28, 2018, the Advertising Regulation introduced a new restriction stating that gifts that would appeal to the interests and taste of children shall not be given, and other similar marketing techniques that target children shall not be applied within the scope of practices which aim to increase the sales of foods of which excessive consumption is not… »
Alcohol Advertising in Turkey
Law No. 4250 on Alcohol and Alcoholic Beverages, as well as the Regulation on the Procedures and Principles of the Sale and Marketing of Tobacco Products and Alcoholic Beverages, prohibits every type of advertisement and presentation of alcoholic beverages, prohibits campaigns, promotions, and any activity that encourages the consumption and sale of alcoholic beverages in any kind of media. This ban includes broadcasts on TV and radio, ads in the cinema, product replacement… »
Advertising in Social Media and Influencer Marketing
In Turkey, there are no special laws relating to advertising through social media and influencer marketing via social media. General advertising rules and principles apply. Influencer marketing should also adhere to rules regarding conformity to public order, fair competition, public/moral values, and accuracy, which are main principles regulating advertising in Turkey. Influencer marketing can be categorized as a particular form of testimonial advertising. The Regulation on… »
Plain Packaging for Tobacco Products
The amendments made in Law No. 4207 on Prevention and Control of Hazards of Tobacco Products (“Law No. 4207”), as well as the Regulation on Manufacturing, Labelling and Supervision of Tobacco Products (“Regulation”), which was prepared by the Ministry of Agriculture and Forestry, introduced the plain packaging principle for tobacco products, and amended the rules to be applied concerning health warnings on tobacco products. The amendments in Law No. 4207, as well as the new… »
RTUK’s Supervision over Internet Broadcasts
The amendments dated 27.03.2018 to Law No. 6112 on the Establishment of Radio and Television Enterprises and Their Media Services (“RTUK Law”) introduced Article 29/A to the RTUK Law, basically ruling that media service providers that make online broadcasting, and platform operators, which transmit these broadcasts via the internet, are required to obtain broadcasting licenses from the Radio and Television Supreme Council (“RTUK”). As per the same provision, media service… »
Contests and Sweepstakes
Chance-based sweepstakes (i.e. random-draw promotions, instant-win games) and skill-based contests are generally permissible in Turkey. Chance-based sweepstakes where cash is given as a prize, may only be conducted by the National Lottery Administration (“NLA”), which is the sole authority to organize lotteries and draws with a cash reward. Chance-based sweepstakes and skill-based contests, where the prize is non-cash, can be conducted by real or legal persons under specific… »
Declaration of Use and Compulsory License
The new IP Law (the “Law”) numbered 6769 abolished the provisions on “the use requirement of patents,” and “the evidence of use” of the Decree Law Pertaining to the Protection of Patent Rights. The Law now focuses on the requirements of use for patents within the provision of a Compulsory License. Accordingly, a patent owner must make use of the patented invention within three years following publication of its granted decision in the Official Bulletin (‘the Bulletin’) or… »
Difficulties of Enforcing Patent Rights on NPP Products
The supply of pharmaceutical products to Turkey via the named patient programme (the “NPP”) is one of the exceptional importation regimes for pharmaceutical products. Where a pharmaceutical product is not granted marketing authorisation in Turkey, but patients are in need of it, it can be supplied via this special route. The entities that are authorised to import pharmaceuticals within the scope of the NPP are the Turkish Pharmacists’ Association (the “TEB”) and the Ibn-i… »
Ex Parte Injunctions in Turkish IP Law
Although ex parte injunctions are legally available, are quite rare in Turkish Patent Law practice. The IP Courts almost always reject requests for ex parte injunctions, preferring to evaluate the alleged infringement only after hearing both parties. However, in 2019, the Turkish IP Court unexpectedly granted a request for an ex parte injunction, due to the urgent nature of the matter. The request for this ex parte injunction was filed against a company in Argentina. The… »
Discovery of Evidence Is Not Subject to Bolar Exemption
Discovery of evidence and actions for determination of evidence are separately regulated under the Civil Procedural Law. Discovery of evidence is a preliminary step taken before any action on the merits, and it only serves to discover and record the evidence that may be relevant to an ongoing or future action on the merits. It must be emphasised that unlike the US and UK systems, there is no full and frank disclosure procedure under Turkish civil law. In other words, the… »
Impact of EPO Opposition on National Actions
Since Turkey’s inclusion as a member of the EPC, a hot topic has been the enforcement or invalidity of Turkish validation of European Patent(s) (“EP”) while proceedings before the European Patent Office (the “EPO”) are pending. Once an EP is validated in Turkey, it becomes a national patent three months after its first granted decision by the Examination Board of the EPO. For EPs, the Turkish Patent and Trademark Office (the “TPMO”) acts only as a procedural agency. Thus, the… »
2nd Damages Judgment in the Pharma Sector for Unjust PI
In 2018, the Istanbul IP Court decided on a generic pharmaceutical company’s damages claim based on an unjust PI, in what appears to be the first decision of its kind by the Turkish IP Courts within the pharmaceutical sector. The dispute between an originator firm and a generic firm derived from an infringement claim. The Court had issued a PI, which was lifted after 13 months based on the findings of an expert’s report, which found that no infringement had been made. The… »