The scope of the international jurisdiction of the Unified Patent Court (“UPC”) has, in recent years, become one of the most striking and controversial issues in patent litigation. Having commenced its operations in 2023, the Court was established with the objective of creating a uniform and centralized patent adjudication system across Europe. However, through its recent decisions, the UPC appears not to confine its jurisdiction to Contracting Member States alone, but rather…
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The Decision Amending the Decision on Determination of Companies Subject to Independent Auditing ("Amendment Decision") was published in the Official Gazette dated March 17, 2026.
With the Amendment Decision, which entered into force as of its publication date to be applied to accounting periods starting on or after 1 January 2026, companies that are not included in the lists (I) and (II) annexed to the Decision on the Determination of Companies Subject to Independent Audit…
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Goal Celebrations and Other Distinctive Elements
Recent reports in the Turkish press claiming that Warner Bros. has filed a lawsuit against Fenerbahçe footballer Kerem Aktürkoğlu for using the nickname “Harry Potter” on the pitch and in social media content, as well as for performing a goal celebration allegedly referring to the fictional universe created by J.K. Rowling, have once again brought to the forefront the intersection between intellectual property law, popular…
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The legal nature of translations represents an important issue under copyright law. Indeed, a translation is often not simply a technical transfer between languages; particularly in the context of literary works, it constitutes the product of intensive intellectual labor whereby the translator reconstructs the work by drawing on the culture of the target language, its expressive possibilities, and the translator’s own interpretation. In this respect, a translation may in…
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Presidential Decision No. 11031 dated 12 March 2026 (“New Pricing Decision”) has introduced significant changes to the pricing system for human medicinal products that was originally established by Decision No. 2017/9901 and subsequently updated several times. Increasing the adjustment rate used in Euro/TL calculations from 60% to 65%, allowing higher pricing for the first equivalent or generic products to encourage their faster entry into the market, and the inclusion for…
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In the digital ecosystem, children are no longer viewed solely as individuals in need of protection; they have also become one of the central user segments within data-driven business models. Social media platforms, gaming applications, and video-sharing websites systematically process children’s behavioral data, interaction patterns, and content consumption habits. This reality has led to a transformation in the legal approach to children’s data protection, shifting from a…
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The frequent and prolonged medical leave taken by an employee often adversely affects the normal functioning of the workplace and renders the continuation of the employment relationship challenging. Such persistent absenteeism may lead the employer to terminate the employment contract on the grounds of either just cause or a valid reason.
Pursuant to Article 18 of the Labor Act No. 4857, the employment contract of an employee benefiting from job security provisions may be…
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Legal and procedural framework
Legal framework
What legal framework applies to insurance coverage disputes, including legislation or judicial precedents?
08 December 2025Insurance coverage disputes in Türkiye are primarily governed by the Turkish Commercial Code (Law No. 6102) (TCC) (articles 1401to1520) and the Insurance Act (Law No. 5684), which regulate insurance contracts, coverage limits, exclusions, duties of disclosure and the authority of the Insurance Arbitration…
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On 19 January 2026, the Turkish Medicines and Medical Devices Agency announced a new initiative focusing on real-world data and pharmacoeconomic analyses for medicines supplied from abroad within the scope of named patient programs. The initiative applies to medicines obtained under the regulation governing the supply of medicines from outside Türkiye, which are typically used in situations where no authorized or available alternative exists in the domestic market and access…
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One of the most debated issues in Turkish competition law in 2023 was the decision of the Constitutional Court dated 23 March 2023 (Application No. 2019/40991), in which the Court held that the on-site inspection conducted at the premises of Ford Otomotiv Sanayi A.Ş. violated the constitutional right to the immunity of residence due to its unlawfulness.
Following that decision, significant uncertainty arose as to whether the legislature would amend the relevant statutory…
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The plaintiff consented to the defendant’s trademark under an agreement but later sought invalidation of the earlier-filed trademark.
The Court of Cassation held that the agreement covered the earlier trademark based on the parties’ actual and implied intentions.
Filing an invalidation action despite prior consent was found to be contrary to the principle of good faith.
In Decision No. 2025/2697 E, 2025/6214 K of 13 October 2025, the Court of Cassation (CoC) upheld the…
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Higher Board of the Turkish Patent and Trademark Office upheld Beiersdorf’s opposition against a later trademark sharing NIVEA's distinctive blue-and-white composition
The Board highlighted the later mark could cause a likelihood of confusion with NIVEA, give the earlier’s strong distinctiveness and recognisability from its blue and white colour scheme
This precedent confirms colour and composition similarities can be decisive in trademark disputes when earlier marks have…
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