The prohibition of double patenting is a fundamental principle in patent law that aims to prevent obtaining multiple patent protection for the same invention. This prohibition is intended to prevent both the granting of a second patent for the same invention (narrow sense of double patenting) and the effective extension of the protection period through applications that are not substantially different from each other and contain the same invention idea in terms of technical…
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One of the most complex types of disputes encountered in the field of pharmaceutical patents is compensation lawsuits arising from unjust preliminary injunctions. These compensation lawsuits require meticulous assessment from the perspective of both procedural law and substantive law. Especially, because of the controversies over the nature of fault-based liability arising from the ambiguities in the wording of Article 399 of the Code of Civil Procedure (“CCP”), and where…
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Undoubtedly, the initiation of patent infringement actions by patent holders for the purpose of protecting their exclusive rights, as well as the notification of third parties outside the proceedings who are suspected of involvement in infringing activities, fall within the scope of the rights conferred by patent law. Nevertheless, particularly in disputes between originator and generic pharmaceutical companies, the boundary between the exercise of patent rights and the…
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Implementing legal limitations on the use of social media by children has been the topic of ongoing debate around the world for some time now. Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (the “Law No: 5651/ Internet Law”) contains many provisions regulating online services used by millions every day. The main objective of the Law was to stipulate quick and effective provisional measures against illegal…
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Primary sources of law, regulation and practiceWhat are the primary sources of law, regulation and practice relating to corporate governance? Is it mandatory for listed companies to comply with listing rules or do they apply on a "comply or explain" basis?
The Turkish Commercial Code (TCC) dated 13 January 2011 (Law No. 6102) entered into force on 1 July 2012. The TCC has important objectives, such as ensuring transparency, adopting corporate governance standards and…
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A Turkish case highlights the importance of Article 138(3) when patent claims are amended during an invalidation action, say Selin Sinem Erciyas, Aysel Korkmaz Yatkın, and Bengü Şen Gürakan of Gün + Partners
Pursuant to Article 138(3) of the European Patent Convention (EPC), a patent proprietor is entitled to limit the patent by amending the claims in proceedings before the competent court or authority relating to the validity of the European patent. According to the same…
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Significant amendments affecting working life have entered into force with the publication of the Law No. 7578 on Amendments to the Social Services Law and Certain Other Laws (“Law No. 7578”) in the Official Gazette dated 1 May 2026 and numbered 33240. Within the scope of these amendments, both maternity and paternity leave durations have been extended.
Maternity Leave
Pursuant to Article 74 of the Labour Law No. 4857, female employees had previously been entitled to a total…
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Plant protection products (“PPPs”) are defined in legislation in a broad and highly technical manner. They include preparations used to protect plants and plant products against harmful organisms or to prevent their effects, excluding products intended solely for plant nutrition. These products may also influence plant growth, control or prevent undesirable developments, or eliminate unwanted plants, and typically consist of one or more active ingredients that work…
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Following the structural changes introduced in 2023 to the regulatory framework governing health claims on food and dietary supplements, the subsequent period has been characterised less by new legislative intervention and more by regulatory consolidation and practical implementation. The removal of mandatory prior administrative approval for health claims has remained in effect, reshaping the compliance landscape by shifting greater responsibility onto economic…
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In July 2025, Türkiye introduced Law No. 7557, bringing wide-ranging updates to the healthcare system. These reforms aim to modernise services, improve efficiency, and strengthen oversight, responding to growing healthcare demands and technological developments.
For the life sciences sector, several provisions are particularly relevant:
Physicians and dentists are now limited to practicing in a maximum of two healthcare institutions, marking a shift toward tighter workforce…
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Recent regulatory developments in the medical devices sector point to a shift from procedural compliance toward enforcement-driven market discipline, coupled with a gradual restructuring of technical service governance.
A major inflection point in this trajectory was the entry into force of Law No. 7557 in July 2025, which introduced Additional Article 20 to the Basic Law on Health Services. This provision significantly expanded the administrative sanctions framework…
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Interactions between life sciences companies and healthcare professionals (“HCPs”) in Türkiye continue to be governed by a well-established regulatory framework. In the pharmaceutical sector, promotional activities remain subject to the Regulation on the Promotion of Medicinal Products for Human Use, which strictly limits promotion to healthcare professionals and prohibits direct or indirect advertising to the public. Engagements such as consultancy and service arrangements…
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