On June 11, 2024, the Turkish Medicines and Medical Devices Agency (“Agency”) announced on its official website that the “Guideline on the Packaging Information and Instructions for Use of Medicinal Products for Human Use”, “Guideline on the Readability of the Packaging Information and Instructions for Use of Medicinal Products for Human Use” and “Guideline on Excipients in the Packaging Information and Instructions for Use of Medicinal Products for Human Use” have all been…
»
The Regulation on Procedures and Principles Regarding the Cross-border Transfer of Personal Data (the “Regulation”) is published in the Official Gazette on 10 July 2024. Additionally, the Personal Data Protection Board (the “Board”) announced the standard contract texts, binding corporate rules application forms and supplementary guidelines about essential issues required to be covered by binding corporate rules.
Except for cross-border transfers that are irregular, occur on…
»
1. What are the main forms of corporate entity used?
The main forms of corporate entity used in Turkey are the:
• Limited liability company (LLC).
• Joint-stock company (JSC).
The LLC and the JSC are the preferred company forms in Turkey for both foreign national and Turkish entrepreneurs.
The minimum capital requirement were recently increased and from 1 January 2024, the minimum capital amount for:
• An LLC is TRY50,000.
• A JSC is TRY250,000.
• A non-public joint stock…
»
The 11th Civil Chamber of the Court of Cassation (“CoC”), in the context of a dispute arising out of a joint film production contract signed between the parties, agreed with the first instance court's finding that, in the absence of a clear determination in the contract as to when the film will be deemed to be completed, this moment should be determined as the time when the film registration certificate is obtained, and decided that the plaintiff was entitled to claim a…
»
The copyright law dispute, also known by the public as the case of famous actor Kemal Sunal, was concluded with the decision of the Court of Cassation General Assembly of Civil Chambers (“General Assembly”) after going through various stages for many years.[1]
In the lawsuit filed by the heirs of Kemal Sunal, the dispute centers on (i) whether it is possible to accept that Kemal Sunal’s economic rights as a performing artist within the scope of Article 80 of the Law No. 5846…
»
“Plagiarism” is not clearly defined in Law No. 5846 on Intellectual and Artistic Works (“LIAW”). Plagiarism, which is defined by the Turkish Language Association as "pilferage," is used in the context of intellectual and artistic works law to mean "to present someone else’s work as your own, taking a piece from someone else’s work without citing the source."
While there is no definition for plagiarism under LIAW, instances of "freedom of quotation" are clearly defined under…
»
Work Bearing The Characteristics Of Its Author And The Signs of Work
The Law on Intellectual and Artistic Works ("LIAW"), which has been amended many times since its entry into force in 1952, still causes uncertainty and confusion in practice. The recent decision of the Court of Cassation[1] has been a very guiding and clarifying decision in terms of examining the signs of the work, which are controversial in practice, and the amendments made to LIAW, especially with regard…
»
The Turkish Patent and Trademark Office (PTO) has a broad approach and well-established praxis regarding the protection of copyright holders’ rights on fictional works when characters, titles, and associated signs are used in third-party trademark applications. In its recent decision issued in April, the PTO accepted Paramount Pictures’ opposition filed against the trademark application “Don Carpetto”, as shown below, and rejected the registration of the contested application…
»
In its decision dated 13 February 2024 (No 2022/4962 E (Merits), No 2024/1005 K (Decision)), the 11th Civil Chamber of the Court of Cassation has upheld a Regional Court of Appeal decision confirming a ruling of the Court of First Instance that rejected the plaintiff’s vested rights claims.
Background
On 11 January 2018 an application was filed for registration of the trademark MONTENT in Classes 35, 38 and 41 by the applicant, who also owned a prior registration for MONTENT…
»
Chapter 1
Turkey
Aysel Korkmaz Yatkın, Görkem Bilgin, Asena Aytuğ Keser and Edanur Atlı[1]
I. Introduction
i. Nature of the insurance and reinsurance market
There are currently 74 active insurance companies incorporated in Turkey, consisting of 50 non-life insurers, 19 life and pension insurers and five reinsurers.[2]
The premiums collected in 2023 amounted to approximately 486 billion Turkish lira, an increase of 106.8 per cent compared with the previous year. Of this…
»
The copyright law dispute, also known by the public as the case of famous actor Kemal Sunal, was concluded with the decision of the Court of Cassation General Assembly of Civil Chambers (“General Assembly”) after going through various stages for many years.[1]
In the lawsuit filed by the heirs of Kemal Sunal, the dispute centers on (i) whether it is possible to accept that Kemal Sunal’s economic rights as a performing artist within the scope of Article 80 of the Law No. 5846…
»
The 11th Civil Chamber of the Court of Cassation (“CoC”), in the context of a dispute arising out of a joint film production contract signed between the parties, agreed with the first instance court's finding that, in the absence of a clear determination in the contract as to when the film will be deemed to be completed, this moment should be determined as the time when the film registration certificate is obtained, and decided that the plaintiff was entitled to claim a…
»
