In recent years, it has become increasingly common for stores to request contact information from individuals during purchases and/or to obtain their explicit consent by sending a verification code via SMS, after which commercial electronic messages are sent to the provided contact details for advertising purposes. Due to the growing number of complaints from consumers and the widespread nature of this practice, the Personal Data Protection Board (“Board”) issued a Board…
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Rapid technological developments in the automotive sector have led to the increased presence of autonomous (driverless) vehicles in traffic in some countries around the world, thereby bringing related legal issues to the forefront. In this context, there is a need for legal regulations that can keep pace with technological developments and respond to emerging needs, and the adequacy of existing legal regulations in serving technological developments is being evaluated. Among…
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In today’s business world, competition among companies is shaped not only by the quality of their products and services, but also by their communication strategies with the public. However, the legal boundaries of such statements should be carefully determined. Statements made about competitors, particularly in Europe, may constitute “defamation” which are evaluated within the scope of competition law and provisions concerning unfair competition and may lead to serious legal…
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In the cosmetics sector, logos play a crucial role considering that consumers pay close attention to brand image, but they act quickly when buying products. Visual appearance often shapes purchasing decisions more than the verbal elements of a trademark. Decisions of Turkish Patent and Trademark Office (“the Office”) accepting the similarity between the trademarks discussed below provide a compelling case study of how overall perception and conceptual similarity between the…
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The effective protection of trademark rights is essential for preserving commercial identity and protecting consumers from misleading or counterfeit products. However, in recent years—particularly with the acceleration of digitalization, traditional enforcement methods have become increasingly inadequate. The global expansion of e-commerce platforms has made it easier for counterfeit goods to circulate online, complicating efforts by trademark owners to safeguard their…
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The Turkish courts have ruled in favour of the owner of a mark consisting of a very common expression
The courts found that, even though ‘İyi Yaşam’ is a common expression, the plaintiff’s intensive use strengthened the distinctiveness of the mark
Arguably, such outcome is not in line with previous Court of Cassation decisions
In a recent decision, the Court of Cassation has favoured the registrant of a weaklydistinctive sign in the similarity examination by ignoring the…
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In its recent decisions[1], the Turkish Court of Cassation conducts a comprehensive evaluation of the organic connection when determining whether the legal entities named as defendants in the case are jointly and severally liable for the employment receivables.
In this context, taking into account the definition of organic connection provided in the case law of the Court of Cassation[2] and that of the General Assembly of Civil Chambers of the Court of Cassation, actors such…
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Due to economic fluctuations in Turkey in the recent years, landlords have been seeking to increase rent prices and tenants have not responded favorably to these requests which eventually lead to an increase in disputes over eviction. Particularly in residential and commercial property leases, due to the unique and stringent conditions imposed by the Turkish Code of Obligations No. 6698 (“the Code”) on the termination of lease agreements and the eviction of tenants, landlords…
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In a decision dated March 18 2025 (No. 2024/3844 E. (Merits), 2025/1879 K), the 11th Civil Chamber of the Turkish Court of Cassation upheld a Regional Court of Appeal finding that a trademark application had been filed in bad faith – reversing a ruling that dismissed the claim.
Background to the case and the first-instance ruling
On April 11 2019, an application was filed for the registration of the trademark ‘Stayer+’ in classes 7 and 35 of the Nice Classification. The…
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The Advertising Board (“Board”) works to raise awareness about targeted advertising and deceptive commercial design practices, monitor international regulations and applications related to digital advertising and the use of personal data, and take necessary measures against current or potential violations. In this regard, the Board cooperates with the Personal Data Protection Authority. The Board also strictly supervises advertisements and commercial practices involving the…
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The Turkish Medicines and Medical Devices Agency (the “Agency”) has announced new notification obligations for economic operators in the event of an interruption or discontinuation (termination) of the supply of medical devices. This regulation was developed in line with the Medical Devices Regulation and the In Vitro Diagnostic Medical Devices Regulation, which were enacted as part of the European Union (“EU”) harmonization process and was published on May 21…
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SOURCES OF CORPORATE GOVERNANCE RULES AND PRACTICES
Primary sources of law, regulation and practice
What 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…
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