In 2009, the Turkish Competition Authority (“Authority”) had conducted a preliminary investigation to determine whether there was a violation of Article 4 of Law No. 4054 on the Protection of Competition ("Law No. 4054"), regarding restrictive agreements, concerted practices, and decisions about price, production, and sales information and forecasts among undertakings being members of the Automotive Distributors Association and the Automotive Industry Association. As a result…
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Recently, with the fast development of the technology and the extensive use of communication tools and the internet, marketing strategies have also experienced a significant change. Traditional marketing methods have been rapidly replaced by online advertising.
Online advertising, which is a form of advertising that utilizes various internet-based channels, as a marketing strategy used on digital platforms to increase trademark popularity, promote sales and create consumer…
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The Regulation Amending the Regulation on Insurance Arbitration ("Regulation") entered into force following its publication in the Official Gazette dated 07 June 2023 and numbered 32214. Separate and aside from the additions made to the definitions article and the expanded duties of the Presidency of the Commission especially regarding the expert lists, the Regulation introduced specific arrangements regarding the working procedures of reporters and objection authorities and…
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Istanbul Trade Registry (the “Registry”) published an announcement on its website regarding the issues to be considered regarding the scope and limits of representation authorization when preparing internal directives on representation. In joint stock and limited liability companies where the powers of the management body of the company are delegated to limited authorized representatives within the scope of an internal directive, it has become necessary to review the existing…
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The Regulation on Health Claims for Food and Food Supplements ("Regulation") entered into force through publication in the Official Gazette dated April 20, 2023 and numbered 32169. Regarding nutrition claims, the Turkish Food Codex Regulation on Nutrition Claims was published in the same Official Gazette and entered into force. The Turkish Food Codex Regulation on Nutrition and Health Claims, which regulated nutrition declarations and health declarations for food and food…
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Background
Under Turkish law, the time period for an application for legal remedies (appeal and cassation) against court decisions begins, in principle, once the parties have been notified of the decision. However, some laws stipulate that the time period begins from the announcement of the decision by the court to the parties present at the hearing.
The courts of first instance usually only announce a summary of the judgment at the decision hearing. The courts provide their…
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Pursuant to the Regulation Indicating the Implementation of the European Patent Convention Regarding the Grant of European Patents in Turkey (the Regulation), a European patent application in which Turkey is designated is accepted as a national Turkish patent application starting from the moment an application number is given by the EPO. Once the application is filed before the EPO, the patent owners normally pursue the procedure before the EPO and then, once the patent is…
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The Trademarks Directorate refused an application for a mark consisting of a device and the phrase ‘Clinical Trial Center’ due to a lack of distinctiveness
The REEB upheld the applicant’s appeal, concluding that the phrase was not the main element of the mark
The device element was sufficient to render the mark distinctive
The Re-examination and Evaluation Board (REEB) of the Turkish Patent and Trademark Office (PTO) has overturned a first-instance decision issued by the…
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On 14 March 2023, the Presidential Decree numbered 6932 Amending the Decision on Pricing of Medicinal Products for Human Use (“Decision”) was published in the Official Gazette numbered 32132.
With the Decision, a new rule have been introduced on the real source price calculation completing the rule introduced in November 2022. With the prior amendment in the Decision in November 2022, a rule had been introduced stating that products that do not have a retail sale in the…
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While intellectual property rights are mostly studied in isolation, in practice the legal categories created to protect these rights provide only partial legal coverage of the broader context in which such rights are created, used, and enforced. Consequently, often multiple IP rights overlap with respect to the same underlying subject matter.
Contributed by our partners Uğur Aktekin and Mutlu Yıldırım Köse, Overlapping Intellectual Property Rights (Second Editon) published…
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As a consequence of lawsuits filed against provisions of the Alternative Reimbursement Regulation dated 10 February 2016, due to the regulation being published without obtaining the Ministry of Health’s opinion, the articles subject to the lawsuits were cancelled based on formal deficiency.
On 12 May 2023, a Alternative Reimbursement Regulation (Regulation) was published in the Official Gazette numbered 32188 and entered into force on the date of publication.
While the…
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AI Applications Under the Radar of Data Protection Authorities
Concerns about how artificial intelligence (AI) systems use and store data collected from users have been frequently debated by data protection authorities and professionals dealing with data security and privacy issues lately. These discussions are kept in the public eye through decisions, publications, and press releases related to the subject.
The Italian Data Protection Authority, Garante per la Protezione dei…
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