One of the most important temporary protection measures regulated by Turkish law is the determination of evidence. The implementation of determination of evidence, which is regulated in Articles 400 et seq. of the Code of Civil Procedure No. 6100 and is subject to simple legal procedure, may be requested for the purpose of making a discovery, obtaining an expert examination or taking witness statements in order to determine facts that have yet to be examined in a pending…
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Personal data protection has become a critical area that has rapidly gained importance both in Türkiye and worldwide in recent years. With the impact of digitalization, individuals generate increasing amounts of personal data in their daily lives, which in turn raises societal sensitivity regarding data security and privacy awareness. In this context, regulatory authorities are tightening oversight of data processing activities; particularly, technology companies are…
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The Parliamentary Research Commission on Determining the Steps to Be Taken to Maximize the Benefits of Artificial Intelligence, Establishing the Legal Infrastructure in This Field, and Identifying Measures to Prevent the Risks Associated with the Use of Artificial Intelligence (“Commission”) was officially established on January 14, 2025, and effectively concluded its mandate with its final meeting on May 13, 2025.
During its term of activity, the Commission addressed not…
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Parallel imports and grey market goods (ie, genuine products that have been imported into a country without the trademark owner's consent, after being legitimately placed on the market elsewhere] have long been a subject of legal and commercial tension worldwide, and a main topic for discussions around trademark rights. Most countries apply a national or regional exhaustion of trademark rights. However, Article 7 of the Turkish Industrial Property Code 6769 (IP Code]. which…
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With the advancement of artificial intelligence technologies, the emergence of new risks—particularly in relation to the protection of personal data—has increased the need for concrete guidance for developers, manufacturers, and service providers in this field. Due to the current gaps in legislation, relevant public institutions and authorities have been publishing various proposals, decisions, and recommendations on the subject.
The Personal Data Protection Authority…
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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 Code of Civil Procedure No. 6100 (“CCP”) regulates the granting of a preliminary injunction in return of a guarantee. However, the focus of this study is on the fate of the guarantee provided for a preliminary injunction in the event that a compensation action is filed after the finalisation of the action in which guarantee is given. Yet there is neither a specific provision in the CCP on this issue, nor a concrete, established practice on how this important issue…
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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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