During the COVID-19 outbreak, some entities exorbitantly increased the prices of masks, disinfectants, colognes, wet wipes and foodstuff against the standards of professional care in contrast with the normal functioning of the market and in a way that is negatively affecting the usual purchasing behaviour of the consumers.
By taking the exorbitant price increases into account, an additional article titled “Exorbitant price increase, stockpiling and Unfair Price Assessment…
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The Advertisement Board, rendered in its decision in the last month of 2020, proving its sensitivity towards Turkish cuisine and food culture, ruled that advertisements for a canned seafood product to be permanently suspended.
In the advertisement broadcasted on television channels and social media accounts of the advertiser, the couple who would like to dine out is on the street with various restaurants selling food from Turkish cuisine. However, the non-hygienic attitude of…
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At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. On 1 January 2022, the changes for 2022 came into effect.
Minimum wage
In 2021 the monthly minimum wage rate was TRY3,577.50 (gross). As of 1 January 2022, this has increased to TRY5,004.00 (gross). The new rate applies from 1 January 2022 to 31 December 2022.
The minimum wage applies to all employees, regardless of age, industry and…
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As per article 9 of the Regulation on Licencing, which regulates “Abridged Application”, if a pharmaceutical has been licenced before, it is not necessary to repeat the tests and research and the data of these tests doesn’t have to be submitted for licencing again, only referencing to the licence information of the pharmaceutical that is pre-licenced is sufficient.
However, due to the obligation of the product which is subject to the reference application must be basically…
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Abstract: The Ministry of Health published the Regulation on Remote Provision of Healthcare Services regulating the telemedicine activities.
The telemedicine is one of the areas that is not clearly regulated under Turkish law. Within the scope of existing legal framework, the Medical Deontology By-law and Ethical Principles for Physicians prohibit remote examination, diagnosis and treatment of patients.
During the COVID-19 pandemic, the legal gap on telemedicine became a more…
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Before the Turkish Commercial Code numbered 6102 and dated 01.07.2012 (the “new TCC”) came into effect, the “additional workplace” practice was present, and accordingly, companies used to register their warehouses or offices, which are outside the headquarters, as additional workplaces before the trade registry.
However, with the new TCC coming into effect, the “additional workplace” practice was replaced by the “branch” organization, and with the secondary legislation, a…
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1. What are the principal sources of law and regulation relating to patents and patent litigation?
At national level, the main sources of patent law are the:
Industrial Property Code No. 6769 (IP Code).
Regulation on the Implementation of the IP Code.
Regulation on Employees' Invention, Inventions Realised in Higher Education Institutions and Inventions Realised as a Result of Publicly Funded Projects.
Regulation on the Implementation of the…
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Country Specific Issues - Legal System (civil/common law)Law ReferencesIndustrial Property Code No. 6769 of December 22, 2016 (Industrial Property Code)
Regulation on the Implementation of the Industrial Property Code No. 6769 (Implementing Regulation under Industrial Property Code)CommentaryTurkey has a civil law system. There used to be individual legislations (Decree Laws) for each intellectual property right and registered design rights were protected under the provisions…
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On 5 January 2022, the Turkish Medicines and Medical Devices Agency (Agency) announced on its website that a guideline on drugs that are counterfeit, smuggled or out of the legitimate supply chain has been published. The guideline aims to define the responsibilities of stakeholders in combatting drugs that are counterfeit, smuggled or out of the legitimate supply chain and to guide the procedures to be carried out accordingly. Notably, the guideline:
States that regulated…
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• The long-awaited TRABIS System, which replaces the Nic TR system, will become effective in the near future• The most important change is that extensions such as ‘com.tr’, ‘org.tr’, ‘net.tr’ will be allocated on a ‘first come, first-served’ basis• A new dispute resolution mechanism is due to come into effect
Since 1998 Nic TR, under the Middle East Technical University, has been authorised by ICANN to register and manage ‘.tr’ domain names. Recently, it has been announced…
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Transparency International, a non-governmental organization combatting corruption worldwide, released the 2022 Corruption Perceptions Index (“CPI”) on January 25, 2021. As a composite indicator, the Index combines various sources to measure the perceptions of businesspeople and country experts, on corruption in the public sector. Accordingly, it ranks 180 countries/territories by their perceived level of public sector corruption on a scale from 0 (highly corrupt) to 100 (very…
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The trigger point and the timing of a request for a precautionary injunction (PI) is crucial. However, in pharmaceutical patent enforcement, most damage occurs from the launch of the Gx product, which can account for a price cut of as much as 40% from the originator’s drug. Therefore, the PI must be filed and granted before the Gx launches, yet while there is sufficient proof available to overcome the so-called Bolar exemption hurdle. The PI filing date serves this aim…
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