In Turkish advertising legislation, there is detailed and restricting rules for advertisements intended for children. The aim for these rules is to protect children against any kind of advertising that abuses their lack of knowledge and experience. It is clearly stated in the Adverting Regulation that advertisements that are likely to abuse children’s lack of knowledge and experience are strictly prohibited. The Advertisement Board attaches high importance to the protection…
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Within the scope of advertising restrictions on the foods that are not recommended for excessive consumption, on December 28, 2018, the Advertising Regulation introduced a new restriction stating that gifts that would appeal to the interests and taste of children shall not be given, and other similar marketing techniques that target children shall not be applied within the scope of practices which aim to increase the sales of foods of which excessive consumption is not…
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Law No. 4250 on Alcohol and Alcoholic Beverages, as well as the Regulation on the Procedures and Principles of the Sale and Marketing of Tobacco Products and Alcoholic Beverages, prohibits every type of advertisement and presentation of alcoholic beverages, prohibits campaigns, promotions, and any activity that encourages the consumption and sale of alcoholic beverages in any kind of media. This ban includes broadcasts on TV and radio, ads in the cinema, product replacement…
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In Turkey, there are no special laws relating to advertising through social media and influencer marketing via social media. General advertising rules and principles apply. Influencer marketing should also adhere to rules regarding conformity to public order, fair competition, public/moral values, and accuracy, which are main principles regulating advertising in Turkey.
Influencer marketing can be categorized as a particular form of testimonial advertising. The Regulation on…
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The amendments made in Law No. 4207 on Prevention and Control of Hazards of Tobacco Products (“Law No. 4207”), as well as the Regulation on Manufacturing, Labelling and Supervision of Tobacco Products (“Regulation”), which was prepared by the Ministry of Agriculture and Forestry, introduced the plain packaging principle for tobacco products, and amended the rules to be applied concerning health warnings on tobacco products.
The amendments in Law No. 4207, as well as the new…
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The amendments dated 27.03.2018 to Law No. 6112 on the Establishment of Radio and Television Enterprises and Their Media Services (“RTUK Law”) introduced Article 29/A to the RTUK Law, basically ruling that media service providers that make online broadcasting, and platform operators, which transmit these broadcasts via the internet, are required to obtain broadcasting licenses from the Radio and Television Supreme Council (“RTUK”). As per the same provision, media service…
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Chance-based sweepstakes (i.e. random-draw promotions, instant-win games) and skill-based contests are generally permissible in Turkey. Chance-based sweepstakes where cash is given as a prize, may only be conducted by the National Lottery Administration (“NLA”), which is the sole authority to organize lotteries and draws with a cash reward. Chance-based sweepstakes and skill-based contests, where the prize is non-cash, can be conducted by real or legal persons under specific…
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In order to contribute to human health, innovative pharmaceutical companies carry out studies that take many years and require huge amounts of investment and research, and as a result, they obtain patent protection for their inventions for a limited period of time. It is very important that the patent rights, which are limited only for a certain period of time, can be used and protected effectively. Applying for abridged marketing authorisation (MA) by referencing the…
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IP right owners suffer a huge amount of damages in some IP right infringement cases as they invest substantial amounts for their rights. Therefore, compensation claims are of vital importance for IP right owners in order to recover their damages, protect reputation and have a deterrent impact on the infringing party.
Since every IP right infringement act is primarily a tort, it is necessary to prove the wrongful act, fault of the infringing party, incurred damage and the…
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New taxes entered into our lives with the Act numbered 7194 which was published in the Official Gazette on 7 December 2019. One of these taxes is Digital Service Tax. The law provides that digital service providers are liable for this tax at a ratio of 7,5% over the revenue they generate from their digital services. The examples of such digital services include games, software, applications, music, video, online advertisement and online market place services. If tax payers…
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The First-Instance IP Court rejected a request for the invalidation of the mark WING CHUN in Classes 41 and 45, and the Court of Appeal affirmed
On further appeal, the Court of Appeal reversed its own opinion
The court held that the mark should be invalidated for some of the remaining services in Class 41
Background
In 2011 the defendant applied to register the trademark WING CHUN in Classes 41 and 45, including sports activities, educational services, organisation of…
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The world is struggling with an unprecedented crisis seen in recent human history. Governments have taken serious measures to combat the outbreak and Covid-19 was declared to be a "pandemic" by the World Health Organization. Within the scope of the measures taken, data controllers, public authorities or private companies, are in need of processing personal data with different methods to protect health and limit the spread of the infection through contact tracing and requiring…
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