1. Regulatory and institutional structure
Summarise the regulatory framework for the communications sector. Do any foreign ownership restrictions apply to communications services?The main legislation governing the communications sector is the Electronic Communications Law No. 5809 and dated 5 November 2008 (the ECL). The ECL provides the main principles regarding the authorisation of the operators, their obligations and the powers granted to the Information and Communication…
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Most of the articles of Law No 5,000 on the Establishment and Functions of the Turkish Patent and Trademark Office were revoked by Decree-Law No 703, which was published in the Official Gazette (No 30473 3rd bis) on 9 July 2018 within the framework of the adaptation to the new presidential government system.
With the aim of harmonising the structure of some administrative institutions, including the Turkish Patent and Trademark Office, with the Constitution, Article 86 of…
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When the Turkish Data Protection Act entered in force back in 2016, it provided a two-year period for data controllers to bring their data protection policies in conformity with the new law. Since the April 7 expiry of this transition period there has been a boom in the area of data protection similar to what has recently happened in Europe with the General Data Protection Regulation’s entry into force.
Although it seems for the time being that the focus is mostly on this…
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Decree-Law No 703 revoked most articles of Law No 5,000 on Establishment and Functions of Patent and Trademark Office
This created some ambiguity as to legal basis for office’s existence
Presidential Decree No 4 re-established Patent and Trademark Office
With the aim of harmonising the structure of some administrative institutions, including the Turkish Patent and Trademark Office, with the Constitution, Article 86 of Decree-Law No 703 revoked all the provisions of Law No…
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Turkey has welcomed the new Intellectual Property Code (the IP Code) numbered 6769. This came force on January 10 2017.
One of the major changes in the new IP Code is an explicit provision in Article 155 preventing later dated IP registrations being submitted as a defence in infringement actions.
Before the IP Code, there was established case law from the Court of Appeals stating that use of a registered IP right could not be prevented until the invalidation of the right was…
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Increase in Euro exchange rate set for pharmaceuticals
Dicle Doğan and Nehir Aydeniz, Gün + Partners
The Euro exchange rate set for the pricing of medicines is to increase by 2.5% for some products due to the introduction of a new article in the Council of Ministers’ Pricing Decree. Prices for medicines will also increase due to changes made to mandatory discounts that are applied to purchases of some categories of medicines made by the Social Security Institution (SSI).
The…
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The Supreme Court recently issued a decision concerning an employee’s dismissal for borrowing money from their employer’s customer. The Supreme Court reversed the first-instance labour court decision and ruled that the termination was lawful based on the fact that the employee had acted against the rule of integrity and honesty and damaged the employer’s reputation.
Facts
The employee worked as a medical representative and went to another city in eastern Turkey for work…
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Introduction
The Law amending the Enforcement and Bankruptcy Law and Other Laws (the Amendment Law) was published in the Official Gazette 30361 and entered into force on 15 March 2018. The most significant amendments introduced to the Enforcement and Bankruptcy Law are:
the abrogation of the postponement of bankruptcy procedure; and
the adoption of a more efficient and functional structure for the composition with creditors procedure, which is a court-approved agreement…
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General – Medicinal Products
1.1 What laws and codes of practice govern the advertising of medicinal products in your jurisdiction?
In Turkey, advertising of medicines is governed by the Pharmaceutical and Medical Preparation Law No. 1262 (the Law No. 1262) and the Regulation on Promotional Activities of Medicinal Products for Human Use (the Promotion Regulation), which is based on the former.
The Promotion Regulation is published on July 3, 2015 by replacing the…
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The Labour Courts Act 7036, which came into effect on 25 October 2017, introduced a number of changes (eg, mandatory mediation) and amended the appeal procedure for labour disputes. Previously, parties were entitled to appeal labour court decisions within eight days from the final decision being issued. However, the eight-day appeal period was criticised by scholars for not being in line with the Procedural Code, under which the appeal period starts from the service of the…
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In-vehicle emergency call systems, which have been in use for a long time, are defined as systems within vehicles activated either automatically or manually that establish a connection with 112 emergency call centers in cases of an emergency.
Legislation regulating in-vehicle emergency call systems has been on the agenda of the European Union since 2007. The Regulation 2015/718 Concerning Type-Approval Requirements for the Deployment of the e-Call in-Vehicle System Based on…
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