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Hidden Traps in Subscription Agreements: Dark Patterns

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The Advertisement Board (“Board”) closely monitored dark patterns on online user interfaces that facilitate consumers to enter into subscription agreements, and which might deceive, coerce, manipulate consumers into making choices that may not be in their best interests. Dark patterns are broadly considered deceptive commercial practices under the Commercial Advertising and Unfair Commercial Practices Regulation which defines “The use of guiding interface designs, options, or… »

Advertising Alcohol on Social Media

In Türkiye, the advertising, promotion, and similar activities related to alcoholic beverages are prohibited across all communication channels, including television, radio, cinema, print media, and digital platforms. Therefore, it is not permitted to promote or advertise alcoholic beverage brands in any way. This restriction also includes advertisements made through social media influencers. The Advertisement Board has scrutinised hidden advertisements of alcoholic beverage… »

Decisions of the Advertisement Board on the Use of Google Ads

During its meeting in March 2024, the Advertisement Board examined sponsored advertisements placed by certain companies via Google Adwords/Google Ads, in which registered trademarks of competitor firms were used as keywords. Accordingly, the Board imposed a suspension penalty on advertisements where a company's trade name and trademark used to identify its services were selected as keywords by other companies, on the grounds that such advertisements were misleading to… »

Advertisement Board’s Approach to Environmental Claims

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The Advertisement Board (“Board”) reviewed numerous advertisements containing claims related to the environment in accordance with the Regulation on Commercial Advertising and Unfair Commercial Practices (“Regulation”), as well as the Guideline on Advertisements Containing Environmental Claims. The Board’s evaluation provided practical guidance for interpretation of environmental claims’ compliance to law. The Board examined the environmental claims in a cosmetic company’s… »

Is It Really Better?

Article 8 of the Regulation on Commercial Advertisement and Unfair Commercial Practices (“Regulation”) permits comparative advertisements under specific conditions. Subparagraph (a) of the paragraph 1 of the article requires that such advertisements “should not be misleading or deceptive”, while subparagraph (f) mandates that “claims based on objective, measurable, and numerical data must be substantiated by scientific tests, reports, or documents”. The Regulation also… »

New Rules for Content Ratings in Television Programs

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The Regulation on Broadcasting Services (“'Regulation”) was amended by the Radio and Television Supreme Council and these amendments were published in the Official Gazette No. 32575 on 13 June 2024. These recent amendments are particularly relevant for news programs and, in some cases, live broadcast programs. The amendments introduced the following new rules, which are also in concern with the content rating for television programs: The Content Rating requirement is now… »

The New Era in Administrative Sanctions of the Advertisement Board

In 2024, significant changes and developments occurred regarding the administrative sanctions of the Advertisement Board. The Law No. 7529 on Amendments to the Consumer Protection Law and Certain Other Laws, published in the Official Gazette No. 32707 dated 30 October 2024, introduced significant changes as of the date of publication, particularly concerning the administrative fines imposed by the Advertisement Board and the reconciliation against administrative fines. The… »

Long-awaited Secondary Legislation for Administrative Revocation of Trademarks Finally Published

The Patent and Trademark Office obtained the authority to revoke trademarks on 10 January 2024 Fourteen months later, the office published a regulation concerning the implementation of the administrative revocation of trademarks A key novelty is that, in addition to the application fee, the requesting party must also pay an escrow fee  Background The administrative revocation of trademarks was introduced with the entry into force of the Industrial Property Code No 6769 on… »

Turkish Regulation on the Implementation of the Administrative Revocation of Trade Marks Is Finally Published

With the entry into force of the Industrial Property Code no. 6769 (“IP Code”) on 10 January 2017, the administrative revocation of trade marks has been introduced into Turkish Trade Mark Law and revocation proceedings are entrusted to the Turkish Patent and Trade Mark Office (“the Office”) instead of Turkish Courts. However, the implementation of administrative revocation was postponed for 7 years, and during this transition period, revocation requests continued to be filed… »

Artificial Intelligence and Trademark Law

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One of the areas where the impact of artificial intelligence (AI) technologies have been intensively discussed is trademark law; while the changes brought about by this technology make attempt to provide innovative and effective processes in terms of registration processes and determination of infringement, it also makes it necessary to re-evaluate the basic concepts of trademark law. This year, as in previous years, the use of AI technologies by the authorities in relation… »

Insights from ICANN 81 and Domain Name Disputes in Türkiye

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The 81st ICANN meeting (ICANN 81) was held in Istanbul, Türkiye, in November 2024, offering a significant platform for global discussions on internet governance, domain names, and online policy. The ICANN 81 meeting underscored the importance of evolving global internet governance, particularly through advancements in the New gTLD Program and initiatives like the Registration Data Request Service (RDRS). While these developments highlight strides toward inclusivity and… »

Trademark Protection for Work Titles: Challenges and Insights

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Article 83 of Law No. 5846 on Intellectual and Artistic Works stipulates that the names of works can be protected independently of the works themselves under the provisions on unfair competition. Our assessment of this protection is discussed in our article, 'Protection of Work Titles'1. An important aspect of work title protection is their registration as trademarks. In practice, it is common for elements of cinematographic works, such as characters and locations, as well as… »

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