The need for legal regulation regarding crypto assets has been discussed for a considerable time. With the amendments made by Law no. 7518 (the “Law”) introduced to the Law on Capital Markets no. 6362, published in the Official Gazette numbered 32590 dated July 2, 2024, a comprehensive legal basis for crypto assets has been established within the Turkish legal framework for the first time. The Law has authorized the Capital Markets Board (the “Board”) for drafting secondary…
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The Guidelines for the Calendarization Process of Medicinal Products for Human Use (the “Guidelines”) aims to regulate the process for the market authorization applications on medicinal products for human use filed with the Turkish Medicines and Medical Devices Agency (the “Agency”). The Agency has determined the procedures and principles for calendarization processes of the applications found eligible in the pre-assessments. The Guidelines has been initially…
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Article 8 of the Regulation on Commercial Advertisement and Unfair Commercial Practices ("Regulation") permits comparative advertisements under specific conditions. Subparagraph (a) 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." Additionally, Article 9, titled "Burden of Proof," specifies…
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In the 1st paragraph of Article 6 of the Industrial Property Law no. 6769, which regulates the relative refusal grounds in trademark registration, the existence of a likelihood of confusion requires the condition of “identicalness or similarity” of the trademarks along with the similarity of the goods and/or services. During the evaluation of the similarity between the trademarks, the focus is commonly gathered on visual, aural and semantic similarity. The existence of any…
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With the on-site inspections and investigations conducted by the Competition Board (“Board”) in recent years, against innovation-oriented technology companies, pharmaceutical companies, and companies operating in the information technology sector due to competition violations in labor markets, a need has arisen to provide clarity regarding the application of the Law on the Protection of Competition (“Law”) to labor markets and how anti-competitive agreements that restrict…
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In the second quarter of 2024, the Turkish Medicines and Medical Devices Agency (the “Agency”) published an announcement on its website, opening the Draft Regulation on the Promotional Activities of Human Medicinal Products and Food for Special Medical Purposes (the “Draft”) for external comments. Significant amendments proposed in the initial version can be reviewed by clicking here.
Updates have been made to the Draft based on the opinions of sector stakeholders. The…
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