Has the government introduced any laws and/or issued guidelines around remote-working arrangements? If so, what categories of worker do the laws and/or guidelines apply to – do they extend to “gig” workers and other independent contractors?
Article 14 of the Turkish Labour Act (TLA) defines remote working as a contractual employment relationship in which employees carry out their duties from home or other locations outside the workplace, sometimes through digital platforms.…
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Key aspects of intellectual property right assignments
Definition of IP Rights
Does the definition of "Intellectual Property Rights" in Standard document, Assignment of intellectual property rights: Cross-border: clause 1.1 include any rights that are not recognised in your jurisdiction? If yes, what are those rights?
Standard document, Assignment of intellectual property rights: Cross-border: clause 1.1 does not include any rights that are not recognised in Turkey…
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Key aspects of intellectual property licensing
Degree of exclusivity
Describe what is understood by each of the below terms in your jurisdiction.
Exclusive licence
Under the Industrial Property Code No. 6769 (IP Code), an exclusive licence is a type of licence under which the licensor cannot issue a licence to any person other than the exclusive licensee and cannot use the licensed intellectual property (IP) rights unless they explicitly reserve this right.
Non-exclusive…
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I. PRE-FILING REQUIREMENTS/DEMAND LETTERS
Although it is not mandatory to send a demand letter before instituting proceedings in this jurisdiction, it is common to send such a letter.
Although it is not mandatory to attempt to settle with the other party before instituting proceedings in this jurisdiction, it is commonly done.
It is neither mandatory nor common to engage in mediation or other alternative dispute resolution proceeding with the other party before…
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1 Identify the highest-profile corporate investigation under way in your country, describing and commenting on its most noteworthy aspects.
There have been several criminal investigations in public health or education institutions regarding bribery and misconduct. However, none of them can be identified as high-profile corporate investigations. Instead, the focus during the past year regarding compliance-related issues appears to have been on administrative and regulatory…
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A Q&A guide to the commercialisation of healthcare in Turkey.
This Q&A provides an overview of the regulatory framework for the commercialisation of medical products in Turkey. It covers the key requirements for manufacturing, marketing and advertising medicines, medical devices, biological products and natural health products.
Medicines
1.What is the definition of medicine (or equivalent) in your jurisdiction?
Under the Law on Pharmaceuticals and Medical Preparations…
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1. GOVERNING TEXTS
1.1. Legislation
There is no specific legislation applicable to cookies and similar technologies. However, to the extent that cookies and similar technologies include or may be used to collect any data related to an identified or identifiable individual (personal data), then Law on Protection of Personal Data No. 6698 ('the Law') and its secondary legislation are also applicable to cookies and similar technologies which may be used by data controllers…
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COVID-19 outbreak, which was announced to be a pandemic by the World Health Organization on 11 March 2020[1], had inevitable impacts on corporate compliance processes due to the evolving business and workplace practices. In parallel with the increase in remote working, along with the psychological and financial distress on individuals emerging from the crisis, many companies have come up against a changing landscape for fraud with a rising number of fraud cases, as well as…
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The following statements are intended to help clarify the current legal situation caused by COVID-19 in terms of contracts and are valid for contractual relations subject to Turkish law. If contracting parties choose a law other than Turkish law as the law to be applied to the contract, the following statements may not apply. In such cases, the matter would have to be interpreted according to the law under which the contractual relationship is governed.
1. What is Force…
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1. Can processing personal data for the purpose of protecting public health within the scope of the struggle and measures taken to prevent the Covid-19 epidemic and its risk be considered as an exception under the Personal Data Protection Law in Turkey? What are the legal reasons for data processing within this scope?
Under Article 28 of the Law on the Protection of Personal Data No. 6698 ("Law No. 6698"), cases that may be exempted from the application of the Law are listed.…
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Sources of law
1. What are the main areas of law and regulation relating to product liability?
Turkey does not currently have specific legislation on product liability. However, the Product Safety and Technical Regulations Law 7223, which will enter into force on 12 March 2021, introduces a specific liability regime. This answer refers both to the current law and to the new product liability regime under Law 7223.
Product liability claims of a commercial nature are based…
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1. Will there be any loss of rights due to the failure to file patent applications or to make other transactions on time because of the COVID-19 pandemic?
Pursuant to provisional article 1 of The Law on Amendment of Certain Laws No. 7226 (“Law No. 7226”), which enacted by the Turkish Grand National Assembly (“Assembly”) on 25 March 2020, any and all terms in scope of the acquisition, use or extinction of a right, including the terms for filing lawsuits, enforcement…
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