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Insights

We share our knowledge and expertise to update our community and clients about legal developments in Türkiye.

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Impact of EPO Proceedings and EPC Provisions on National Actions

Since Turkey’s inclusion as a member of the EPC, a hot topic has been the enforcement or invalidity of Turkish validation of European Patent(s) (“EP”) while proceedings before the European Patent Office (the “EPO”) are pending. Once an EP is validated in Turkey, it becomes a national patent. For EPs, the Office seems to have transferred its powers and duties to the European Patent Office; therefore, it functions as an institution that carries out only some procedural… »

Assessment of Individual Character of a Design in Turkey

A recent case clarifies the role of the informed user and freedom of choice in Turkish design law. Mutlu Yıldırım Köse and İrem Girenes Yücesoy explain. Design law enables designers to protect the appearance of a product. According to the Turkish Industrial Property Code (IP Code), to obtain design protection, a design must be new and have individual character. In order to consider whether the design has individual character, the overall impression produced by it on the… »

Influencer Marketing and Social Media Influencers

Updates -

In Turkey, until recently, there were no special provisions, laws, regulations or self-regulating rules relating to advertising through social media. In this respect, general advertising rules and principles were to apply. The control and supervision of advertisements on social media were also subject to the laws, regulations and provisions which apply to advertisements conducted through other media channels. It was considered that the advertisements published on social media… »

18+ Markings for Products with Rainbow Themes

Updates -

Advertisement Board, with its highly controversial decision on November 2020; deemed the promotions and the sales of products such as t-shirts, sweatshirts, coffee mugs, phone cases, beach towels offered for sale on various e-commerce sites with expressions ”normal”, “LGBT”, “LGBT Power”, “Equality, Bisexual, Freedom, Lesbian, Gay, Love is Love, Homosexual”, LGBT Relationship”, “Love is Love”, “Pride”, “Peace”, “Love is Love”, and rainbow themes without +18 markings against… »

Coronavirus Related Health Claims

Updates -

After the first COVID-19 case encounter in our country, the advertisements of the food supplements and foods with health claims and nutrition claims have increased. The said products have been advertised and promoted to consumers on diverse platforms, including TV, radio and online platforms. Competent legal authorities launched investigations since some food supplements advertised are not even authorised for sales, and some made misleading health claims in their advertising.… »

Sanctions on Food Supplement Ads on Social Media

Updates -

In its meeting dated 14.07.2020 and numbered 299, the Advertisement Board imposed sanctions against the advertisement of a food supplement with the false health claim by various celebrities and ordered to cease the broadcast of food supplement’s advertisement and imposed administrative monetary fine corresponding to 104.781 Turkish Liras against each celebrity who advertised the product on his / her social media page as well as the advertiser. The Advertisement Board examined… »

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