Introduction
As a sui generis agreement under Turkish law, distribution agreement mainly contains the characteristics of a sales and purchase agreement; however, it also differs from the same since the distributor's role is not limited to simply purchasing the products from the supplier/principal and selling them to customers or end-users. Instead, in a distribution agreement, the distributor is incorporated into the distribution chain of the supplier with having the right…
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Compassionate Use Programs are designed for patients who have a serious or urgent, life-threatening disease whose treatment has been unsuccessful with available medicinal products licensed by the Turkish Medicines and Medical Devices Agency (“Agency”) in Turkey and who cannot be included in the clinical trials on this subject. The Compassionate Use Program aims to provide the drug, which is not licensed in Turkey, but licensed or not in other countries, by the company that…
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Based on statistics of a global research Turkey is among the 15 countries with the longest time of both daily internet usage and social media usage. In 2021 there were 54 million social media users in Turkey; equal to 64 percent of the country's population.
Influencer marketing through social media influencers has achieved giant growth in the advertising sector. Brands, including global and local ones, cooperate with social media influencers to advertising their brands…
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The law amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts ("Internet Law") known as Social Media Law in Turkey and the implementing regulation introduced new provisions and obligations regarding social network providers and their obligations in the second half of 2020.
As per the cited amendments "Social Network Provider" was legally defined as real or legal persons that enable users to create, view…
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On 31 December 2020, the Medicines and Medical Devices Agency published the 2021 list of the products to be supplied through Compassionate Use Programme (Turkish language).
In the published list, products are referred to by the sponsor firm, the firm that supplies the product, required diagnosis, active ingredient of the product and the maximum number of patients to whom the product can be delivered. The updated list can be followed from the website of the Agency.
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On 15 January 2021, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) on the deactivation of Product Tracking System registrations of notified bodies located in the UK following the end of the UK-EU transition period. The registrations were deactivated on the date of the publication of the announcement, although affected medical device companies will have a 60-day period to update the system with valid EC certificates (issued by the…
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In its recent decision dated 10th of November 2020 and numbered 2020/1626, the Advertisement Board, confirmed once again, its strict and tight scrutiny conducted over advertisements intended for children.
The advertisement and promotions for the brand-new “Cry Babies” dolls as well as the cartoon movie named “Cry Babies Magic Tears” which was based on these baby doll characters were found to be violating the principles for the protection of children by the Advertisement…
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Hande Hançar and Baran Güney has contributed to the Turkey chapter of Ambush Marketing: A Global Legal Perspective book which is published by Global Advertising Lawyers Alliance (GALA) in January 2021.
Description
A global legal compendium of the laws related to ambush marketing in approximately 70 countries around the globe. Written by members of the Global Advertising Lawyers Alliance (GALA) a network of the leading advertising lawyers in the world.
Executive…
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The Communiqué Amending the Communiqué on the Procedures and Principles Regarding Implementation of Article 376 of the Turkish Commercial Code No. 6102 (the "Amending Communiqué”) was published in the Official Gazette on December 26, 2020, and entered into force on the same date.
Article 376 of the Turkish Commercial Code (the “TCC”), which is also known as the provision for technical bankruptcy, provides mandatory measures to be taken by companies in the event of capital…
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The Law on the Prevention of the Financing of the Proliferation of Weapons of Mass Destruction No. 7262 (the “Law No. 7262”) was published in the Official Gazette No. 31351 on December 31, 2020. Although the Law in general sets forth the principles related to implementation of the sanctions of the United Nations Security Council regarding prevention of financing of proliferation of weapons of mass destruction, the same legislation also introduces certain amendments to the…
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Much to rights holders’ dismay, Article 141 of the Turkish IP Code 6769, which lists acts that constitute patent infringement, does not include actions constituting indirect infringement. However, a provision in Article 86 does give patentees a right to prevent indirect use. This is similar to provisions in Article 60(2) of the UK Patents Act (1977) and Part 10 of the German Patent Law. Article 86, titled as ‘Prevention of the indirect use of the invention’, states that:
The…
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The new provisions concerning social network providers which were brought by the Law Amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts, as also referred to as the Social Media Law in Turkey, entered into force on October 01, 2020.
The new obligations and sanctions introduced for social network providers have remained a hot topic since the latest amendments to the Law No. 5651. Most recently, on…
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