The prices of pharmaceuticals to be launched on the market are determined in accordance with the Decision on the Pricing of Medicinal Products for Human Use (”Decision”) and the Communiqué on the Pricing of Medicinal Products for Human Use (“Communiqué”) dated 29 September 2017, published by the Ministry of Health, which has been authorised to regulate this area.
The Decision foresees a reference pricing system in which the lowest wholesaler price for the relevant product in…
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Legislative Framework
Applicable Legislation
1. What legislation applies to arbitration?
The main arbitration legislation in Türkiye is:
The International Arbitration Code (No. 4686), which applies to an international arbitration seated in Türkiye and to an arbitration where its application is agreed by the parties.
The Civil Procedure Code (No. 6100), which applies to a domestic arbitration.
The arbitration laws in the International Arbitration Code and the Civil…
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Existing Facilitations for Capital Loss and Over-Indebtedness Calculations are Extended until 2026
Article 376 of the Turkish Commercial Code numbered 6102 (the “TCC”) regulates the measures to be taken and the precautions to be implemented by the board of directors of the company, and the procedures to be followed in cases where the company suffers capital loss or becomes over-indebted, to ensure the protection of the financial structure of the company and to secure the…
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With the Communiqué on Maintenance of Commercial Books Not Related to the Accounting of the Business in Electronic Form (the “Communiqué”) published in the Official Gazette dated 14 February 2025, it has become mandatory for companies to keep their commercial books not related to the accounting of the business electronically as of July 1, 2025.
Books and Enterprises within the Scope of the Communiqué
The commercial books, which have been made mandatory to be kept…
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Protecting patent rights in a timely manner is crucial for original drug manufacturers, particularly in being informed of potential infringements before an infringing product enters the market.
However, information requests submitted by legal representatives of original drug marketing authorization (MA) holders regarding the authorization files of generic companies—who seek approval through an abridged application referencing the original drug—are consistently denied by the…
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Executive Summary: Data Residency in Turkey – Q&A Format
Overview
1.1 General Personal Data
Q: Can personal data be transferred abroad?
A: Yes, but under specific conditions. Before June 1, 2024, personal data could be transferred abroad only if explicit consent was obtained or if a legal basis other than consent existed. These legal bases were outlined under Article 5 of the Data Protection Law (DPL). However, the applicability of these bases was limited due to the…
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Artificial intelligence (AI) technologies, as one of the fastest-developing and most widely debated fields today, provide significant benefits to individuals and society while also posing various risks in terms of personal data protection. Recently, the widely discussed DeepSeek has been subjected to review by the European Commission and relevant data protection authorities.
The Personal Data Protection Authority (“Authority”) has issued the following recommendations for…
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With the amendment made to Article 9 of the Personal Data Protection Law No. 6698 (“Law”), titled “Transfer of personal data abroad”, standard contracts have been introduced as one of the appropriate safeguards that data controllers and data processors may rely on for the transfer of personal data abroad. With the enactment of the law amendment on June 1, 2024 with a three-month transition period for cross-border data transfers, and the publication of the Regulation on the…
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The Higher Board recognised that stricter conditions apply to the limitation of goods and services for national applications compared to international applications filed via WIPO
The limitation applications rejected by the Trademarks Department were in accordance with the law and should have been accepted
The decision emphasises that parties should be encouraged to resolve disputes through amicable agreements
Background
The Trademarks Department of the Patent and Trademark…
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Within the context of the entry into force of Article 26 of the Industrial Property Code, there have been heated discussions as to whether the administrative revocation of trademarks is constitutional
An IP court applied to the Constitutional Court to annul the office’s authority to revoke trademarks before the office was able to use such authority
The Constitutional Court rejected the application due to the court's lack of jurisdiction and did not examine the…
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Within the context of the entry into force of Article 26 of the Industrial Property Code, there have been heated discussions as to whether the administrative revocation of trademarks is constitutional
An IP court applied to the Constitutional Court to annul the office’s authority to revoke trademarks before the office was able to use such authority
The Constitutional Court rejected the application due to the court's lack of jurisdiction and did not examine the…
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Although “plagiarism” is not defined under Law No. 5846 on Intellectual and Artistic Works (“LIAW”) it is widely accepted in Turkish law as the act of using and appropriating the intellectual or artistic work of another without the permission of the owner. Similarly, “inspiration”, which does not have a clear definition or criteria in the LIAW systematic, means the creation of a new and original work by being influenced by another work. While drawing inspiration from existing…
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