The principle of sustainability initially emerged as a corporate social responsibility notion under the management activities of companies and then, brought along the necessity for companies to act ethically and responsibly towards their stakeholders. The elements of environmental, social and economic sustainability are collectively at the core of corporate social responsibility and this concept is based on the responsibility of companies towards society.
It is observed that…
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As of January 2024, there are 57.50 million social media users in Türkiye[1], and digital platforms hold the largest share of advertising investments at approximately 71.2% for the year 2024[2]. Within these digital investments, social media influencers account for 5%, underscoring their significant role in shaping consumer behaviour. Given the influence of social media influencers on consumption patterns, the importance of adhering to legal regulations concerning…
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Evaluating Disparaging Practices against Competitors in the Pharmaceutical Sector: A Competition Law Perspective
The competition investigation initiated by the European Commission (the “Commission”) against Vifor Pharma on June 20, 2022, has attracted attention due to the fact that this is the first investigation in which the act of disparaging competitors will be considered as a violation of competition law alone. Competition investigations launched against pharmaceutical…
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The World Health Organization (WHO) gives pharmaceutical substances international non-proprietary names (INNs) so that each substance can be identified by a distinct name. However, pharmaceutical trade marks cannot be composed entirely of INNs.
The rulings of the Court of Cassation (the CoC) indicate that while pharmaceutical trade marks can be derived from INNs, they cannot consist solely of these names.
For instance, an action was filed claiming that the defendant’s trade…
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Article 10 grants trademark owners the right to request the transfer of a trademark in case of unfair registration in the name of a commercial agent and/or representative
The provision offers an underestimated and rarely applied tool for genuine trademark owners
A recent Court of Cassation decision involving the marks HOLLIS and OCEANIC highlights the significance of this provision
Relevant rule of law
Article 10 of the Industrial Property Code (“the IP Code”) reads as…
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The well-known trademark registry of the Turkish Patent and Trademark Office (the Office) became a discussion topic after the Turkish Court of Cassation decided in 2020 that the Office has no authority to create and maintain a registry for well-known trademarks (see Turkey: Well-known trademark registry is again open for debate).
First-instance intellectual property courts and regional courts of appeals adopted this decision immediately and changed their practice, whereas…
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Influencer marketing through social media influencers has achieved giant growth in the advertising sector. Brands, including global and local ones, co-operate with social media influencers to advertise their brands, goods and services because social media influencers are very capable of directing the consumers’ buying habits into certain brands via the presentations, recommendations and compliments they make.
Similarly, based on global research statistics, Türkiye ranks…
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Artificial intelligence influences every aspect of our lives and creates revolutionary effects in the pharmaceutical industry as well as in many other sectors. From DeepMind's AlphaGo success to Tempus' personalized approaches to cancer treatment, AI-enabled innovations offer not only scientific achievements, but also wide-ranging advantages such as operational efficiency, cost reduction and risk reduction. However, this technological leap also raises critical questions about…
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Artificial Intelligence (AI) is one of the rapidly advancing technologies that is increasingly being used in practice. AI, which has found widespread application in both the public and private sectors, has become a major agenda item in Turkiye as well.
The development and widespread adoption of these applications offer opportunities for increased efficiency in various sectors. However, unlike the regulations established in the European Union, Turkiye currently does not have…
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The Law No. 7529 on Amendments to the Consumer Protection Law and Certain Other Laws was published in the Official Gazette dated 30 October 2024 and numbered 32707. The law introduced amendments particularly to the direct sales provisions and administrative fines ruled by the Consumer Protection Law, as well as to the E-Commerce Law. Some amendments took immediate effect upon its publication date, while others will come into force later.
Key Amendments to the Consumer…
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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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Introduction
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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