Özdağıstanli Ekici Attorney Partnership

Major Update to Turkish (Nice) Classifications After Eight Years 🔔 Today, the Communiqué on the Classification of Goods and Services for Trademark Applications, published in the Official Gazette and introduced significant updates to the classification of goods and services. With this new Communiqué, the previous regulation has been repealed, and the updated classification system is now in effect. The key amendments to the Communiqué are below: ▶️ Class 9: Now includes mobile applications, cryptocurrencies (software), non-fungible tokens (Qualified Intellectual Property Deeds), and humanoid robots with artificial intelligence, laboratory robots, teaching robots, security surveillance robots. ▶️ Class 35: Design services for promotional purposes have been excluded. ▶️ Class 37: Now includes services regarding charging electric vehicles and rental of portable charging stations for electric vehicles. ▶️ Class 38: The communication services are now detailed to cover the services via telephone, computer, and other means; transmission of visual and audio messages, images, and videos via computers, mobile phones, and smart wearable devices; rental of user access time to a global computer network; internet service provider (ISP) services; and rental of communication devices. ▶️ Class 39: Now includes travel arrangement and transfer services for patients and their companions as part of medical tourism, as well as services for arranging travel visas and documents. ▶️ Class 42: Now includes inspection/expertise services for land vehicles and consultancy services in the field of computer hardware. ▶️ Class 43: Now includes accommodation and accommodation reservation services for patients and their companions as part of medical tourism. ▶️ Class 44: Now includes dentistry services, services of a psychologist, massage services, and spa (thermal water) services. Much-needed amendments to the trademark classification system reflect a shift towards an approach that aligns with new technologies, as well as the emerging services in Turkey, such as health tourism.

Trademarks are considered to be among the most valuable assets for a business, however the reputation of a trademark can be easily damaged by infringers. Check out our article for details on the mechanism for reputational compensation under Turkish law, written by Hatice Ekici Tağa, Sümeyye Uçar and Burcu Çirkinceli.

What happens when an AI tool, prompted by a user, generates something controversial, defamatory, or outright illegal? Turkey does not have an AI-specific legislation yet; but make sure to read our article (written by Burak Ozdagistanli, Begüm Alara Şahinkaya and Hatice Sahranc) analyzing how existing rules on internet broadcasts might apply.

Fostering a healthier digital environment for its younger generation is essential for every country. By prohibiting misleading claims, promoting positive values, and restricting access to age-inappropriate content, Türkiye also has comprehensive regulations to protect children from the potential negative impacts of advertising. For details, see the article by Hatice Ekici Tağa, Begüm Alara Şahinkaya and Ceren Elyıldırım.

On October 30, 2024, the Regulation on Market Surveillance and Inspection of Products Made Available to the Market Through the Means of Electronic Communication Tools, introducing novel rules on all products made available or kept on the market by means of remote communication tools, was published on the Official Gazette. The Regulation sets forth several obligations on e-commerce market players, including intermediary service providers, transport service providers and authorized representatives. For details, make sure to check out our article below, written by Hatice Ekici Tağa, Begüm Alara Şahinkaya and Ceren Elyıldırım.

On October 30, significant changes were introduced regarding direct sales rules, sanctions on advertisements and determination of e-commerce license fees. Check out our article to see the key points of the amendments, written by Hatice Ekici Tağa, Sümeyye Uçar, Begüm Alara Şahinkaya, Ceren Elyıldırım and Hatice Sahranc.

⏩ The effective date for certain obligations related to the withdrawal rights of the consumers regulated under the Distance Contracts Regulation is postponed once again, from January 1, 2025 to January 1, 2026. For details, check out our article below:

In light of the recent changes, what steps should be taken when transferring personal data? With secondary legislation, the standard contracts and BCR application forms, the legislative steps of the reform of the Personal Data Protection Law No. 6698 are now complete. Check out our article to find out the steps to be taken to ensure compliance, and the challenges to be faced in the process.

The Regulation on the Procedures and Principles on the Cross-Border Personal Data Transfers entered into force today. The Turkish Personal Data Protection Authority also announced the final texts of the standard contractual clauses and the application forms for the binding corporate rules. Check out our note below for details, written by Burak Ozdagistanli, Sümeyye Uçar and Begüm Alara Şahinkaya.

Rules on crypto assets and crypto trading platforms entered into force in Turkey today. The Law Amending the Capital Markets Law No. 6362 introduces novel provisions on crypto assets and their service providers and platforms, in addition to the custody of crypto assets, the crypto asset trading and transfer transactions. Check out our article below, detailing the new regulations.