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    Contributors Özdağıstanli Ekici Attorney Partnership

    Contact Information
    • Address: Nidakule Ataşehir Kuzey Begonya Sok. No: 3 K: 17 B: 162 Ataşehir 34746, Istanbul
    • Email: [email protected]
    • Phone: +90 216 230 07 48
    • Website: www.ozdagistanliekici.com

    Ozdagistanli Ekici is a new generation law firm that combines the values of the traditional law firm, with the values and qualities that are required to stay on top in today’s challenging business environment.

    We believe in change, innovation and disruption while we remain committed to the traditional values of our profession such as accountability and trust.

    We want our clients to stay on top of the changing environment and dynamics of the legal landscape and be the creator of such change instead of reacting to those changes. And if a reaction to a change is required, we strive to make sure that such reaction is based on legal advice that is efficient, objective and applicable to business.

    At Ozdagistanli Ekici, we have a sector specific approach to make sure that we understand the sector specific dynamics and legal landscape that our clients are facing. Thanks to this approach, we are able to provide comprehensive and commercial legal advice to help our clients lead the change or face the issues they are facing with confidence. While doing so, we also prepare our clients for future challenges and issues that they may face in their sector.

    We have a large portfolio of multinational and local clients across different sectors and industries including Automotive, Consumer Goods, Food and Retail, Education, Energy and Natural Resources, Financial Services and Fintech, Information Communication Technologies, Insurance, Life Sciences and Health Care, Media, Sport, Gaming and Entertainment and Technology.

    We are committed to provide the commercially sound legal advice and solutions on a timely and professional manner to continue to support our clients to be leaders in their sectors.   

    Key Contacts

    Technology, Media and Telecom, Data Protection, Electronic Commerce, Fintech, Gaming
    Intellectual Property, Media and Entertainment, Consumer Protection, Electronic Commerce

    Awards

    Technology, Media and Telecom, Data Protection, Intellectual Property, Electronic Commerce, Fintech
    Technology, Media and Telecom, Data Protection, Electronic Commerce, Fintech, Gaming
    Technology, Media and Telecom, Data Protection, Intellectual Property, Electronic Commerce, Fintech
    Intellectual Property, Media and Entertainment, Consumer Protection, Electronic Commerce
    Technology, Media and Telecom, Data Protection, Intellectual Property, Electronic Commerce, Fintech
    Technology, Media and Telecom, Data Protection, Intellectual Property, Electronic Commerce, Fintech

    Transfer of Moral Rights Over Works

    Copyrights are protected by the Law on Intellectual and Artistic Works with numbered 5846 (“IPL”), but there is no clear definition related to the copyrights in the IPL. The definition of copyright made by the General Directorate of Copyrights is “the legal rights on the products created by the individual with all kinds of intellectual effort.”
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    Eserler Üzerindeki Manevi Hakların Devri

    Telif hakları 5846 sayılı Fikir ve Sanat Eserleri Kanunu (“FSEK”) ile koruma altına alınmaktadır ancak FSEK’te açık bir tanımı bulunmamaktadır. Telif Hakları Genel Müdürlüğü tarafından yapılan telif hakkı tanımı “Kişinin her türlü fikri emeği ile meydana getirdiği ürünler üzerinde hukuken sağlanan haklardır.” şeklindedir. Yukarıda yer alan tanımdan da anlaşılacağı üzere, telif hakkı özgün bir şekilde ortaya çıkan ve sahibinin özelliklerini yansıtan eserler için düzenlenen bir hukuki haktır. Bu kapsamda, telif hakkının konusu eser olarak kabul edilmektedir. Dolayısıyla, telif hakkının söz konusu olabilmesi için öncelikle bir eser olması gerekmektedir.
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    Administrative Fines to be Imposed in 2023 under the Personal Data Protection Law

    Administrative fines to be imposed in case of violation of the Law on Protection of Personal Data No. 6698 (“DPL”) are regulated in Article 18, titled “Misdemeanors”, of the DPL. Within the scope of this article, those who do not fulfill the following obligations may be subject to administrative fines ordered by the Personal Data Protection Board (“Board”):
    Burak Özdağıstanli
    Ebru Gümüş

    Actor Contracts

    According to the Law on Intellectual and Artistic Works with No. 5846 (“IPL”) one of the protected types of works is a cinematographic works. There are many kinds such as motion picture, TV series, commercial film, documentary film within the scope of works that have the nature of cinematographic works. While these works are being created, different contracts are being made with many people who contribute to these works in order to work in an organized manner. One of these contracts is the contracts concluded with the actors involved in the cinematographic works.
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    Cosmetic Product Advertisements

    Pursuant to the Cosmetic Regulation, the definition of a cosmetic product is "all preparations or substances prepared to be applied to different external parts of the human body; epidermis, nails, hairs, hair, lips, and external genital organs, or teeth, and oral mucosa; and its sole or primary purpose are to clean, scent, change appearance of, protect these parts, keep them in good condition or fix body odors".
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    Complaint to the E-Commerce Platforms in Case of Violation of IP Rights

    The Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers (“Regulation”) was published in the Official Gazette on 29.12.2022. Within the scope of this Regulation, it is aimed to determine the procedures and principles required to establish an effective and fair competition environment and to ensure the development of electronic commerce.
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    Ebru Gümüş
    Bensu Özdemir

    Turkish Data Protection Authority Started Enforcement Against Foreign Controllers

    Recently, the Turkish Data Protection Authority (“DPA”) started sending information request letters dated August 15, 2022, to foreign controllers (data controllers located outside Turkey but collect/process personal data from Turkey) that did not register with the Data Controllers’ Registry (“VERBIS”) by the deadline.
    Burak Özdağıstanli

    Regulation on E-Commerce Intermediary Service Providers and E-Commerce Service Providers

    The Law on the Regulation of Electronic Commerce was amended on 07.07.2022. Accordingly, the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers (“Regulation”) was published in the Official Gazette on 29.12.2022. Within the scope of the relevant Regulation, the obligations of electronic commerce intermediary service providers (“ETAHS”) and electronic commerce service providers (“ETHS”), unfair commercial practices in electronic commerce, illegal content, intermediation agreement, electronic commerce license and other issues related to electronic commerce are regulated.
    Burak Özdağıstanli
    Hatice Ekici Tağa
    Bensu Özdemir

    Draft Bill to Amend the Turkish Competition Law

    Turkish Competition Authority (“Authority”) prepared a Draft Bill (“Draft Bill”) in order to amend the Law on Protection of Competition with numbered 4054 (“Competition Law”) recently and shared it with various institutions to receive their opinions and evaluations.
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