Jurisdictional Conflicts in Global FRAND Cases and the EU's WTO Complaint against China for Alleged Violation of TRIPs
Anti-suit injunctions ("ASI") issued by Chinese courts, which prevent parties of proceedings concerning standard-essential patents ("SEPs") from bringing proceedings against each other in different countries, have become one of the controversial issues in these proceedings, highlighting the "jurisdiction of the court". As is known, in the case of SEPs, the first issue that confronts the patent holder and the company implementing the SEP is whether a licence has been asked… »
Turkish Court of Cassation’s Recent Approach to Public Policy in Enforcement and Setting-Aside of Foreign Arbitral Awards
In general terms, public policy is defined as a set of rules and principles ensuring a smooth conduct of public services, a state’s security and safety, and compliance of the relationship between individuals with the principles of peace and ethics[1]. Due to its conceptual nature and vulnerability to a turmoil of different interpretations, violation of public policy appears as one of the most prevalent counter arguments in enforcement and setting-aside proceedings of foreign… »
The Long-Awaited Amendments to the Turkish Personal Data Protection Law Has Been Enacted
The Law No. 7499 on Amending the Code of Criminal Procedure and Certain Laws (“the, which includes the long-awaited amendments to the Turkish Personal Data Protection Law (the “Law”) and is also referred to as the 8th Judicial Reform Package, was published in the Official Gazette dated 12 March 2024 and numbered 32487. Significant changes regarding the processing of sensitive personal data, cross-border transfer of personal data, administrative sanctions and legal remedies… »
Does Artificial Intelligence Tell the Truth?
Being aware of the fact that technological developments have diversified the ways in which commercial advertisements are created and presented to consumers, the Advertisement Board ("Board") scrutinizes the advertising content created by artificial intelligence. In Turkey, there is no regulation that directly addresses advertisements created by using artificial intelligence. The Board reviews these advertisements in accordance with the general principles of truth and good… »
Combating Counterfeit and Smuggled Drugs
Foreign pharmaceutical trademarks, in principle, are registered in the name of the companies in the countries where they are established, and trademark protection procedures are managed by those companies. Although affiliates in Türkiye are not a party to trademark protection proceedings, since they become the marketing authorization holders of the drug, they are considered the relevant addressee of the Ministry of Health (“MoH”) in all transactions related to the… »
New Legislation on IP Infringement on e-Commerce Platforms
Law No. 7416, amending E-Commerce Law came into effect on January 01, 2023. This law obliges e-commerce platforms to take down a product if they receive a legitimate complaint alleging that a violation of intellectual and industrial property rights has occurred on their platform. According to Law No. 7416, the general principle is that the intermediary service provider (i.e., the platform) is not responsible for the illegality of the content offered by the service provider.… »