Are Clinical Trials Excluded From Patent Protection in Turkey?
The Turkish IP Law (6769) rules on acts that constitute patent infringement and acts that are excluded from patent protection. However, when it comes to evaluating whether clinical trials in Turkey should be excluded from patent rights, it is important to take the experimental use exemption under Article 85/3(b) and the Bolar exemption under Article 85/3(c) into consideration. Unfortunately, this is easier said than done. No case law in Turkey clarifies which acts are… »
Discovery of Evidence Requests and the Scope of Bolar Exemption
Discovery of evidence requests are specially regulated under the Turkish Code of Civil Procedure No. 6100. The discovery of evidence enables determining a fact that is not yet examined in an ongoing action or a fact that will be put forward in a future action. It must be emphasised that, unlike the US and UK systems, there is no full and frank disclosure procedure under Turkish civil law. In other words, the parties may decide, at their discretion, which documents they will… »
Impact of EPO Proceedings and EPC Provisions on National Actions
Since Turkey’s inclusion as a member of the EPC, a hot topic has been the enforcement or invalidity of Turkish validation of European Patent(s) (“EP”) while proceedings before the European Patent Office (the “EPO”) are pending. Once an EP is validated in Turkey, it becomes a national patent. For EPs, the Office seems to have transferred its powers and duties to the European Patent Office; therefore, it functions as an institution that carries out only some procedural… »
Assessment of Individual Character of a Design in Turkey
A recent case clarifies the role of the informed user and freedom of choice in Turkish design law. Mutlu Yıldırım Köse and İrem Girenes Yücesoy explain. Design law enables designers to protect the appearance of a product. According to the Turkish Industrial Property Code (IP Code), to obtain design protection, a design must be new and have individual character. In order to consider whether the design has individual character, the overall impression produced by it on the… »
Influencer Marketing and Social Media Influencers
In Turkey, until recently, there were no special provisions, laws, regulations or self-regulating rules relating to advertising through social media. In this respect, general advertising rules and principles were to apply. The control and supervision of advertisements on social media were also subject to the laws, regulations and provisions which apply to advertisements conducted through other media channels. It was considered that the advertisements published on social media… »
18+ Markings for Products with Rainbow Themes
Advertisement Board, with its highly controversial decision on November 2020; deemed the promotions and the sales of products such as t-shirts, sweatshirts, coffee mugs, phone cases, beach towels offered for sale on various e-commerce sites with expressions ”normal”, “LGBT”, “LGBT Power”, “Equality, Bisexual, Freedom, Lesbian, Gay, Love is Love, Homosexual”, LGBT Relationship”, “Love is Love”, “Pride”, “Peace”, “Love is Love”, and rainbow themes without +18 markings against… »
Coronavirus Related Health Claims
After the first COVID-19 case encounter in our country, the advertisements of the food supplements and foods with health claims and nutrition claims have increased. The said products have been advertised and promoted to consumers on diverse platforms, including TV, radio and online platforms. Competent legal authorities launched investigations since some food supplements advertised are not even authorised for sales, and some made misleading health claims in their advertising.… »
Sanctions on Food Supplement Ads on Social Media
In its meeting dated 14.07.2020 and numbered 299, the Advertisement Board imposed sanctions against the advertisement of a food supplement with the false health claim by various celebrities and ordered to cease the broadcast of food supplement’s advertisement and imposed administrative monetary fine corresponding to 104.781 Turkish Liras against each celebrity who advertised the product on his / her social media page as well as the advertiser. The Advertisement Board examined… »
The Scope of the Gifts Given Along with Foods
In its decision dated 11.02.2020 and numbered 2019/9931, the Advertisement Board examined a campaign regarding free ice tea coupons accompanying potato chips and the advertisement of the referred products. The Advertisement Board held that the said campaign and the referred advertisements are compliant with the Consumer Protection Law numbered 6502 and the Advertising Regulation and imposed no sanction against these promotions. Shortly after the decision mentioned above, in… »
Sanctions against Unfair Price Increases
Due to the rapid expansion of the COVID-19 pandemic in Turkey and worldwide, demand for protective masks, sanitisers, cleaning products and foodstuff significantly increased. Some companies exorbitantly and inequitably increased prices of such goods, substances and materials, which the consumers intensively demanded during this outbreak. The Advertisement Board, in March 2020, ordered a decision for suspension of the referred actions and imposition of 10.090.060 Turkish liras… »
Unfair Price Assessment Board
During the COVID-19 outbreak, some entities exorbitantly increased the prices of masks, disinfectants, colognes, wet wipes and foodstuff against the standards of professional care in contrast with the normal functioning of the market and in a way that is negatively affecting the usual purchasing behaviour of the consumers. By taking the exorbitant price increases into account, an additional article titled “Exorbitant price increase, stockpiling and Unfair Price Assessment… »
Defamation in Advertisements
The Advertisement Board, rendered in its decision in the last month of 2020, proving its sensitivity towards Turkish cuisine and food culture, ruled that advertisements for a canned seafood product to be permanently suspended. In the advertisement broadcasted on television channels and social media accounts of the advertiser, the couple who would like to dine out is on the street with various restaurants selling food from Turkish cuisine. However, the non-hygienic attitude of… »