1. Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties, and what, if any, amendments or reservations has your country made to such treaties?
Except for multilateral treaties on family law, Turkey is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. Howev...»
Pre-conditions for distribution
1. What are the legal pre-conditions for a drug to be distributed within the jurisdiction?
Under the Regulation on Licensing of Medicinal Products for Human Use (Official Gazette No. 25705 of 19 January 2005), no medicinal product for human use can be marketed unless it is licensed in Turkey. The licence is issued by the Medicines and Medical Devices Agency (Agency) of the Ministry of Health
For placing the product on...»
As per Article 154 of the Turkish IP Law any person who has a legal interest can file an action to have the Court determine that his acts do not constitute an infringement of the intellectual property rights of a rights owner.
For a quite long time patent owners were squeezed between conflicting approaches in the implementation of, on the one hand, the legal interest condition in determination of non-infringement actions (DNI), and, on the other hand, the Bolar exemption in p...»
Barselona Temyiz Mahkemesi’nin yakın zamanda yayınlanan 12 Ocak 2019 tarihli kararında bir istemin koruma kapsamının tarifname ile sınırlanamayacağına hükmetti.
Anılan karara konu uyuşmazlıkta EP1489342 (“EP’342”) sayılı patentin sahibi açmış olduğu patent tecavüzü davası ile davalı yanın pazarladığı “valfler” ile patentin 1 numaralı istemini ihlal ettiğini iddia etmiştir.
EP’342 patentinin 1 Numaralı istemi şu şekildedir:
“1. Aşağıdaki unsurlardan oluşan üç yollu bir ...»
İngiltere ve Galler Temyiz Mahkemesi 12 Şubat 2018 tarihinde, Avrupa Birliği Anlaşması’nın 267. maddesi uyarınca Avrupa Birliği Adalet Divanı’ndan (“ABAD”) online marka tecavüzü davalarında hangi üye ülke Mahkemesinin yetkili olacağına dair bir ön karar vermesini talep etti. ABAD ise kendisine yöneltilen soruları 5 Eylül 2019 tarih ve C-172/18 sayılı kararında (http://curia.europa.eu/juris/liste.jsf?language=en&num=C-172/18) yanıtladı.
Davacı AMS Neve Birleşik Krallık’ta...»
1. What is the regulatory framework for medical products?
The healthcare system is principally governed by the Fundamental Law on Healthcare Services No. 3359, which establishes a healthcare system providing equal and equitable access and gives the Ministry of Health (MoH) authority to issue healthcare-related regulations.
The regulations of the MoH further regulate the pre- and post-market conditions for the commercialisation of medical produc...»
“In Turkey, the active population, retirees and their dependants are covered by health insurance provided by the Social Security Institution (‘SSI’). Employers must pay monthly contributions for their employees, who automatically become covered. Those who are self-employed may also benefit from this insurance coverage by voluntarily paying monthly contributions. Health insurance provided by the SSI covers practically every physical examination, test and treatment (both outpat...»
FICPI – TURKEY arranged its sixth roundtable meeting on opposition proceedings of European Patents before the European Patent Office (“EPO”), the protection of the amended version of already validated patents in Turkey following the opposition procedure and how the opposition procedures of the Turkish Patent and Trademark Office (“Office”) should be as per the new law.
Mr. Barış Atalay, who is a European and Turkish Patent Attorney and member of FICPI – TURKEY, moderated the ...»
Legislative framework and causes of action
Turkey is a party to most major international treaties relating to intellectual property, including the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Paris Convention for the Protection of Industrial Property. Turkey is also a member of international organisations such as the World Trade Organisation that have a connection with intellectual property.
At national level, the Industrial Property Code (6769...»
Law on Protection of Personal Data numbered 6698 provides under the article titled “Data Security Liabilities” that, data controllers must take all necessary technical and administrative measures to ensure the appropriate level of security to:
Prevent unlawful processing of personal data,
Prevent unlawful access to personal data,
Maintain safeguarding of personal data.
Within the scope of the same article, if the data processed is obtained/ accessed by third parties through...»
Accountability, Processing in Third Countries, and Information
(A) Are there any special requirements, by way of law of practice, for technical and organisational measures with regard to the processing of genetic-, biometric-, or health data in your jurisdiction?
Pursuant to Article 6 of the Turkish Data Protection Law numbered 6698 (“DPL”), personal data relating to the health, sexual life, biometric and genetic data are deemed to be sensitive personal data. While...»
Overview of main IPRs
1. What are the main IPRs in your jurisdiction? How are they protected?
Patents and utility models
Patents. Patents are granted for inventions which are all of the following:
Represent an inventive step (that is, surpass the current standard for state-of-the-art in a particular industry).
Capable of industrial application.
The following categories are exempted from patent protection:
Discoveries, scientific theories, and mathematical methods.