Suspension of Judicial Terms Due to COVID-19 Extended
The suspension of judicial terms due to COVID-19, which was set to expire on 30 April 2020, has been extended until 15 June 2020 (for further details please see "COVID-19: suspended proceedings and judicial terms"). However, this date will be re-evaluated if the risk of spreading the virus is eliminated before the extension expires. Background The Law on the Amendment of Certain Laws 7226 suspended procedural terms until 30 April 2020 in order to prevent any loss of rights in… »
Compensatory Working under COVID-19 Measures
The COVID-19 outbreak, which was declared a pandemic by the World Health Organisation on 11 March 2020, the date on which the first case in Turkey was discovered, has inevitably had a significant impact on economic life. The measures taken to minimise this impact eventually resulted in labour law having to be restructured according to the pandemic's circumstances. In this respect, the duration of compensatory working, which is stipulated under the Labour Act, has been… »
Court of Cassation Reopens Debate on Recordation of Well-Known Trademarks
The Court of Cassation has held that the Patent and Trademark Office has no authority to create and maintain a registry for the recordation of well-known marks Well-known status must be evaluated on a case-by-case basis The finalisation of this decision will have significant repercussions In a recent decision that challenges longstanding precedents, the Court of Cassation has concluded that the Turkish Patent and Trademark Office has no authority to create and maintain a… »
Judicial Remedy Against Decisions Issued by Turkish Data Protection Board
Under the Personal Data Protection Law No. 6698 Article 18 ("DPL") the Personal Data Protection Board (“Board”) has the authority to impose administrative fines on data controllers due to failure to comply with their various obligations regulated under the DPL, i.e. failure to comply with the obligation to inform data subjects, obligations related to data security, the decisions issued by the Board and registration and notification obligations to the Data Controllers’… »
Combating Counterfeit Hygiene Products, Along With COVID-19
Turkey’s first official diagnosis of COVID-19, which is considered to have begun in China’s Whuan city in December 2019 and which has spread to millions worldwide in the following months, was announced on 11 March 2020. Following the first case reported in Turkey and basically due to sudden increase in the demand for products such as masks, disinfectants, detergents; a direct increase has also been observed in the supply of counterfeit products to the market, which are… »
Court of Appeal: Plaintiff Lost its Right to Claim Trademark Infringement Due to Silence
In a case involving several MESA marks, the Court of Appeal has confirmed that the plaintiff had lost its right to claim trademark infringement due to its silence The court applied this principle even though the defendant had not clearly raised it as a defence The case highlights that loss of right to sue due to silence is an important tool for defendants in trademark infringement/invalidation actions Background The plaintiff, acting as the owner of the trademark MESA and… »
Precautions to Be Taken in Clinical Trials Due to COVID-19
Due to COVID-19 pandemic, precautions needed to be taken in the field of clinical trials where it is requisite to ensure the protection of the rights, safety and wellbeing of trial participants. In this regard, European Medicines Agency published Guidance on the Management of Clinical Trials during the COVID-19 (Coronavirus) Pandemic on 20 March 2020 and released revised Version 2 on 27 March 2020 and recently updated Version 3 (“EMA Guidance”) on 30 April 2020. The EMA… »
COVID-19: Restrictions on Promoting Medicines
In accordance with general precautions established by the government due to the COVID-19 pandemic, the Turkish Medicines and Medical Devices Agency published new arrangements in March 2020 on promotional activities concerning medicines to encourage social isolation. On 19 March, the Agency published an announcement (Turkish language) indicating that product promotion representatives of the pharmaceutical companies must cease visiting health institutions and establishments… »
COVID-19: Precautions to Be Taken in Clinical Trials
On 20 March 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) on precautions to be taken in clinical trials due to the COVID-19 pandemic. The announcement states that sponsors of clinical trials should continuously assess risk and update their research organisations accordingly. This risk assessment should take into account the COVID-19-related priorities, reduce the burden of research centres and follow social isolation… »
Court of Appeal Grants Protection to Relatively Weak Mark in Questionable Decision
TURKPATENT found that there was no likelihood of confusion between AFİYETLE DİYET and AFİYET The IP Court, the District Court and Court of Appeal disagreed, concluding that there was a likelihood of confusion The case shows that there is no established approach to weak trademarks Background In 2014 the defendant applied to register the trademark AFİYETLE DİYET (which may be translated as ‘diet with health, appetite’) in Classes 5, 9, 29, 30, 31 and 32. The plaintiff, the… »
Enforcement: An International Litigation Guide 2019, Turkey
I. PRE-FILING REQUIREMENTS/DEMAND LETTERS Although it is not mandatory to send a demand letter before instituting proceedings in this jurisdiction, it is common to send such a letter. Although it is not mandatory to attempt to settle with the other party before instituting proceedings in this jurisdiction, it is commonly done. It is neither mandatory nor common to engage in mediation or other alternative dispute resolution proceeding with the other party before… »
COVID-19’s Impacts on Criminal Raids and Customs Suspensions Based on Trademark Infringement
1. Are there specific measures taken at the courthouses due to COVID-19? YES. The courthouses across the country are open and active – yet; As per the decisions of the Directorate of Administrative Affairs of the Presidency, the public employees – which covers judges, prosecutors and further courthouse personnel - who are pregnant, taking breastfeeding leave, disabled, over 60 years old (except managers), or those having a chronic disease, will be deemed on administrative… »