1. What are the legal requirements to obtain a patent?
The applicant has to prove the following to obtain a patent (Article 82/1, Industrial Property Code (IPC)):
2. What categories are excluded from patent protection?
The following are not considered as inventions and therefore cannot be patented (Article 82/2, Industrial Property Code (IPC)):
Discoveries, scientific theories, mathematical method.
Plans, methods and...»
The Agency published Guidelines on Protection of Personal Data in Pharmacovigilance Activities (“Guidelines”) on 1 August 2019.
The Guidelines state that no explicit consent is required for the processing of patient data reported by the adverse effect notification, regardless of whether the person making the adverse effect notification is a patient, healthcare professional or relative. Additionally, pursuant to the Guidelines, the persons under the confidentiality obligation ...»
Although parties to international transactions frequently agree to arbitrate, they sometimes reconsider that commitment when a dispute arises, and look to challenge the validity of the arbitration agreement. Thanks to the separability presumption, the courts and the tribunals insulate the arbitration agreements from attacks on the underlying contract and uphold arbitration. However, the separability presumption sometimes backfires; particularly if one is attempting to arbitra...»
A four-day legal gap was created following the annulment of Article 14 of Decree-Law No 556, which regulated the use requirement
The Court of Cassation has recently considered this legal gap for the first time
It is now clear that one may file a non-use revocation action without having to wait for the expiry of the five-year period following the publication of the IP Code
In 2016 the Turkish Constitutional Court annulled Article 14 of Decree-Law No 556, which reg...»
The liability arising out of the failure to pay the company debts directly belongs to the company itself since it has a separate legal entity. Therefore, the application is made to the legal entity first for the unpaid tax debts of the limited liability company, and if it is determined that the debt cannot be collected from the company, the application is directed to the legal representatives or to the shareholders. This is being the rule; the company itself is responsible fo...»
Amendments to the Turkish Property Code were published in the Official Gazette on 8 July 2019
Notarised signature declarations/notarised signature circulars are no longer required for a number of procedures
It is hoped that this will eliminate paperwork and speed up processes at the Patent and Trademark Office
The Turkish Regulation on the Implementation of the Industrial Property Code, which is the main regulation for industrial property rights, has been amended by a regul...»
The Turkish Constitutional Court rules in its decision dated May 30, 2019 and having the application number of 2015/11192 and also published in the Official Gazette numbered 30836 and dated July 19, 2019 (the “Decision”) that holding the board of director’s members, not having any representation authority, jointly and severally liable with the joint stock company for the Social Security Institution (“SSI”) debts does not violate proprietary right of the concerned member of th...»
Sources of law
1. What are the main areas of law and regulation relating to product liability?
Turkish law does not have specific legislation for product liability. Product liability claims are based mainly on tort law and contract law provisions under the Code of Obligations 6098.
In addition, consumers can base product liability claims on the Consumer Protection Law 6502, enacted in light of EU directives, including:
Directive 2002/65/EC concerning distance marketing of co...»
Red Bull opposed an application for a colour combination mark for goods in Class 32 based on earlier colour/device marks for identical goods
The examiner found, among other things, that there was no risk that the application would take unfair advantage of, or be detrimental to, the distinctiveness or well-known status of Red Bull’s marks
The board disagreed, finding that the application was confusingly similar to Red Bull’s marks and might mislead consumers as to the source ...»
Regulatory data protection (RDP) terms are dealt with only in the Licensing Regulation of the Ministry of Health (MoH). In principle the provision grants the protection of data for six years following the first marketing authorisation for a drug granted in the European Union. However, there is no mechanism to prevent a generic drug company from using the data before the term expires. The MoH interprets the provisions as granting market exclusivity and allows ab...»
World Intellectual Property Rights and Remedies features analysis and commentary by leading practitioners on key intellectual property legislation from jurisdictions throughout Europe, Latin America, and Asia, as well as English translations of key intellectual property legislation from non-English-speaking jurisdictions. Each chapter clearly describes the nuances of local practice regarding how to register and protect copyrights, patents, trade, and service marks. Find helpf...»