FICPI Turkey – Seminar on Amendments on the Trademark and Patent Registration Procedures Brought by the IP Code and Their Implementations
FICPI – TURKEY Board of Directors decided as the subject of this year’s seminar amendments to the trademark and patent registration procedures by the IP Code and their implementation. The seminar was held in İstanbul on October 26, 2018 and there were around 75 participants in addition to the speakers and FICPI – TURKEY members. At the first session on patents, the speakers discussed amendments on the provisions as to compulsory licenses and proof of use; and at the second… »
New Regulation on Clinical Trials of Traditional and Complementary Medicine Practice
Dicle Doğan and Aysu Eryaşar, Gun + Partners On 9 March 2019, the Regulation on the Clinical Trials of Traditional and Complementary Medicine Practice (Turkish language) was published in Official Gazette no. 30709. The Regulation provides clarification on which ethics committee should approve these clinical trials and on the institution that should give permission for the initiation, continuation, termination and supervision of the regulated activities. The Regulation also… »
New Obligation for Registration of Medical Device Technical Service Providers and Related Technical Staff
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 14 February 2019, the Medicines and Medical Devices Agency published Circular on the Registration of Medical Device Technical Service Providers and Related Technical Staff (Turkish language), numbered 2019/1. Pursuant to the Circular, medical device technical service providers subject to after-sales maintenance and repair are obliged to register on the Product Track and Trace System. The registries became operational on 1… »
Dispute Management 2019 in Turkey
1. Are foreign plaintiffs who wish to initiate legal proceedings in Turkey subject to any bond requirements? Pursuant to the International Private and Civil Procedure Law, foreign persons or legal entities who initiate or intervene in legal actions or initiate execution proceedings are required to deposit a guarantee to be determined by the court that will be used to bear the judicial expenses as well as to compensate the counterparty for any damages that may occur. However… »
Constitutional Court Annuls Provision on Imprisonment for Opposition to Interim Injunctions
Article 398 of the Code of Civil Procedure previously set out that parties which failed to comply with an interim injunction or that violated an injunction would face one to six months’ imprisonment. However, following an application to the Istanbul First Intellectual and Industrial Property Court for the annulment of Article 398, the Constitutional Court decided to cancel the first sentence of Article 398(1) regarding imprisonment for opposition to interim… »
Imprisonment for Breaching Injunctions is Annulled by Constitutional Court
Constitutional Court has annulled Article 398 of Code of Civil Procedure, which established imprisonment for breaching preliminary injunction This court ordered that this come into effect within nine months It is hoped that proposals for new punishment for acting against preliminary injunction will come before Parliament within this period Upon the application of the Istanbul First IP Court, the Constitutional Court has cancelled Article 398 of Code of Civil Procedure, which… »
Proper Reasons for Non-use in Turkey
Mutlu Yıldırım Köse provides a guest post for Class 46 on a recent Court of Appeal ruling in Turkey The Court of Appeal (COA) has approved a decision of a first instance court which ruled that the regulatory restriction on the sale of cocktail beverages containing distilled alcohols constitutes a proper reason for non-use of a trade mark in Turkey. Bacardi & Company Limited filed a trade mark infringement and unfair competition action against a Turkish company using the… »
Disciplinary Imprisonment in Opposition to Interim Injunction was Annulled
It was regulated in Article 398 of the Code of Civil Procedure that persons who do not comply with the order for enforcement of interim injunctions or who violate the decision of the injunction shall be punished with disciplinary imprisonment of one month to six months. As a result of the application made to Court by the Istanbul 1st Intellectual and Industrial Property Court for the annulment of the mentioned article, the Constitutional Court, in its decision with the merit… »
Supreme Court Rules Inappropriately Worded Emails are Valid Reason for Termination
The Supreme Court, as per its established precedent, recently found that the failure of employees to use appropriate language in their written workplace correspondence with superiors or colleagues constitutes a valid reason for termination. Background The Supreme Court has adopted a balanced approach between the principle of termination as last resort and the employer’s management rights in reinstatement actions filed by employees laid off by their employers due to workplace… »
Damages Awards in IP Right Infringement Cases
IP right owners suffer huge damages in some IP rights infringement cases as they invest substantial amounts in their IP rights. Therefore, compensation claims are of vital importance for them in order to recover their damages, to protect their reputation and create a deterrent impact on the infringing party. In parallel with the previous regulations, the Industrial Property Code no. 6769 (“IP Code”) also provides highly advantageous provisions for compensation actions. In… »
Key Developments and Predictions for Trademark Law in Turkey – 2019
It has now been over two years since the Industrial Property Code No. 6769 (“the IP Code”) came into force. While the interpretation and implementation of most of the issues in relation to the key changes introduced by the IP Code have been addressed by the Turkish Patent and Trademark Office (“TÜRKPATENT” or “the Office”), there are still some outstanding issues requiring interpretation by the Court of Appeals. The primary legislative development in trademark law in 2018… »
New Guidelines for Off-label Use of Drugs Published
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 8 February 2019, the Turkish Medicines and Medical Devices Agency published new Guidelines for the Off-Label Use of Drugs (Turkish language) and abrogated the previous version of the Guidelines, dated 18 July 2014. The new Guidelines entered into force upon publication. The Guidelines reference a new system for applications for the off-label use of drugs. The system is named as the “System on Administration of Unauthorized… »