Court of Cassation Issues Controversial Decision on Likelihood of Confusion in Dispute Over Pharma Marks
The owner of the marks BATIKAR and BATISOL in Class 5 sued the defendant for selling antiseptic disinfectants under the mark MIRADERM BATIMER While the IP Court ruled in favour of the defendant, the Regional Court – and subsequently the Court of Cassation – found that the shared element ‘bati’ created a likelihood of confusion Arguably, the courts did not take into account the specifics of the relevant sector and the global appreciation principle in the examination of… »
Close Ties Between Competiton And Data Privacy Raises Competiton Concerns
The intersection between competition and data privacy has emerged in recent years. Questions have arisen globally about whether processing of consumers’ (personal) data constitute a competition issue, and, how authorities and capabilities between the two approaches can be managed and cooperate. Meta In the Origin of Investigations On December 5, 2024, the investigation into Meta Platforms, Inc. (“Meta”) in Turkiye has been concluded following the acceptance of the… »
A New Regulation on the Sanction for Non-Attendance to Mandatory Mediation
The Constitutional Court’s decision dated 14 March 2024 and numbered 2023/160 E., 2023/160 E., 2024/77 K. annulled Article 18/A of the Law No. 6325 on Mediation in Civil Disputes (“Mediation Law”). The annulled provision imposed a sanction on parties causing the mediation to end due to their failure to attend the first mediation meeting without a valid excuse, holding them liable for all litigation costs and attorney fees, even if they were partially or fully justified in the… »
Pharmaceuticals, Medical Devices, Digitalization: What Awaits the Healthcare Sectors in the 12th Development Plan and the 2025 Presidential Annual Program?
The 12th Development Plan 2024–2028 (“Development Plan”) and the 2025 Presidential Annual Program (“Program”) set the development goals and strategic policies for various sectors in Türkiye. In line with the Development Plan and Program, the pharmaceutical and medical device sectors are among those that emphasize key goals to increase Türkiye’s sustainability in the healthcare field, enhance domestic production capacity, and reduce dependency on imports. Overall, the aim is… »
Developments About Corporate Sustainability in Türkiye
The principle of sustainability initially emerged as a corporate social responsibility notion under the management activities of companies and then, brought along the necessity for companies to act ethically and responsibly towards their stakeholders. The elements of environmental, social and economic sustainability are collectively at the core of corporate social responsibility and this concept is based on the responsibility of companies towards society. It is observed that… »
How to Become a Responsible Influencer?
As of January 2024, there are 57.50 million social media users in Turkey[1], and digital platforms hold the largest share of advertising investments at approximately 71.2% for the year 2024[2]. Within these digital investments, social media influencers account for 5%, underscoring their significant role in shaping consumer behavior. Given the influence of social media influencers on consumption patterns, the importance of adhering to legal regulations concerning… »
Evaluating Disparaging Practices against Competitors in the Pharmaceutical Sector: A Competition Law Perspective
Evaluating Disparaging Practices against Competitors in the Pharmaceutical Sector: A Competition Law Perspective The competition investigation initiated by the European Commission (the “Commission”) against Vifor Pharma on June 20, 2022, has attracted attention due to the fact that this is the first investigation in which the act of disparaging competitors will be considered as a violation of competition law alone. Competition investigations launched against pharmaceutical… »
International Update
The World Health Organization (WHO) gives pharmaceutical substances international non-proprietary names (INNs) so that each substance can be identified by a distinct name. However, pharmaceutical trade marks cannot be composed entirely of INNs. The rulings of the Court of Cassation (the CoC) indicate that while pharmaceutical trade marks can be derived from INNs, they cannot consist solely of these names. For instance, an action was filed claiming that the defendant’s trade… »
Update on The Well-known Trademark Registry Debate in Turkey
The well-known trademark registry of the Turkish Patent and Trademark Office (the Office) became a discussion topic after the Turkish Court of Cassation decided in 2020 that the Office has no authority to create and maintain a registry for well-known trademarks (see Turkey: Well-known trademark registry is again open for debate). First-instance intellectual property courts and regional courts of appeals adopted this decision immediately and changed their practice, whereas… »
Dealing With Social Media Influencers - Türkiye
Influencer marketing through social media influencers has achieved giant growth in the advertising sector. Brands, including global and local ones, co-operate with social media influencers to advertise their brands, goods and services because social media influencers are very capable of directing the consumers’ buying habits into certain brands via the presentations, recommendations and compliments they make. Similarly, based on global research statistics, Türkiye ranks… »
Artificial Intelligence and Pharmaceutical Industry: The Transformation in the Technology and Patent System Shaping the Future
Artificial intelligence influences every aspect of our lives and creates revolutionary effects in the pharmaceutical industry as well as in many other sectors. From DeepMind's AlphaGo success to Tempus' personalized approaches to cancer treatment, AI-enabled innovations offer not only scientific achievements, but also wide-ranging advantages such as operational efficiency, cost reduction and risk reduction. However, this technological leap also raises critical questions about… »
AI Regulations In Türkiye: Developments And Implications
Artificial Intelligence (AI) is one of the rapidly advancing technologies that is increasingly being used in practice. AI, which has found widespread application in both the public and private sectors, has become a major agenda item in Turkiye as well. The development and widespread adoption of these applications offer opportunities for increased efficiency in various sectors. However, unlike the regulations established in the European Union, Turkiye currently does not have… »