Avrupa Birliği Genel Mahkemesi’nde (“Mahkeme”) görülen bir davada 12 Aralık 2019 tarihinde verilen T683/18 sayılı kararda “Cannabis Store Amsterdam” ibaresini içeren marka başvurusu kamu düzenine aykırı bulunarak reddedilmiştir.
Mahkeme’de görülen davanın konusu özetle şöyledir; İtalya’da mukim Santa Conte isimli bir kadın, 19 Aralık 2016 tarihinde Avrupa Birliği’nde tescil edilmek üzere “Cannabis Store Amsterdam” ibareli ve görselini gördüğünüz marka için Avrupa Birliği ...»
How is the content of laws determined, and by whom, in international commercial arbitration?
This topic mainly concerns an old legal assumption: iura novit curia, the Latin legal maxim for “the court knows the law”. While somewhat reasonable and predictable on the face of it since anyone can reasonably expect the court to know the law, the assumption paves the way for some serious practical consequences: If the court knows the law, parties are mostly expected to furnish the f...»
In its judgement of 12 September 2019, the European Union Court of Justice (“CJEU”) held that the applicant was acting in bad faith when he filed the application for the trademark taking the earlier business relationship between the applicant and the opponent and ruled how the conditions sought for bad faith should be examined.
In the judgment C-104/18 P, which was handed down by the CJEU on 12.09.2019, it was declared which criteria should be taken into consideration for the...»
Corporate entities and acquisition methods1. What are the main corporate entities commonly involved in private acquisitions?In private acquisitions the main companies used are joint stock companies and limited liability companies.
2. Are there any restrictions under corporate law on the transfer of shares in a private company? Are there any restrictions on acquisitions by foreign buyers?Restrictions on share transferUnder the Turkish Commercial Code numbered 6102 there are no...»
With the “Regulation Amending the Regulation on Commercial Communication and Commercial Electronic Messages” (“Regulation”) published on 4 January 2020, new obligations were imposed on commercial electronic messaging that would affect all those using electronic messages. Under the new regulations, the most crucial obligation is registry with the newly established Message Management System called IYS.
“Data, audio and video content messages that are sent for commercial purpos...»
Our founding partner Mehmet Gün presented “Turkey’s Dilemma: Middle Income and Middle Democracy Traps” policy report and expressed the importance of an efficient and accountable judiciary who will then deserve full independence and take a leading role in Turkey’s exit from “middle-income and middle-democracy traps” at the “Structural Reforms Panel” jointly organized by Better Justice Association, of which we are among the founders, and TURKONFED, hosted by Kars Bar Associatio...»
The Pharmaceutical Tracking System (İlaç Takip Sistemi, “ITS”) is the system adopted by the Turkish Medicines and Medical Device Agency (the “Agency”) for pharmaceutical industry, enabling to determine the locations of pharmaceuticals in the supply and distribution chain in Turkey. A data matrix is printed on the products’ packaging which allows the tracking of each transaction in the supply chain as of the product’s production or importation.
ITS is defined under the Regulat...»
In this article, we review the developments in 2019 about anti-corruption and compliance matters concerning Turkey from both national and international perspectives.
Latest Development in EU-Turkey Relationship
The European Commission has published “Turkey 2019 Report” as part of 2019 Communication on EU Enlargement Policy. The shortcomings and recommendations to make progress in the fight against corruption are among the topics underlined in the report. The European Com...»
1. How is healthcare in your jurisdiction organised?
The healthcare system is governed principally by the Fundamental Law on Healthcare Services No. 3,359, which furnishes the Ministry of Health (MoH) with the authority to issue healthcare-related regulations and establish a healthcare system enabling each and every person living in Turkey to have equal and equitable access to the healthcare system. The regulatory authority is the MoH and its subsidiaries.
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AYSEL KORKMAZ YATKIN
Patents and Utility Models
Aysel Korkmaz Yatkın joined the firm in 2008 and became a partner in 2020. She specializes in intellectual property with a special focus on patents and utility models.With almost 12-years of experience on patents, she has been providing consultancy on all matters related to the patent law and has been leading numerous patent actions....»
FICPI-Turkey arranged the seventh of its traditional roundtable meetings in September, this time focusing on the trade mark similarity concept for the assessment of likelihood of confusion and the approach of the Turkish Patent and Trademark Office, Türk Patent, and the Courts.
Ms. Gökçe İzgi, a member of the Board of Directors of FICPI-Turkey, moderated the meeting accompanied by Mr. Türkay Alıca, who is a Retired Judge of Civil Courts for Intellectual and Industrial ...»