Our May 2019 article in LL&P focused on the non-use defence in opposition proceedings.This time we will be concentrating on the non-use defence in court proceedings. Article 25/7 of the Industrial Property Code (IPC) regulates invalidation actions and Article 29/2 regulates infringement actions regarding trade marks. Both articles refer in their last paragraphs to Article 19 foreseeing the procedures for the non-use defence. Article 19 of the IPC governs the non-use defen...»
Özge Atılgan Karakulak and Dicle Doğan of Gün + Partners explain how the country’s growing healthcare and pharma industries operate under current regulations
Having a population of 80 million covered by an extensive social healthcare system, Turkey’s life sciences industry is still important in size and volume.
Both the Turkish pharma and medical device industries are heavily regulated and mostly in line with EU regulations. All aspects ranging from market access to pricing a...»
On 19 September 2019 the Constitutional Court found that the requirement for employers to pay interest at a rate of 5% for each day that a journalist's overtime payments remain outstanding conflicts with the Constitution. As such, the court repealed this requirement.(1)
Under Turkish law, journalists are subject to the Press Labour Law 5953, which sets out their employment rights, including their right to a salary. Pursuant to the law, where salary payments are not...»
The Intellectual Property Academy was founded by presidential decree in July 2018
The Regulation on the Intellectual Property Academy was published in the Offi cial Gazette on 14 November 2019 and entered into force on the same day
Among other things, the regulation sets out the working procedures and principles of the academy, as well as its educational, consultancy, research and coordination activities
In the past years, several concrete and important steps have been take...»
General Data Protection Regulation (GDPR) has been one of the most important regulations for the companies in Europe and also some of the companies in other countries. However, Europe is not the only jurisdiction with a privacy regulation. Various other countries like Turkey, Japan, South Korea, and Australia have privacy laws. A company located in Europe has to take into account the provisions of both the GDPR and the privacy regulations of other countries where it does busi...»
Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 16 November 2019, a Regulation amending the Regulation on Promotional Activities of Human Medicinal Products (Turkish language) was published in the Official Gazette (numbered 30950). The amendment extends the period during which product promotion representatives can obtain their certificate of competency.
Pursuant to the Regulation on Promotional Activities of Human Medicinal Products, product promotion representatives for h...»
WIPO has received a communication from Turkey withdrawing its declaration under Article 14(5) of the Madrid Protocol
As of 18 October 2019, Turkey can be the subject of a subsequent designation in respect of international registrations effected before 1 January 1999
It is believed that this development may result only in a slight increase in the number of designations under the Madrid Protocol
Turkey joined the Madrid Protocol on 1 January 1999. Since then, it has been poss...»
Insurance sector, with its non-penetrated potential, has long been considered as one of the prospective vanguards of the economy. The latest developments signify these high hopes held for the insurance market and its contributions.
Turkish government has an objective to be the 10th biggest economy in the world by 2023, aiming to generate US$2 trillion worth of gross national product. In line with this objective, the government has the insurance sector, among others, in its...»
The first step has been taken towards the judicial reform, which has become a hot topic recently. With the Law No. 7188 on Making Amendments to the Code of Criminal Procedure and Certain Laws (“Law No. 7188”) dated 17 October 2019, which took effect with its promulgation in the Official Gazette No. 30928 of 24 October 2019; critical amendments have been made particularly with regards to the criminal procedure. Among these amendments, the ones which are considered to affect th...»
Turkish Patent and Trademark Office (“the Office”) published The New Trademark Examination Guideline (“Guideline”) on September 30, 2019. The guideline defines the criteria regarding the examination of trademark applications on absolute grounds within the scope of Industrial Property Code (“the IP Code”) that came into force in 2017.
The Guideline aims to update the previous guideline which was in force since 2011, clarify the principles of absolute grounds for refusal that a...»
On 30 September 2019 the Patent and Trademark O ce announced the issuance of new guidelines for the examination of trademark applications
The new guidelines are limited to examination on absolute grounds
The guidelines include a number of examples from Turkish and EU decisions
Following the entry into force of the Turkish Industrial Property Code, which replaced the relevant decree laws, on 10 January 2017, new guidelines had long been needed and awaited. The Turkish Patent...»
The Re-examination and Evaluation Board of TURKPATENT has acknowledged that EBAY should be recorded as a well-known trademark in Turkey
The board took into account the status of the mark around the world and in Turkey, with a focus on the realities of the Turkish marketplace
It is important to appeal unfavourable first-instance decisions to take advantage of the REEB examiners’ experience and broad understanding of trademarks
Well-known status provides extensive ...»