Articles

Discovery of Evidence and Preliminary Injunction Demands During COVID-19

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Patent and Utility Models || Selin Sinem Erciyas and Zeynep Çağla Üstün

Co-published An IP court has accepted the discovery of evidence demand made by an originator company against a generic pharmaceutical company after the court’s expert panel confirmed that patent infringement had occurred, but has then rejected the originator’s request for a preliminary injunction due to the so-called ‘Bolar’ exemption. Facts An originator company filed a discovery of evidence request with a preliminary injunction demand against a generic company that complete...»

Web-based Scientific Meetings of Medical Device Companies

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Life Sciences || Dicle Doğan and Fatma Sevde Tan

Dicle Doğan and Fatma Sevde Tan, Gun & Partners On 11 June 2020, the Turkish Medicines and Medical Devices Agency published new guidelines (Turkish language) on scientific meetings and educational activities regarding medical devices. The guidelines, which were updated by an amendment made on 27 April 2020, state that in terms of scientific web-based meetings, only meetings that last more than one day should be notified. This is further to the existing rules, which do not...»

Analysing the relationship between AI and copyright law

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Copyrights || Mutlu Yıldırım Köse and Havva Yıldız

Artificial intelligence (AI), which does not yet have a solid definition, can generally be described as “the ability of a digital computer or computer controlled robot to perform tasks commonly associated with intelligent beings.” AI systems have started to play a part in our daily life and today they carry out crucial roles for human beings. For instance, BlueDot’s AI system was among the first in the world to identify the emerging risk from COVID-19. AI also creates music, ...»

COVID-19: Restrictions on Promoting Medicines Lifted

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Life Sciences || Dicle Doğan and Fatma Sevde Tan

On 19 March 2020, in accordance with general social distancing precautions established by the Turkish government as a result of COVID-19, the Medicines and Medical Devices Agency prohibited product promotion representatives from making physical visits, allowing promotional activities of product promotion representatives to take place only via electronical means. However, due to the "normalization process" in Turkey that has begun due to the decreasing number of new COVID-19 c...»

Terms of Termination Prohibition, Unilateral Unpaid Leave and Short-Time Working Allowance Have Been Extended

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Employment || Beril Yayla Sapan and Asena Aytuğ Keser

With two very recent Presidential Decrees[1] published in the Official Gazette dated 30 June 2020 and numbered 31171, the terms of termination prohibition and unilateral unpaid leave, which were to expire by 17 July 2020, have been extended until 17 August 2020, and the term set out for the short-time working allowance granted in scope of COVID-19 has been extended for one month. Extension of the term of termination prohibition and unilateral unpaid leave With the Presidentia...»

Influencer Marketing in Turkey

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Technology, Media and Telecom || Hande Hançar and Baran Güney

Influencer marketing through social media influencers has reached to giant growth in advertising area. Brands including global and local ones cooperate with social media influencers for advertisings of 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. In Turkey, there are no specific laws relating to advertising throu...»

“Inventing” in COVID-19 Environment and Key Local/ International Developments

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Patent and Utility Models || Selin Sinem Erciyas and Zeynep Çağla Üstün

The COVID-19 pandemic has driven mankind to question sufficiency and sustainability of business models, social and moral norms, and Law-practices, which cannot be separated from society and its needs. Due to the ongoing pandemic basic need of survival and the need to access the means such as ventilation machines, masks, goggles and most importantly pharmaceuticals, is at its climax, as well as the need for an invention is at its most. Everyone agrees that an invention will sa...»

What Does Unfair Price Assessment Board Brings to Turkish Law?

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Technology, Media and Telecom and Competition || Hande Hançar and Baran Güney

During Covid-19 outbreak some businesses exorbitantly increased the prices of masks, disinfectants, colognes, wet wipes and foodstuff in contrast with the normal functioning of the market. This caused these entities taking unfair advantage because of the negative impact of the coronavirus on consumers and this exorbitant increase of prices started negatively affecting the usual purchasing behavior of the consumers. Unfair Price Assessment Board has recently been established b...»

“New Normal” After COVID-19 - Immunity Certificates

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Technology, Media and Telecom and Corporate and M&A || Begüm Yavuzdoğan Okumuş

We are in new era with the affect of Covid 19 and we feel it all over the world. Incentives and aid packages offered in efforts to reduce the negative impact of the crisis on countrys’ economies during this period, many ideas are proposed to provide smooth return to normal life and revive the economy as soon as possible. Issuance of immunity certificates has been on the agenda of some countries to  certify persons deemed safe to return to normal life. In this respect, it is s...»

FICPI Turkish Section under the Spotlight

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IP Prosecution || Uğur Aktekin

The initiative for the foundation of the FICPI Turkish section was started in 2012 by a handful of Turkish practitioners, who were individual members of FICPI. The aim of founding the National Section was to be more active within FICPI as Turkish members and to help shape the IP system in our country by keeping abreast of the developments in the world. With the support of President of FICPI at that time, Mr Bastiaan Koester, the FICPI Bureau and the FICPI officers, various lo...»

Good News for Owners of IR Designations as Trademark Office Changes its Practice in Opposition Proceedings

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Trademarks and Designs || Güldeniz Doğan Alkan and Cansu Evren

The Trademark Office has recently changed its practice in opposition proceedings with regard to national designations of IRs The office has started to notify IR owners via WIPO when an opposition is filed against their designations in Turkey The difference in treatment between IR designations and national applications had been widely criticised The Turkish Patent and Trademark Office has recently changed its practice in opposition proceedings with regard to national designa...»

Turkish Average Consumers: Healthcare Professionals or End Users?

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Trademarks and Designs and Life Sciences || Dicle Doğan and Ayşenur Çıtak

In December 2019, the Court of Appeal issued two decisions in which the nature of consumers has been scrutinized while assessing likelihood of confusion between pharmaceutical trade marks. Infantum v Infanta A trade mark application INFANTUM was filed before the Turkish Patent and Trademark Office (the Office) covering goods in classes 3 and 5, against which an opposition was filed based on the prior registered trade mark INFANTA covering the same classes.The opposition was a...»