Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 18 February 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language), stating that the Price Evaluation Commission had raised the Euro exchange rate to be used in pricing of the drugs to TRY3.8155 for 2020. The new exchange rate became effective on 19 February 2020.
By way of background, the Euro exchange rate used for approving drug prices in Turkey is determined as per the Decisio...»
Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 27 February 2020, the Turkish Medicines and Medical Devices Agency published Guidelines on the Import of Research Products to be used in Clinical Research (Turkish language). Pursuant to the Regulation on Clinical Research published in the Official Gazette dated 13 April 2013 and numbered 28617, permission from the agency is required for the manufacturing and import of products to be used in clinical research conducted in Tur...»
THE FIRST DETAILED INFORMATION WAS PROVIDED REGARDING THE POST-GRANT OPPOSITION SYSTEM BEFORE THE EUROPEAN PATENT OFFICE (“EPO”)
FICPI-Turkey held the ninth of its traditional roundtable meetings at Turkish Patent and Trademark Office (“Türk Patent”) on 13 December 2019. The meeting was moderated by Selin Sinem Erciyas, who is the Vice President of the Board of Directors of FICPI-Turkey and Serkan Özkan, who is an Intellectual Property Expert at Türk Patent. The post-grant p...»
As the mandatory quarantine situation caused by the novel Coronavirus (COVID-19) outbreak starts to have negative effects on daily life, various regulations are being enacted for judicial and other legal processes.
During this period, the necessity to suspend the terms determined as per the Industrial Property Code (“IP Code”), applied either by the Turkish Patent and Trademark Office (“Office”) or before the relevant courts as statute of limitations for filing lawsuits, has ...»
In scope of the measures taken to prevent COVID-19 outbreak from spreading within our country, the Presidential Decree on Suspension of the Enforcement and Bankruptcy Proceedings dated 21 March 2020 and numbered 2279 (“the Presidential Decree”), which was issued based on Article 330 of the Enforcement and Bankruptcy Act, has entered into force upon publication in the Official Gazette dated 22 March 2020 and numbered 31076.
As per this Presidential Decree, all of the enforceme...»
The Law on Amendment of Certain Laws No. 7226 entered into force upon publication in the Repeated Official Gazette dated 26 March 2020 and numbered 31080. With the Law No. 7226, the procedural terms will be suspended until 30 April 2020 in order to prevent any loss of rights in regard to trials, due to the measures taken for COVID-19 outbreak.
In this respect;
Any and all terms in scope of the acquisition, use or extinction of a right, including the terms for filing lawsuits...»
As coronavirus cases continue to spread in Turkey and around the globe, ads for food supplements and food claiming to prevent the effects of the virus have been rampant in every media including TV, radio and internet.
Legal authorities competent for ruling and supervising health claims in advertisements launched investigations since some advertisements of food supplements were considered to be unlawful, some food supplements advertised are not even authorized for sale and som...»
The outbreak of coronavirus (COVID-19), which has been declared as pandemic by the World Health Organization, has led to widespread measures being taken around the world. The coronavirus, first seen in Wuhan, China, in December 2019, has been detected in almost 340,000 cases in 192 countries as of today, creating a global crisis with a death toll of over 19,000.
The number of cases and deaths started to rise rapidly after the announcement of the first case detection in Turkey...»
Co-published
There is no explicit rule in Turkish law that covers patent infringement in cases where a product possesses a minor difference from a patented range. Further, Turkish High Court decisions have not shed any direct light on this matter.
However, there have been several infringement actions brought before IP courts, wherein a rights holder has alleged that a product, which varies slightly from its patent’s scope of protection, is considered to be infringing. Thus fa...»
On 24 May 2019 the Supreme Court General Assembly on the Unification of Judgments (General Assembly) concluded that the plaintiff in a partial monetary action need not reiterate its claim for interest when increasing the value of the claim if it claimed interest for its principal receivables in the plaint petition and the claim of interest will automatically apply for the amount which is increased later on (Decision 2017/8 E, 2019/3 K).
Background
Partial claim actions are fi...»
Copyright protection is granted under Law on Intellectual and Artistic Works No. 5846 (the “LIAW”) in Turkey. The LIAW entered into force on January 01, 1952, and was amended in the years of 1983, 1995, 2001, 2004, 2007 and, lastly, 2008. The Draft Bill on the Amendment of the Code (the “Draft Bill”) was published for public opinion on May 05, 2017; however, there is currently no indication that this Draft Bill will enter into force in the near future.
On the other hand, the ...»
After first seen in December 2019 in Wuhan, China, the coronavirus -which leads to Covid-19 disease- has spread to 192 countries in only three months. The number of confirmed coronavirus cases has exceeded 340,000 globally with the number of deaths exceeding over 14,000 as of 23 March 2020. The first case of coronavirus in Turkey was detected on 11 March 2020. The number of cases in Turkey had increased to 1236 in the following 13 days with 30 citizens losing their lives due ...»