Dilution of Well-known Mark and Applicant’s Bad Faith: PTO Issues Exemplary Decision
The Trademarks Department granted broader protection to the well-known SINGER mark, refusing an application including the term ‘Singer’ in Class 1 The decision examined the conditions for dilution of a well-known mark under Article 6/5 of the IP Code The well-known status of the SINGER mark, as well as the word and graphic elements in the application, played a role in deciding on the applicant’s bad faith The Trademarks Department has decided that the application for… »
Court of Cassation Examines Impact of Bankruptcy on Collection of Employee Receivables
In practice, bankruptcy of a defendant employer during court proceedings related to employee receivables may be confusing for both the parties of a dispute and the courts handling the proceedings. The Court of Cassation recently examined a case where the defendant employer became bankrupt during court proceedings initiated for employment receivables in the decision dated 8 February 2022. (1) Definition of urgent matters According to article 194 of the Enforcement and… »
Council of State's Unification of Decisions on Appeals Filed by Intervening Parties
Until recently, the Council of State of Turkey had an unsettled practice regarding the appealability of decisions by intervening parties where the principal party does not appeal a decision. Indeed, certain chambers of the Council of State allowed intervening parties to appeal decisions regardless of the principal party's choice, whereas the other chambers restricted the intervening parties' right to appeal with the principal party's appeal. Lately, a unification of decisions… »
OneTrust Data Guidance Turkey - Data Transfers
Begüm Yavuzdoğan Okumuş has contributed to Data Guidance Turkey - Data Transfers, which is published by OneTrust. OneTrus Data Guidance Turkey - Data Transfers provides an overview of the legal framework governing personal data protection in Turkey, focusing on legislation, case law, definitions, scope of application, and restrictions on data transfer. The document highlights the evolving regulatory landscape in Turkey, emphasizing the importance of compliance with data… »
New Euro Fx Rate For Drug Prices
On 23 July 2023, Presidential Decree numbered 7399 (Turkish language), amending the Decision on Pricing of Medicinal Products for Human Use (Decision), was published in the Official Gazette numbered 32257. Accordingly, the EUR1 value in Turkish Lira, to be used in the pricing of medicinal products for human use (formerly TRY10.7577) was increased by 30.5% and set as TRY14.0387. If the rate of increase in the product-specific price is higher than the rate of increase in the… »
Reflections of Digital Transformation on Competition Law
In recent years, the rapid spread of digital transformation, defined as the transformation of business processes, customer relationships and operations of undertakings with digital technologies, driven by the technological advancements, has led to changes in the ways of doing business. During this transformation process, the use of digital technologies, especially information and communication technologies, is increased compared to traditional methods. As Undertakings aim to… »