Filing an Abridged Application Within Terms of RDP Does Not Constitute Unfair Competition
Co-published Regulatory data protection (RDP) terms are dealt with only in the Licensing Regulation of the Ministry of Health (MoH). In principle the provision grants the protection of data for six years following the first marketing authorisation for a drug granted in the European Union. However, there is no mechanism to prevent a generic drug company from using the data before the term expires. The MoH interprets the provisions as granting market exclusivity and allows… »
Justification of Court Decisions – an Overview
The justification of court decisions is regarded as a fundamental right and a key element of the right to a fair trial (ie, the right to a reasoned decision). This right is protected by Article 6 of the European Convention of Human Rights, the Turkish Constitution, the Code of Civil Procedure and Supreme Court precedents. Legislation The Constitution and the Code of Civil Procedure set out general rules regarding the justification of decisions. Article 141 of the Constitution… »
Brand Owners Must be Careful About Bringing Criminal Action for Infringement
The enforcement of trademark infringement crimes is not exofficio in Turkey. In other words, trademark owners have to file a criminal complaint to start criminal IP proceedings for each and every case. Thus trademark owners have to take into consideration beforehand, all possible risks that might occur in a worst case scenario, especially counterclaims which could include damages figures put forward by infringers if no fake products can be seized during an actual raid or even… »
The Importance of Evidence Gathering for Criminal Cases
In Turkey, the prosecution of criminal offenses in trademark law depends on a proper complaint filed by the trademark owner. Once the complaint and the evidence is submitted to the local prosecutor’s office, the file is brought before the local Criminal Court. The Criminal Courts, however, become more and more reluctant to issue the decisions recently. Hence, it is now more important than ever for the trademark owners to be well-prepared before filing the complaint, in terms… »
Mandatory Mediation In Labour Disputes – an Overview
On 1 January 2018 applying to a mediator was made a prerequisite when filing a lawsuit concerning monetary claims by employees or employers arising out of employment contracts, collective labour agreements or reinstatement claims. As a result, parties must now apply for mediation before filing a lawsuit; otherwise, the lawsuit will be rejected due to the absence of a prerequisite. Mandatory mediation was introduced to accelerate legal proceedings and lower the costs in… »
Turkey’s New Ban on Setting Salaries in Foreign Currencies
As a result of a presidential decree aimed at protecting the value of the Turkish lira, residents in Turkey are now prohibited from agreeing to the value of monetary obligations in a foreign currency (or indexed to a foreign currency) in certain types of contracts, including employment contracts. Presidential Executive Decree 85 was published on September 12, 2018, amending Decree 32 on the Protection of the Value of Turkish Currency and became fully effective on October 13… »