Assessing the Difficulties of Enforcing Patent Rights over NPP Products
The supply of pharmaceutical products to Turkey via the named patient programme (NPP) is one of the exceptional importation regimes for pharmaceutical products. Where a pharmaceutical product is not granted marketing authorisation in Turkey but patients are in need of it, it can be supplied via this special route. The entities that are authorised to import pharmaceuticals from abroad within the scope of the NPP are the Turkish Pharmacists’ Association (TEB) and the Ibn-i Sina… »
Discovery of Evidence Not being Subject to Bolar Exemption
Discovery of evidence and actions for determination of evidence are separately regulated under the rocedural Law. Discovery of evidence is a preliminary step taken before any action on merits and it only serves to discover and record the evidence that may be relevant to an ongoing or future action on merits. It must be emphasised that there is no full and frank disclosure procedure under the Turkish civil law system unlike the US and UK systems. In other words, the parties… »
Turkish Regulations Amended To Restrict Importation of Healthcare Products
Yalçın Umut Talay and Fatma Sevde Tan, Gun + Partners On 3 April 2019, an amendment (Turkish language) to the Communiqué on the Permit to be obtained by Public Institutions for Imports numbered 2018/2 (Turkish language) was published in the Official Gazette. The Communiqué regulates how public entities obtain a permit from the Ministry of Trade to import goods that are not exempt from customs duty. The Communiqué establishes three kinds of goods: · Goods that require… »
Eu Requests WTO Consultations on Turkish Measures Affecting Imported Pharmaceuticals
Dicle Doğan and Fatma Sevde Tan, Gun + Partners In a letter dated 2 April 2019 to the World Trade Organization (WTO), the EU’s Permanent Mission to the WTO has requested consultations with the government of Turkey in relation to measures that it has introduced to regulate the production, importation and marketing of pharmaceutical products in Turkey. In its request, the EU claims that the “competitive opportunities” of pharmaceutical products imported to Turkey are… »
Key Developments and Predictions for Patent Law in Turkey – 2019
When the Industrial Property Law came into force on 10 January 2017, the introduction of the post grant opposition procedure for national patent applications or the new “satisfying national market’s need” criteria concerning compulsory license due to non-use of the patent appeared to be of the most significance. However, as usual, the devil was hidden in the detail. When we first put the new law into practice, we experienced that other provisions such as the use requirement… »
Review of Information Obligation in light of CNIL’s Google Decision
One of the most important obligations of data controllers under data protection laws is to inform the data subjects concerning data processing activities. Accordingly, the Turkish Law on Protection of Personal Data numbered 6698 (“DPL”) also imposes an obligation on data controllers to provide certain information to data subjects before processing their data. Pursuant to Article 10 of the DPL regulating the information obligation, a data controller must inform the data… »