Trademark Rights vs. Freedom of Expression: A Recent Decision of the Turkish Constitutional Court
A discussion whether the freedom of expression is violated by prohibiting the access to a website where a trademark of a third company is used in the domain name was heard before the Turkish Constitutional Court (“the Court”) upon an individual application. In order to understand the ruling of the Court, it is worth looking at the history of the dispute. Using a trademark of a reputable cargo company “yurtiçikargo” in a domain name as “yurticikargomagdurları.com”, having the… »
FICPI Turkey – Seminar on Amendments on the Trademark and Patent Registration Procedures Brought by the IP Code and Their Implementations
FICPI – TURKEY Board of Directors decided as the subject of this year’s seminar amendments to the trademark and patent registration procedures by the IP Code and their implementation. The seminar was held in İstanbul on October 26, 2018 and there were around 75 participants in addition to the speakers and FICPI – TURKEY members. At the first session on patents, the speakers discussed amendments on the provisions as to compulsory licenses and proof of use; and at the second… »
New Regulation on Clinical Trials of Traditional and Complementary Medicine Practice
Dicle Doğan and Aysu Eryaşar, Gun + Partners On 9 March 2019, the Regulation on the Clinical Trials of Traditional and Complementary Medicine Practice (Turkish language) was published in Official Gazette no. 30709. The Regulation provides clarification on which ethics committee should approve these clinical trials and on the institution that should give permission for the initiation, continuation, termination and supervision of the regulated activities. The Regulation also… »
New Obligation for Registration of Medical Device Technical Service Providers and Related Technical Staff
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 14 February 2019, the Medicines and Medical Devices Agency published Circular on the Registration of Medical Device Technical Service Providers and Related Technical Staff (Turkish language), numbered 2019/1. Pursuant to the Circular, medical device technical service providers subject to after-sales maintenance and repair are obliged to register on the Product Track and Trace System. The registries became operational on 1… »
Constitutional Court Annuls Provision on Imprisonment for Opposition to Interim Injunctions
Article 398 of the Code of Civil Procedure previously set out that parties which failed to comply with an interim injunction or that violated an injunction would face one to six months’ imprisonment. However, following an application to the Istanbul First Intellectual and Industrial Property Court for the annulment of Article 398, the Constitutional Court decided to cancel the first sentence of Article 398(1) regarding imprisonment for opposition to interim… »
Imprisonment for Breaching Injunctions is Annulled by Constitutional Court
Constitutional Court has annulled Article 398 of Code of Civil Procedure, which established imprisonment for breaching preliminary injunction This court ordered that this come into effect within nine months It is hoped that proposals for new punishment for acting against preliminary injunction will come before Parliament within this period Upon the application of the Istanbul First IP Court, the Constitutional Court has cancelled Article 398 of Code of Civil Procedure, which… »