Ex Parte Injunctions in Turkish IP Law
Although they are legally available, ex parte injunctions are quite rare in Turkish IP practice. The IP courts almost always reject requests for ex parte injunctions, preferring to evaluate the alleged infringement only after hearing both parties. However, in a recent case, the IP Court unexpectedly granted a request for an ex parte injunction, due to the urgent nature of the matter. The request for an ex parte injunction was filed against a company in Argentina. The company… »
Turkish Government Introduces Restrictions on use of Trademarks on Tobacco Products
Law Amending Some Laws and Decree-Laws Related to Health No 7151 entered into force on 15 November 2018 Under Article 24, tobacco goods produced in, or imported into, Turkey shall be offered for sale using plain and standardised packaging Issues surrounding plain and standardised packaging to be addressed by Ministry of Agriculture and Forestry regulation The control of tobacco consumption has been one of the top priorities of the Turkish government, and several measures… »
2019 Legislative Predictions for Turkey
Apart from an economic slow-down, one can say that 2018 has been productive and looked promising for Turkey from a privacy perspective. We have seen considerable efforts and attempts from the data protection authority, as it has been active in meeting with the practitioners, academics, organizing trainings and seminars, and issuing new guidelines, and regulations. We have seen more data breach decisions rendered by the DPA and these shed a light to the practice and claims… »
Certificate of Competence for Product Promotion Representatives
Dicle Doğan and Fatma Sevde Tan, Gun + Partners Article 10 of the Regulation on Promotional Activities of Medicinal Products for Human Use states that the Turkish Medicines and Medical Devices Agency shall issue a certificate of competence to the following individuals: Graduates of universities that educate product promotion representatives, upon submission of their diploma to the agency. Graduates from a school of higher education who have succeeded in a specified… »
Mandatory Mediation for Commercial Receivables
Mediation has become a must in commercial receivables actions and to this end some provisions of Turkish Commercial Code (“TCC”) and Code of Mediation in Civil Disputes have been amended within the scope of Code of Commencement of Execution Proceedings in Monetary Receivables Arising from Subscription Agreements (the “Code”) which became effective by being published in Official Gazette dated 19 December 2018 and numbered 30630. In this regard; By incorporating Article… »
Composition with Creditors
It is no secret that the Turkish economy has been suffering from a few problems. As is usually the case for all economies under distress, various Turkish businesses have been in dire straits. The depreciation in Turkish lira and inflation, together with other factors, put a lot of pressure on the Turkish economy. Various companies in Turkey started to have problems in making their payments in due time. A number of these companies applied for the procedure of composition with… »