Consultation on Draft Medical Devices Regulation
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 4 October 2018, the Turkish Medicines and Medical Devices Agency published the draft Regulation on Medical Devices (Turkish language), which was drafted in parallel with the EU Medical Device Regulation ((EU) 2017/745). The draft regulation is currently open to public consultation until 16 November 2018 and may be amended before final publication. One of the significant changes that the draft regulation will introduce for… »
Court Rules on Protection of Well-Known Trade Mark
In a recent decision, the Court of Appeal (the CoA) ruled that the well-known status of the GARANTİ mark for banking services would prevent registration of the KUTUP GARANTİ PLUS mark for different services. In June 2012, a Turkish company, with the word KUTUP as the main element of its commercial name, applied to register the mark KUTUP GARANTİ PLUS in Classes 35, 37 and 40. The opponent, a renowned company in the banking sector owning many GARANTİ trade marks in several… »
Leading Home Appliances Manufacturer Granted Preliminary Injunction Against Competitor
Co-published Last year, Turkey’s leading home appliance manufacturer filed two patent infringement actions, claiming the determination, prohibition and prevention of a patent infringement and seeking a preliminary injunction against an international company in the same sector for its coffee machine products. The infringement actions were based on two patents protecting different features and methods of a Turkish coffee machine – the first electronic coffee machine dedicated… »
Is Good, Fast, and Cheap Arbitration a Dream?
The business community’s original idea of arbitration was to solve commercial disputes smoother and faster than the conventional courts could. Back in those days, arbitration was, by definition, fast. However, this perception has changed. In the 2015 International Arbitration Survey, cost and lack of speed were considered as the worst characteristics of international arbitration. As a reaction to this growing appetite to run proceedings in a more efficient manner, arbitration… »
Iran Sanctions from a Neighbouring Country’s Perspective: the Turkish Standpoint
It was announced that the economic sanctions against Iran will be brought back to a large extent after the United States unilaterally withdrew from the Joint Comprehensive Plan of Action (“Iran nuclear deal”) implemented by the United Nations Security Council (“UNSC”) Resolution numbered 2231 and adopted in 2015, with the declaration of U.S. President Donald Trump on May 8, 2018. Immediately after the Iran sanctions having made staggering effects on the world trade are back… »
Stay of Execution to Mandatory Arbitration
The provisions providing for “appropriate remuneration” to be mandatorily determined by arbitration contained in the Regulation on Employee Inventions, Inventions Made at Institutions of Higher Education and Public-Funded Projects have been widely discussed since the entry into force of the Regulation. However, the Council of State assessed the provisions on mandatory arbitration for employee inventions for the first time in a case filed for the stay of execution and… »