Taklit Ürünlerle Mücadelede Yeni Gelişme
Procedures and Strategies for Anti-Counterfeiting in Turkey
The availability of preventive measures at Customs is vital in the fight against counterfeiting. In light of this, the Customs Code and the relevant customs regulations have been amended in line with TRIPs. Legal frameworkTurkey is a party to most international IP-related treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), which aims to harmonise the legal framework for anti-counterfeiting and anti-piracy. Turkey’s new IP Code… »
District Court Confirms Regulatory Data Protection is an IP Right
Regulatory data protection has been a contentious issue since it was introduced into Turkish law via the Ministry of Health Licensing Regulation. The most problematic areas are: the implementation of regulatory data protection as market exclusivity, despite contradictory wording in the Licensing Regulation; and limiting the regulatory data protection right to within the patent term. When this issue comes before IP courts in cases of unfair use of data by third parties… »
First Damages Claim Decision in Pharma Sector for Unjust Preliminary Injunction
The Istanbul IP Court has recently decided on a generic company’s damages claim based on an unjust preliminary injunction, in what appears to be the first decision of its kind by Turkish IP courts within the pharmaceutical sector. The parties can appeal the decision before the district court, as well as the court of appeal, after the proceedings. FactsThe dispute between an originator firm and a generic firm derived from an infringement claim. The court had issued a… »
Constitutional Court Issues Decision on Reasonable Time Requirement in Criminal Proceedings
Introduction Since 2012, individuals in Turkey have been able to make individual complaint applications to the Constitutional Court claiming that the state has violated their fundamental constitutional rights (or rights under the European Human Rights Convention) through its acts or omissions. One of the most common claims is that the state has violated an individual’s right to a fair trial by failing to meet the reasonable time requirement and concluding criminal cases over… »
Well-known Trade Marks in Turkish Legal Practice: Scope of Protection
I. Introduction The scope of protection of well-known trade marks has been important yet controversial in Turkey, both in the period before the adoption of the Decree Law No. 556 Pertaining to the Protection of Trade marks of 24.06.1995 (‘Decree Law No. 556’) and with the Industrial Property Act No. 6769 (‘the IP Act’) adopted by the Turkish Parliament, published in the Official Gazette and entered into force on 19 January 2017.2 The definition of well-known trade marks… »