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We share our knowledge and expertise to update our community and clients about legal developments in Turkey.

TPI appointed as ISA and IPEA

On October 6 2016, the Turkish Patent Institute (TPI) has been appointed as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty (PCT) during the 56th series of Meetings of the Assemblies of the Member States of WIPO. The process was started with the application of TPI filed in March 2016 before the WIPO and first the advice of the PCT Committee for Technical Cooperation was sought. During the… »

Sponsorship Exemption for Medical Device Simulation Centres and Cadaver Centres for Surgical Training

Introduction The Regulation on the Sale, Advertisement and Promotion of Medical Devices was amended by a new regulatory measure published in the Official Gazette on September 22 2016. The amendments introduce new provisions regarding: the notification of changes to sales and promotion staff; where medical device sales centres can be opened; and exceptions to activities considered to be scientific and educational meetings. The third provision will make significant changes to… »

Turkey: Automatic Enrolment in Private Pension Plans

An amendment to the Law on Private Pension Savings and Investment System Act 2001 (the ”Law”) was recently published and introduced automatic enrolment for employees in private pension plans. Under the amended Law employees (including public sector employees) aged under 45 shall be automatically enrolled in a private pension plan arranged by the employer. The amended Law sets out the employer’s contribution for the plan as 3% of the employee’s average earnings, including… »

Is 4X4 Equal to 8X4 Under Trademark Law?

The Ankara Third Civil Court of Intellectual and Industrial Property Rights recently ruled on the confusing similarity between the well-known trademark 8X4 and the trademark FASHION 4X4. The court cancelled the decision issued by the Turkish Patent Institute (TPI), which concluded that the trademarks 8X4 and FASHION 4X4 were not confusingly similar under Article 8/1(b) of Decree-Law 556 on the Protection of Trademarks. FactsA company operating in the cosmetics sector applied… »

Turkey’s Court of Constitution Officially Recognizes Right to be Forgotten

While the world has already discussed, debated and come to a conclusion by adopting different measures and amendments regarding the right to be forgotten, Turkey has also taken some firm steps forward with the decisions of the Court of Appeals in the way of establishing the right to be forgotten. The evaluation of the right to be forgotten in light of the fundamental rights has never been done before, until March 03, when the Constitutional Court of Turkey ruled to a parallel… »

Accessing The Turkish Medical Devices Sector: A Promising Combination Of Opportunities and Challenges

As the fifteenth largest economy in the world and with a population of 80 million, Turkey presents an exciting opportunity for investment and development in the area of healthcare. In addition to a growing population which is covered by an extensive social healthcare system, Turkey has implemented a policy in recent years to capitalize on its reputation as a regional hub for healthcare tourism. However, despite the financial opportunities that are associated with the Turkish… »

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