Registry Practice Change Relating to Internal Directives for Representation of Companies
Istanbul Trade Registry (the “Registry”) published an announcement on its website regarding the issues to be considered regarding the scope and limits of representation authorization when preparing internal directives on representation. In joint stock and limited liability companies where the powers of the management body of the company are delegated to limited authorized representatives within the scope of an internal directive, it has become necessary to review the existing… »
New Regulations on Nutrition and Health Claims for Food and Food Supplements
The Regulation on Health Claims for Food and Food Supplements ("Regulation") entered into force through publication in the Official Gazette dated April 20, 2023 and numbered 32169. Regarding nutrition claims, the Turkish Food Codex Regulation on Nutrition Claims was published in the same Official Gazette and entered into force. The Turkish Food Codex Regulation on Nutrition and Health Claims, which regulated nutrition declarations and health declarations for food and food… »
Does the Appeal Period for an Application For Legal Remedy Begin Upon Announcement of the Constitution
Background Under Turkish law, the time period for an application for legal remedies (appeal and cassation) against court decisions begins, in principle, once the parties have been notified of the decision. However, some laws stipulate that the time period begins from the announcement of the decision by the court to the parties present at the hearing. The courts of first instance usually only announce a summary of the judgment at the decision hearing. The courts provide their… »
The Protection of European Patents in Turkey and the Compensation of Damages
Pursuant to the Regulation Indicating the Implementation of the European Patent Convention Regarding the Grant of European Patents in Turkey (the Regulation), a European patent application in which Turkey is designated is accepted as a national Turkish patent application starting from the moment an application number is given by the EPO. Once the application is filed before the EPO, the patent owners normally pursue the procedure before the EPO and then, once the patent is… »
PTO Issues Important Decision on Distinctiveness of Trademarksconsisting of Device Element and Descriptive Words
The Trademarks Directorate refused an application for a mark consisting of a device and the phrase ‘Clinical Trial Center’ due to a lack of distinctiveness The REEB upheld the applicant’s appeal, concluding that the phrase was not the main element of the mark The device element was sufficient to render the mark distinctive The Re-examination and Evaluation Board (REEB) of the Turkish Patent and Trademark Office (PTO) has overturned a first-instance decision issued by the… »
Decision on Pricing of Human Medicinal Products Has Been Amended
On 14 March 2023, the Presidential Decree numbered 6932 Amending the Decision on Pricing of Medicinal Products for Human Use (“Decision”) was published in the Official Gazette numbered 32132. With the Decision, a new rule have been introduced on the real source price calculation completing the rule introduced in November 2022. With the prior amendment in the Decision in November 2022, a rule had been introduced stating that products that do not have a retail sale in the… »