Waiving from IP Rights in the Post-Covid Landscape
As the effects of the pandemic fade, it may be a good time to look into the lessons learned and take the necessary precautions against the next one. Indeed, pandemics have been a fundamental part of human history since time immemorial and diligently addressing the reasons for their emergence and the problems they create is quite important. However, the problem of inequitable access to drugs and vaccines faced during the pandemic remains unsolved today, with discussions of the… »
Pricing of Pharmaceuticals and the Fixed Exchange Rate
Pharmaceutical prices in Turkey have always been a controversial issue. The prices of medicines for sale are set under the Decision on Pricing of Human Medicinal Products (“Decision”) and the Communiqué on the Pricing of Human Medicinal Products (“Communiqué”) of September 29, 2017, issued by the Ministry, which is vested with the competencies to regulate this area. The Decision provides a reference pricing system, whereby the least expensive ex-factory price in one of the… »
Unified Patent Court - How It Will Resonate in Turkey?
The concept of the Unified Patent Court (“UPC”) entered the lives of European Patent holders with the UPC Agreement, an international agreement dated February 19, 2013. The system is intended to begin operation on June 01, 2023. The courts in question constitute a big and important step towards ensuring the unity of the judiciary for European Union member states. With the completion of the approval processes for 17 European Union members, a few days before the start of the… »
“Plausibility” in Turkish Patent Law and Its Impact on Invalidation Proceedings
The grounds for the invalidation of a patent within the scope of Industrial Property Law No. 6769 are listed per the numerus clausus principle. The concept of plausibility – which has been the subject of numerous evaluations, especially by the European Patent Office (“EPO”) and frequent debate in academic circles in recent years – has not yet found a place within the scope of any legal regulation in Turkey. Moreover, there is no consensus on a Turkish wording for an… »
Market Access- Alternative Reimbursement Models
The pharmaceutical industry has long required a unique model for price setting where its conditions could be negotiated with the SSI, exempt from regular price and reimbursement rules given to innovative products. With the enactment of the Social Security and General Health Insurance Law numbered 6552 in September 2014, alternative reimbursement models became an essential topic in the Turkish healthcare industry. The complementary provisions introduced with the Regulation on… »
Termination Disputes relating to Partnership in Non-Public Joint Stock Companies
In joint stock companies, which is one of the most preferred partnership types due to the limited liability of shareholders, due to various concerns such as family and personal concerns and the relevant shareholders’ unsatisfied expectations relating to the company’s performance, shareholders may sometimes wish to terminate the partnership with other shareholders. In such cases, it is critical which actions can be taken by the controlling shareholders against the minority who… »