Amendment on the Decision on Pricing of Medicinal Products for Human Use
The Presidential Decree numbered 6365 Amending the Decision on Pricing of Medicinal Products For Human Use (“Decision”) was published in the Official Gazette numbered 32008 on 9 November 2022. The following paragraph has been added to Article 2 of the Decision: “Discount practices that cause temporary price changes in country/countries where the product is offered for sale, special practices related to product classification and taxation practices shall not be taken into… »
Misbehaviors of Employees, Which Do Not Reach The Level of Bullying Yet Disrupt the Workplace Peace, as Valid Grounds For Termination
According to article 25(2)(d) of the Turkish Labour Act,(1) an employee bullying their employer, one of their family members or another employee constitutes a just cause for termination. Several precedents of the Court of Cassation state that "bullying" refers to threats, insults or battery. That being the case, employers often wonder whether other acts of misbehaviour by employees, which do not technically qualify as bullying yet disrupt workplace peace, may constitute… »
A First for Turkey as Court Decides Preliminary Injunctions Can Apply to NFTs
Despite legal uncertainties, court decisions in various jurisdictions have grasped with the issues of non-fungible tokens (NFTs), digital tokens that cannot be exchanged or replaced and may represent a tangible object in the real world. For the first time, a court in Turkey rendered a preliminary injunction (PI) regarding NFTs on June 21, 2022. In the dispute filed before the Istanbul Third Civil Intellectual Property Court (court), heirs of Cem Karaca, who was an artist… »
Patent and Trademark Office Rejects Applications Based on Interdependence Principle
The ‘interdependence principle’ was clearly established by the CJEU in Canon In two recent cases, the Patent and Trademark Office explicitly mentioned and set out the conditions for the application of the interdependence principle In one of the cases, the Office also found that an application including the dominant element ‘camelbak’ could not have been filed in good faith The Interdependence Principle For an application to be rejected under Article 6/1 of the Turkish… »
Decision on Pricing of Human Medicinal Products Amended
The Presidency published a Decision (Turkish language) numbered 6207 amending the Decision on Pricing of Human Medicinal Products (Decision) in the Official Gazette numbered 31928 and dated 12 October 2022. The Decision amends the provision regarding profit rates and determined higher brackets for the calculation of pharmacist profit which is derived from the wholesaler price. The new brackets are as follows: The pharmacist profit is 28% of the wholesaler price when the… »
Debate on well-known Trademark Registry Expected to be Resolved Soon
The PTO is determined to maintain its well-known trademark registry, even though the Court of Cassation held that it has no authority to do so Rights owners may continue to file applications for the recognition and recordation of their trademarks as well knownbefore the PTO New regulation is expected to give the PTO explicit authority to keep the well-known trademark registry Background In 2020 the Court of Cassation concluded that the Patent and Trademark Office (PTO) had… »