What Are the Recent Decisions and Announcements Made by Government Health Institutions?
The outbreak of coronavirus (COVID-19), which has been declared as pandemic by the World Health Organization, has led to widespread measures being taken around the world. The coronavirus, first seen in Wuhan, China, in December 2019, has been detected in almost 28 Million cases in 215 countries as of today, creating a global crisis with a death toll of over 900.000. The number of cases and deaths started to rise rapidly after the announcement of the first case detection in… »
COVID-19: Update on Clinical Research Precautions
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 25 July 2020, the Turkish Medicines and Medical Devices Agency published an update to its announcement titled Precautions to be taken in Clinical Research due to the COVID-19 pandemic (Turkish language) that was originally published on 20 March 2020. The update reflects feedback collected from the industry. The updated announcement states the following: Applications to conduct online meetings between research personnel… »
District Court Upholds Foreign Mark Owner’s Opposition Based on ‘Genuine Right Ownership’ Ground
Cummins Inc opposed the registration of the mark GENUINE PARTS on the ground of ‘genuine right ownership’ The District Court ruled that Cummins had genuine rights in the mark due to its registrations in the European Union and the United States As the applicant and Cummins operated in the same field of business, the application had been filed in bad faith Background The principle of ‘genuine right ownership’, which is regulated by Article 6/3 of the Turkish Intellectual… »
Amendments to the Law No: 5651 Concerning Social Media
The law amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (the “Law No: 5651”) was accepted by the Turkish Grand National Assembly on July 29, 2020 and published in the Official Gazette on 31 July 2020. These amendments, which have been on the agenda for a long time and known as social media regulations, bring fundamental changes. New provisions have been added to the Law No. 5651. Essentially… »
COVID-19: Declarations of Conformity for Medical Devices Valid Only if Issued by Manufacturers
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 1 July 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) stating that declarations of conformity for medical devices issued by organisations other than manufacturers have no validity. Declarations of conformity can only be issued by manufacturers. Products classified under the Turkish Medical Devices Regulation as Class I (non-sterile and non-measuring) products and under the… »
Turkish Court of Appeal Considers Mandatory Mediation Requirement in Disputes Containing Both Monetary and Nonmonetary Claims
Mediation became mandatory for monetary-related commercial disputes from 1 January 2019, but the practical impact of this change had remained unclear Based on a recent Court of Appeal decision, it appears that monetary and non-monetary claims can be filed together without going through mandatory mediation This decision is significant in view of the high number of IP-related cases that include both types of claim Background Mediation became mandatory for monetary-related… »