PTO Issues Exemplary Decision Clarifying Concept of ‘Bad Faith’
The PTO has refused an application for MA MONDE FRESHEN UP & SHINE following an opposition by a foreign cosmetics company The fact that the applicant sought to register a sign identical to the opponent’s trademark could not be a mere coincidence The Trademarks Department also considered the opponent’s trademark registrations and usage abroad, as well as the applicant’s bad faith The Trademarks Department has found that the application for MA MONDE FRESHEN UP &… »
Boundaries of Competition in Labor Markets: An Analysis in Terms of No-Poaching Agreements and Ancillary Restraints Defense
The consecutive investigations initiated by the Competition Board ("Board") due to competition violations in labor markets, with the first one in 2021, have stirred significant attention. Following the investigations concerning 32 undertakings, primarily consisting of innovation-based technology companies, which resulted in substantial administrative fines imposed on some of the undertakings within the scope of the investigation, the investigations initiated against 19… »
Named Patient Program in Turkey
Named Patient Program (“NPP”) is one of the exceptional pharmaceutical importation regimes for products that are not authorized or authorized but unavailable in the Turkish market for various reasons. After numerous allegations in the news that the drugs supplied from abroad and used in cancer treatment were only products containing painkillers and that the products were counterfeit, the Regulation on the Supply of Medicines from Abroad (“NPP Regulation”) was published on… »
Omnibus Law Amends Pharmaceutical Legislation
On 1 March 2024, the Omnibus Law Amending Certain Laws and Decree Law No. 663 (the “Omnibus Law”), which amends certain provisions of the Law No. 1262 on Pharmaceuticals and Medical Preparations (the “Law No. 1262”) and the Fundamental Law on Healthcare Services No. 3359 (the “Law No. 3359”), was published in the Official Gazette numbered 32476. In the general preamble of the Omnibus Law, it was stated that social and economic transformation, rapidly developing technology… »
Jurisdictional Conflicts in Global FRAND Cases and the EU's WTO Complaint against China for Alleged Violation of TRIPs
Anti-suit injunctions ("ASI") issued by Chinese courts, which prevent parties of proceedings concerning standard-essential patents ("SEPs") from bringing proceedings against each other in different countries, have become one of the controversial issues in these proceedings, highlighting the "jurisdiction of the court". As is known, in the case of SEPs, the first issue that confronts the patent holder and the company implementing the SEP is whether a licence has been asked… »
Turkish Court of Cassation’s Recent Approach to Public Policy in Enforcement and Setting-Aside of Foreign Arbitral Awards
In general terms, public policy is defined as a set of rules and principles ensuring a smooth conduct of public services, a state’s security and safety, and compliance of the relationship between individuals with the principles of peace and ethics[1]. Due to its conceptual nature and vulnerability to a turmoil of different interpretations, violation of public policy appears as one of the most prevalent counter arguments in enforcement and setting-aside proceedings of foreign… »