The Turkish Court of Cassation (‘CoC’) upheld lower court decisions which ruled in favour of cancelling the Turkish Patent and Trademark Office’s (‘Office’) Re-Examination and Evaluation Board’s (‘Higher Board’) decision for invalidation of the ‘Mazstar’ trademark on the basis of likelihood of confusion with the plaintiff’s trademarks bearing the common element ‘Star’.
Dispute Background
The defendant filed an application before the Office for ‘MAZSTAR’ in classes 29 and 30.…
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Turkey’s first official diagnosis of COVID-19 was announced on March 11 2020. Since then, the country has experienced lockdowns, quarantines, travel bans and limited access to public services at various levels, depending on the progress of the pandemic. There were months where the legal and administrative bodies’ effectiveness was inversely proportional with the curve of pandemic, which affected all governmental agencies.
Incidentally, brand enforcement activities were also…
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Constitutional Court’s decision of 12 January 2021 concerning the application no. 2018/31036[1] discusses, once again, employer inspection on employees’ corporate e-mail accounts and the terminations relying on the collected correspondences, in scope of the right to protection of personal data and freedom of communication.
In the said decision, the Constitutional Court found no violation as to the right to protection of personal data and freedom of communication, since the…
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Introduction
As a sui generis agreement under Turkish law, distribution agreement mainly contains the characteristics of a sales and purchase agreement; however, it also differs from the same since the distributor's role is not limited to simply purchasing the products from the supplier/principal and selling them to customers or end-users. Instead, in a distribution agreement, the distributor is incorporated into the distribution chain of the supplier with having the right…
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Compassionate Use Programs are designed for patients who have a serious or urgent, life-threatening disease whose treatment has been unsuccessful with available medicinal products licensed by the Turkish Medicines and Medical Devices Agency (“Agency”) in Turkey and who cannot be included in the clinical trials on this subject. The Compassionate Use Program aims to provide the drug, which is not licensed in Turkey, but licensed or not in other countries, by the company that…
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Based on statistics of a global research Turkey is among the 15 countries with the longest time of both daily internet usage and social media usage. In 2021 there were 54 million social media users in Turkey; equal to 64 percent of the country's population.
Influencer marketing through social media influencers has achieved giant growth in the advertising sector. Brands, including global and local ones, cooperate with social media influencers to advertising their brands…
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