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…
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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…
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Closures
Certain sectors were temporarily closed, by administrative order, ceasing all business operations. Those businesses that remained open introduced several workplace practices in order to minimise the risk of transmission, in line with their occupational health and safety obligations, which have been heightened in current circumstances.
Governmental facilities granted to employers
The Governmental authorities provided a prohibition on the termination of employment for…
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Having affected the whole world, Covid 19 pandemic also had an impact on trademark law as the other areas of law. When considered in detail, it can be seen that trademark law is affected in various aspects by the Covid 19 pandemic.
As a matter of fact, one of the most apparent examples of this impact is that the number of trademark applications related to the Covid 19 period has risen, although the number of trademark applications in total has decreased. Worldwide known…
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Although the Turkish Code of Obligations No. 6098 ("TCO") entered into force on 1 July 2012; with Article 53 of the Law on Amendment of Certain Laws and Decree Laws dated July 4, 2012 and numbered 6353, enforcement of Articles 323, 325, 331, 340, 342, 343, 344, 346 and 354 of the TCO (“Postponed Articles”) has been postponed for 8 years as of 1 July 2012 for workplace lease agreements where the lessee is a merchant in the scope of the Turkish Commercial Code ("TCC") or a…
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Co-published
An IP court has accepted the discovery of evidence demand made by an originator company against a generic pharmaceutical company after the court’s expert panel confirmed that patent infringement had occurred, but has then rejected the originator’s request for a preliminary injunction due to the so-called ‘Bolar’ exemption.
Facts
An originator company filed a discovery of evidence request with a preliminary injunction demand against a generic company that…
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