Turkey’s first official diagnosis of COVID-19, which is considered to have begun in China’s Whuan city in December 2019 and which has spread to millions worldwide in the following months, was announced on 11 March 2020. Following the first case reported in Turkey and basically due to sudden increase in the demand for products such as masks, disinfectants, detergents; a direct increase has also been observed in the supply of counterfeit products to the market, which are…
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In a case involving several MESA marks, the Court of Appeal has confirmed that the plaintiff had lost its right to claim trademark infringement due to its silence
The court applied this principle even though the defendant had not clearly raised it as a defence
The case highlights that loss of right to sue due to silence is an important tool for defendants in trademark infringement/invalidation actions
Background
The plaintiff, acting as the owner of the trademark MESA and…
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Due to COVID-19 pandemic, precautions needed to be taken in the field of clinical trials where it is requisite to ensure the protection of the rights, safety and wellbeing of trial participants.
In this regard, European Medicines Agency published Guidance on the Management of Clinical Trials during the COVID-19 (Coronavirus) Pandemic on 20 March 2020 and released revised Version 2 on 27 March 2020 and recently updated Version 3 (“EMA Guidance”) on 30 April 2020.
The EMA…
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In accordance with general precautions established by the government due to the COVID-19 pandemic, the Turkish Medicines and Medical Devices Agency published new arrangements in March 2020 on promotional activities concerning medicines to encourage social isolation.
On 19 March, the Agency published an announcement (Turkish language) indicating that product promotion representatives of the pharmaceutical companies must cease visiting health institutions and establishments…
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On 20 March 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) on precautions to be taken in clinical trials due to the COVID-19 pandemic.
The announcement states that sponsors of clinical trials should continuously assess risk and update their research organisations accordingly. This risk assessment should take into account the COVID-19-related priorities, reduce the burden of research centres and follow social isolation…
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TURKPATENT found that there was no likelihood of confusion between AFİYETLE DİYET and AFİYET
The IP Court, the District Court and Court of Appeal disagreed, concluding that there was a likelihood of confusion
The case shows that there is no established approach to weak trademarks
Background
In 2014 the defendant applied to register the trademark AFİYETLE DİYET (which may be translated as ‘diet with health, appetite’) in Classes 5, 9, 29, 30, 31 and 32.
The plaintiff, the…
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