The Course of Coronavirus Outbreak and Its Economic Impacts
Coronavirus, first seen in December 2019 in Wuhan, China, and causing Covid-19 (coronavirus disease), has spread to all continents except Antarctica and 127 countries in as little as three months, and as of the date of this article, the number of confirmed coronavirus cases worldwide has exceeded 134.000 while the number of deaths has exceeded 4.900. On March 12, 2020, World Health Organization declared coronavirus…
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What can content creators do to protect themselves?
Copyright protection is mainly regulated under Turkish Intellectual and Artistic Works Law No. 5846 (referred to as Law No. 5846 hereafter). As to the Turkish Copyright Law, protection shall start with the creation and publication of the work to the public which meets the conditions under the Law No. 5846. Therefore neither registration of the copyright owned work with any competent authority nor confirmation of the same is…
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In a decision published on 18 December 2019, the Turkish Court of Cassation (COC) ruled that trade marks inspired by descriptive words, which are not allowed to be monopolized, are weak trade marks and cannot be protected like trade marks with a high distinctiveness. Even small differences can make these trade marks distinctive, and owners of weak marks cannot oppose the registration of the same signs with different elements. Mutlu Yıldırım Köse explains
Plaintiff's…
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It has been three years since the Industrial Property Law, which combined different Decree Laws on specific IP rights, came into force. The fourth book of the Law introduces relatively new provisions regarding the patent system in Turkey that bring the national law into line with the European Patent Convention (EPC). Although it is too early for the implications of the new law to have come to light, working requirements and compulsory licensing remain the most questioned…
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The new IP Law (the “Law”) numbered 6769 abolished the provisions on “the use requirement of patents,” and “the evidence of use” of the Decree Law Pertaining to the Protection of Patent Rights. The Law now focuses on the requirements of use for patents within the provision of a Compulsory License.
Accordingly, a patent owner must make use of the patented invention within three years following publication of its granted decision in the Official Bulletin (‘the Bulletin’) or…
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The supply of pharmaceutical products to Turkey via the named patient programme (the “NPP”) is one of the exceptional importation regimes for pharmaceutical products. Where a pharmaceutical product is not granted marketing authorisation in Turkey, but patients are in need of it, it can be supplied via this special route. The entities that are authorised to import pharmaceuticals within the scope of the NPP are the Turkish Pharmacists’ Association (the “TEB”) and the Ibn-i…
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