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Notification Obligation in Case of Supply Interruption of Medical Devices

Updates -

The Turkish Medicines and Medical Devices Agency (the “Agency”) has announced new notification obligations for economic operators in the event of an interruption or discontinuation (termination) of the supply of medical devices. This regulation was developed in line with the Medical Devices Regulation and the In Vitro Diagnostic Medical Devices Regulation, which were enacted as part of the European Union (“EU”) harmonization process and was published on May 21… »

Jurisdictional Implications of CJEU Case C-339/22 and Article 71(3) of Brussels Ibis for Non-EU States: The Case of the UK, Norway, Switzerland and Türkiye

As previously discussed in articles such as The Unified Patent Court: How Will It Affect Turkey? by Gün + Partners, decisions of the Unified Patent Court (UPC) on the infringement or validity of a European patent are not binding on the national courts of non-EU countries, including the United Kingdom, Norway, Switzerland, and Türkiye. This reflects the principle of territoriality, which limits the jurisdiction of international courts to their member states. Although these… »

Threshold Values for Statutory Independent Audit Updated for 2025

The threshold values to be used in determining whether companies will be subject to independent audit under the Turkish Commercial Code No. 6102 (the “TCC”) for financial year starting on or after January 1st 2025 have been updated with the Presidential Decree published in the Official Gazette dated May 1st 2025 and numbered 32887. Accordingly, the general thresholds for being subject to independent audit for companies other than those specifically listed in the annex of the… »

Trademark Applications Made in Bad Faith and the Assessment of Bad Faith in European Union Law Under the CP13 Common Practice in Comparison With Turkish Trademark Law

ABSTRACT Bad faith in EU trademark law is regulated under the EU Trademark Regulation and related directives. According to the Court of Justice of the European Union, bad faith is an autonomous concept of EU law and must be interpreted uniformly across the Union. Although various legislative efforts continue within the EU harmonization framework, amendments to the regulations and directives alone do not ensure consistent and predictable decisions by national trademark offices… »

Constitutionality of the Turkish Competition Authority’s Power to Conduct On-Site Inspections in Light of the Decision of the Turkish Supreme Court Issued on 23/3/2023

ABSTRACT In Turkish and European Union competition law practices, competition authorities are vested with various powers aimed at protecting competition, by investigating, inquiring, detecting, and terminating competition infringements. The scope and extent of these powers have been the subject of numerous debates and legal cases. Most recently, the Turkish Constitutional Court’s decision issued on 23/3/2023, which ruled that the Turkish Competition Authority’s power to… »

Popeye without Spinach, Mickey Mouse without Gloves? Copyright Terms and the Public Domain

While copyright protection grants authors the exclusive right to exploit their creations, this protection is not indefinite. At the end of the term determined by the legislation of each country, the financial rights granted to the author expire and the work enters the public domain. The public domain process ensures that works become part of the collective heritage and thus continue to freely evolve and live on for generations. In this way, numerous masterpieces, from world… »

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