As a result of a presidential decree aimed at protecting the value of the Turkish lira, residents in Turkey are now prohibited from agreeing to the value of monetary obligations in a foreign currency (or indexed to a foreign currency) in certain types of contracts, including employment contracts.
Presidential Executive Decree 85 was published on September 12, 2018, amending Decree 32 on the Protection of the Value of Turkish Currency and became fully effective on October 13…
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Co-published
It has become common for a plaintiff in an invalidation or determination of non-infringement action to demand a precautionary injunction against a defendant patentee to prevent it from enforcing its patent rights against the plaintiff, although there is no explicit legal provision for this in the Turkish Patent Law or procedural law.
The grounds on which such demands are based are highly questionable, considering that a patent term is limited and the period…
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Headnote
The Turkish Court of first instance held that the liability for damages arising from an unfair preliminary injunction (where no infringement was found in the action on the merits) is a type of strict liability and therefore did not investigate whether the defendant was at fault when ruling that the conditions for compensation were deemed to be fulfilled. The decision given in this case is the first known decision in Turkey for the compensation of damages arising from…
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The Istanbul Court of Intellectual and Industrial Property has ordered a patentee to pay €333,000 to the manufacturer of a generic pharmaceutical, after an injunction was unfairly granted against the manufacturer’s product. However, both parties are appealing the decision – the first in this area.
The IP Court initially granted a precautionary injunction against the manufacturer after a court-appointed expert panel opined that otherwise there would be a risk of patent…
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Turkish Medicines and Medical Devices Agency (“Agency”) recently published draft regulations for consultation in the field of medical devices. The drafts are important in terms of meeting with current market needs and harmonizing with EU legislation.
The first draft regulation is the Regulation on Medical Devices which was drafted in parallel with the EU Medical Device Regulation (EU/2017/745). The significant changes are the explicit regulation of processes for placing on…
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In 2017, both the Industrial Property Code No. 6769 (the IPC) and the Regulation on the Implementation of the IPC (the Regulation) were published and entered into force, uniting all IP rights in one Code which were previously regulated by different decree-laws.
The non-use defence in opposition proceedings was introduced with the IPC. According to the IPC if the trade mark claimed to be similar to the application is registered for more than 5 years as of the application date…
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