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Mediation now Mandatory for Monetary-related IP Disputes

Mediation now mandatory for claims relating to commercial receivables As civil suits falling under IP-related codes are considered as commercial actions, mediation is now mandatory for certain types of IP disputes It is expected that mediation will become mandatory for other types of IP disputes Discretionary mediation was first introduced into the Turkish legal system in 2013 by Law No 6325 on Mediation in Civil Disputes as one of the alternative dispute resolution… »

Privacy Issues in M&A Transactions in Turkey

Among other things, privacy issues in mergers and acquisitions now attract the attention of transaction parties. Privacy risks/issues in mergers and acquisitions used to be overlooked or underestimated. However, these days, conducting adequate due diligence on privacy issues and mitigating risks associated with a target’s privacy-related liabilities, as well as requesting privacy-related representations and warranties, are common in merger and acquisition transactions. The… »

Ex Parte Injunctions in Turkish IP Law

Although they are legally available, ex parte injunctions are quite rare in Turkish IP practice. The IP courts almost always reject requests for ex parte injunctions, preferring to evaluate the alleged infringement only after hearing both parties. However, in a recent case, the IP Court unexpectedly granted a request for an ex parte injunction, due to the urgent nature of the matter. The request for an ex parte injunction was filed against a company in Argentina. The company… »

Turkish Government Introduces Restrictions on use of Trademarks on Tobacco Products

Law Amending Some Laws and Decree-Laws Related to Health No 7151 entered into force on 15 November 2018 Under Article 24, tobacco goods produced in, or imported into, Turkey shall be offered for sale using plain and standardised packaging Issues surrounding plain and standardised packaging to be addressed by Ministry of Agriculture and Forestry regulation The control of tobacco consumption has been one of the top priorities of the Turkish government, and several measures… »

2019 Legislative Predictions for Turkey

Apart from an economic slow-down, one can say that 2018 has been productive and looked promising for Turkey from a privacy perspective. We have seen considerable efforts and attempts from the data protection authority, as it has been active in meeting with the practitioners, academics, organizing trainings and seminars, and issuing new guidelines, and regulations. We have seen more data breach decisions rendered by the DPA and these shed a light to the practice and claims… »

Certificate of Competence for Product Promotion Representatives

Dicle Doğan and Fatma Sevde Tan, Gun + Partners Article 10 of the Regulation on Promotional Activities of Medicinal Products for Human Use states that the Turkish Medicines and Medical Devices Agency shall issue a certificate of competence to the following individuals: Graduates of universities that educate product promotion representatives, upon submission of their diploma to the agency. Graduates from a school of higher education who have succeeded in a specified… »

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