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New Regulation on Promotional Activities for Pharmaceutical Products

Introduction The Turkish Pharmaceutical and Medical Device Agency’s (TMMDA) new Regulation on the Promotional Activities of Pharmaceutical Products for Human Use was published in the Official Gazette on July 3 2015. Most of the provisions of the new regulation entered into force on the date of publication, without a transitional period. The new regulation abolishes the previous Regulation on the Promotional Activities for Medicinal Products for Human Use (as published in the… »

Enforcement of Foreign Judgements 2016, Turkey Chapter

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1 Treaties Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties and what if any amendments or reservations has your country made to such treaties? Other than the multilateral treaties on family law, Turkey is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. However, Turkey… »

Turkish IP System Continues to Evolve Despite Unresolved Issues

As a bridge between Europe, Asia and the Middle East, Turkey continues to attract the attention of both foreign investors and IP infringers. Turkey has been adapting its IP legislation in line with international treaties since the mid-1990s. Its current IP regime largely complies with EU legislation and provides sufficient legal basis to protect the rights of IP owners. Specialised IP courts serve in three major cities (Istanbul, Ankara and Izmir), and the police and customs… »

Decoding Products – Where IP Rights Clash with Competition Rules

Cases involving decoding – where retailers alter or remove the identifying marks placed on goods by rights holders – sit at the intersection of IP and competition law and need careful analysis, depending on both the sector and jurisdiction involved Decoding cases are one of the best examples of the interrelation between IP rights and competition rules, requiring an in-depth analysis of IP protection and free trade with – in most cases – rights holders on one side and parallel… »

IP Court: Foreign Registrations Should be Taken Into Account During Examination

In a recent decision, the Third Civil IP Court of Ankara has made a detailed examination of the distinctiveness and descriptiveness of a trademark, and cancelled the refusal of the Turkish Patent Institute (TPI) based on a strong reasoning. Arguably, the decision – in which the court also interpreted the impact of foreign registrations for the same trademark – sets an important precedent for similar cases. The applicant’s trademark application for AIRCRUISE BIONICS, which is… »

Turkey: Paternity and Adoption Leave Introduced into Turkish Law

Whilst state employees have been entitled to 10 days paternity leave (increased in 2011 from three days) plus 24 months unpaid leave upon request and 24 months unpaid adoption leave (introduced in 2011), there was no similar entitlement for most private sector employees. Nevertheless, whilst legislation was silent on the matter for a long time, many private sector employers voluntarily granted their employees paternity leave of three to five days. Initially it was mostly… »

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