Introduction
International Anti-corruption Day, on December 9 each year, aims to raise awareness of corruption and its destructive impact on society. In 2014 it was celebrated with the publication of the first-ever Foreign Bribery Report by the Organisation for Economic Cooperation and Development (OECD).
The report is an important international initiative in the fight against corruption. It examines 427 bribery cases concluded in member countries in the 15 years since the…
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When investing in the Turkish market investors should consider the legal procedures for terminating their business activities in advance, should a clean exit be required. A straightforward winding-up procedure will take at least a year.
If the company’s assets do not cover the debts, the shareholders and the managers will be personally liable from their own assets. The Tax Procedure Law introduces an aggravated liability regime for LLC shareholders and holds them liable in…
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The director of the Turkish Patent Institute recently gave a speech on the draft Patent Law, which amends certain clauses of the existing Patent Decree-Law. He stated that the aim of the draft patent law is to enable Turkey to develop its own pharmaceutical patents, to reduce dependence on imports and to harmonise national law with international agreements.
While the draft Patent Law is still pending on Parliament’s agenda, the Constitutional Court recently handed down a…
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1 General – Medicinal Products
1.1 What laws and codes of practice govern the advertising of medicinal products in Turkey?
In Turkey, advertising of medicines is governed by the Pharmaceutical and Medical Preparation Law No. 1262 (the Law No. 1262) and the Regulation on Promotional Activities of Medicinal Products for Human Use (the Promotion Regulation), which is based on the former.
The Promotion Regulation was published on August 26, 2011, came into effect on December 31…
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General Assembly of the Civil Chambers of the Court of Appeal, 2013/11-1138, 2014/6 The Court ruled that website operators will be held liable where the seller whose products are sold through the operator’s website infringes another party’s trade mark. Analysis of the Recent Decision of Turkish Court of Appeal There are no specific regulations governing the liability of online website sale operators in case the primary seller whose products are sold through the online sale…
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On June 22 2004 Turkey implemented the Bolar exemption by adding Article 75/1(f) to the Patent Decree-Law (551). Accordingly, regulatory acts such as obtaining marketing authorisation and conducting experiments and tests necessary to obtain marketing authorisations are exempt from the scope of patent rights.
The purpose of the Bolar exemption should treated carefully in order to protect the delicate balance between the parties’ legitimate interests. The patent protection term…
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