The Regulation on the Promotional Activities of Pharmaceutical Products for Human Use (“Promotion Regulation”), dated July 3, 2015, regulates the promotional activities of medicinal products for human use.
Under the Promotion Regulation, any advertisement of products to the general public, whether directly or indirectly, through any public media or communication channels, including the Internet, is prohibited. Pharmaceutical products may be promoted only to physicians…
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Named Patient Programs (“NPP”) is one of the exceptional pharmaceutical importation regimes for products that are not authorized or authorized but unavailable in the Turkish market for various reasons.
In cases where a product does not have marketing authorization in Türkiye or has marketing authorization but cannot be found on the market, and patients need the product in question, it is possible to procure the pharmaceutical via this method upon the request of a physician.…
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Due to the rapid increase in the current exchange rates, pharmaceutical prices have been one of the most controversial issues in Türkiye in 2023. The price of medicines for sale are set under the Decision on Pricing of Human Medicinal Products (“Decision”) and the Communiqué on the Pricing of Human Medicinal Products (“Communiqué”) of September 29, 2017, issued by the Ministry, which is vested with the competencies to regulate this area.
The Decision provides a reference…
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In disputes arising from the termination of the employment agreement by the employer, although the issue of whether the employment agreement is terminated with just cause or valid reason does not have an impact in terms of the evaluation of the reinstatement request, it is crucial in terms of requesting employment claims.
Yet, when the employment agreement is terminated with a valid reason or just cause, the reinstatement request shall be rejected in both cases, whereas the…
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In a case involving a registrant whose domain name was transferred to a complainant by a WIPO panel at the end of UDRPproceedings, the Turkish Court of Cassation has clarified that it is not possible to request “cancellation” of WIPO panel decisionsrendered pursuant to the UDRP.
Background
The plaintiff (registrant in the UDRP proceedings) registered the gTLD ‘donerstop.com’ on 6 June 2014. The defendant (complainantin the UDRP proceedings) applied to register the trademark…
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The 11th Civil Chamber of the Court of Cassation (CoC) has ruled that there is a likelihood of confusion between the trademarks N11 and OTEL 11 (15 February 2024, 2023/3633 E (Merits), 2024/1117 K).
Background
The applicant filed a trademark application for OTEL 11 in Class 43.
The opponent, one of the largest online shopping websites in Türkiye, requested refusal of the application on the following basis:
OTEL 11 created a likelihood of confusion with its earlier…
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