On 2 July 2025, the Enlarged Board of Appeal of the European Patent Office (“EPO”), in its decision G 1/23, clarified whether a product already placed on the market, but whose internal structure cannot be analysed or reproduced by the skilled person, may nevertheless be excluded from the state of the art in the assessment of inventive step. In doing so, the Board added a new dimension to the ongoing debate following decision G 1/92.
The dispute giving rise to the decision…
»
Before filing lawsuits to assert patent rights against generics or biosimilars, the patent holder essentially operates in the dark. This is because, particularly in cases where the summary of product characteristics (“SmPC”) of the biosimilar/generic drug has not yet been published, or when it is not clear from the limited information in the SmPC whether the patent has been infringed, the relevant sections of the biosimilar/generic product's dossier must be examined to assess…
»
According to the Trademark Examination Guideline of the Turkish Patent and Trademark Office, which is aligned with the EUIPO guidelines, the comparison of trademarks should be based on the overall impression created by the marks. In this assessment, the length of a trademark can be an important factor. In general, the shorter a sign is, the easier it is for the public to perceive each of its elements. Conversely, in longer signs, differences are less likely to be noticed.…
»
On July 24, 2025, Türkiye introduced the Law Amending Certain Laws Related to Health (“the Law No. 7557), a wide-ranging reform aimed at modernizing and improving its healthcare industry. This legislation comes at a time when rapid social and economic changes, advancing technology, and growing healthcare demands require continuous adaptation and improvement of the healthcare system. Over the years, Türkiye has made significant progress in expanding healthcare access…
»
With the Regulation on Direct Sales (“Regulation”) published in the Official Gazette dated 8 August 2025 and numbered 32980, direct sale systems have been re-regulated, which are sales systems established by a direct sale company and in which direct sellers (who are not employed by the relevant direct sale company under an employment contract but rather act as independent representatives, distributors, consultants or under similar titles, and engage in return for benefits…
»
One of the most important temporary protection measures regulated by Turkish law is the determination of evidence. The implementation of determination of evidence, which is regulated in Articles 400 et seq. of the Code of Civil Procedure No. 6100 and is subject to simple legal procedure, may be requested for the purpose of making a discovery, obtaining an expert examination or taking witness statements in order to determine facts that have yet to be examined in a pending…
»
