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Turkish Court of Cassation Rules in CERAN v CERAMO Case

In a recent case, the General Assembly of Civil Chambers of the Turkish Court of Cassation ruled that although the defendant argued that the earlier trade mark CERAN originates from the word “ceramic”, this is not the case and CERAN functions as a trade mark for Turkish consumers. Therefore it can block the latter trade mark CERAMO from being registered for similar goods. History of the dispute The dispute dates back to 2015. Schott opposed the Turkish trade mark application… »

Non-Fungible Tokens (NFTs) and Trademarks

Updates -

NFTs have been significantly popular in 2022 from a trademark law perspective like many other fields. As many more businesses in various industries have carried their trademarks to Metaverse and launched NFT collections in 2022, the number of trademark applications covering NFTs has significantly and proportionally increased .[1] To satisfy the high demand and urging need caused by this trend, European Union Intellectual Property Office (“EUIPO”) published a guideline that… »

A New Era in .Tr Extended Domain Names - and a New Issue Waiting for a Solution

Nic.tr (".tr" Domain Name Management), established under the auspices of Middle East Technical University ("METU"), has been managing ".tr" domain names and dispute resolution processes related to these domain names since 1991. According to Article 35 of the Electronic Communications Law No. 5809 and the Internet Domain Names Regulation, TRABIS (".tr" Network Information System), established by the Information and Communication Technologies Authority ("BTK"), became… »

Decision on Pricing of Human Medicinal Products Amended with New Price Calculation

Updates -

On 14 March 2023, the Presidential Decree numbered 6932 Amending the Decision on Pricing of Medicinal Products for Human Use (Turkish Language) (Decision) was published in the Official Gazette numbered 32132. The Decision introduces a new calculation for the real source price of products where the source price cannot be determined with the Presidential Decree numbered 6365 Amending the Decree on Pricing of Medicinal Products for Human Use that was introduced in November 2022… »

Medicines and Medical Devices Agency Publishes Guideline on Co-Marketing

Updates -

On 17 February 2023, the Turkish Medicines and Medical Devices Agency (Agency) made an announcement (Turkish language) on its official website that it had published a Guideline on Human Medicinal Products that are Co-marketed (Guideline). The Guideline came into force on the day of its publication. The Guideline aims to provide guidance on licensing of co-marketed human medicinal products, cancellation or suspension of the main product's marketing authorisation and… »

Law on the Protection of Personal Data and Its Application

On April 7, 2016, the Law on the Protection of Personal Data (“Law”) came into force in Turkey as a special law regarding the protection of personal data. The Law is a step towards harmonising Turkish legislation with EU legislation, and it was prepared based on Directive 95/46/EC on data protection (“Data Protection Directive”). Although the Law is very similar to the Data Protection Directive, certain principles of the General Data Protection Regulation (“GDPR”) were also… »

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