Determination of evidence, which is one of the most important temporary legal protection measures regulated in our law, is an institution that ensures the protection of evidence that will assist the proving of the matter. Considering that the adversarial trial process is adopted in our civil procedure law, the significance of the right holder being able to have the evidence which will help them prove their rightness effectively determined, is clear. However, as will be…
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In Turkey, following the criminal complaint route against counterfeits is very effective, yet several criminal courts are becoming rather hesitant to grant search & seizure warrants. The most problematic courthouse in this respect has been Istanbul Courthouse for quite some time and this courthouse is very important as its jurisdiction covers very significant locations for brand owners, such as Grand Bazaar, Taksim, Tahtakale etc.. The criminal courts of Istanbul…
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The Presidential Decree numbered 6365 Amending the Decision on Pricing of Medicinal Products For Human Use (“Decision”) was published in the Official Gazette numbered 32008 on 9 November 2022.
The following paragraph has been added to Article 2 of the Decision:
“Discount practices that cause temporary price changes in country/countries where the product is offered for sale, special practices related to product classification and taxation practices shall not be taken into…
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According to article 25(2)(d) of the Turkish Labour Act,(1) an employee bullying their employer, one of their family members or another employee constitutes a just cause for termination. Several precedents of the Court of Cassation state that "bullying" refers to threats, insults or battery. That being the case, employers often wonder whether other acts of misbehaviour by employees, which do not technically qualify as bullying yet disrupt workplace peace, may constitute…
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Despite legal uncertainties, court decisions in various jurisdictions have grasped with the issues of non-fungible tokens (NFTs), digital tokens that cannot be exchanged or replaced and may represent a tangible object in the real world. For the first time, a court in Turkey rendered a preliminary injunction (PI) regarding NFTs on June 21, 2022.
In the dispute filed before the Istanbul Third Civil Intellectual Property Court (court), heirs of Cem Karaca, who was an artist…
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The ‘interdependence principle’ was clearly established by the CJEU in Canon In two recent cases, the Patent and Trademark Office explicitly mentioned and set out the conditions for the application of the interdependence principle In one of the cases, the Office also found that an application including the dominant element ‘camelbak’ could not have been filed in good faith
The Interdependence Principle
For an application to be rejected under Article 6/1 of the Turkish…
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