Alternative reimbursement models in Türkiye provide pathways for innovative medicines to gain coverage outside standard pricing rules, allowing the Social Security Institution (“SSI”) to negotiate terms such as discounts, budget caps, or other arrangements. These models, formalised under the 2016 Regulation on Alternative Reimbursement and updated in 2023, aim to improve patient access while managing healthcare expenditures.
The Regulation on Alternative Reimbursement…
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In a recent decision of the Turkish Court of Cassation (Merit No. 2024/6138, Decision No. 2025/3800), the Court conducted a holistic comparison between a globally renowned energy drink brand and a motor oil brand, examining all aspects, from the similarity of the goods to the colors and figurative elements used in the disputed trademarks.
Background
The dispute involved, on the one side, the plaintiff’s well-known marks in the energy drinks sector – the word mark “MONSTER…
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This article examines a lawsuit concerning the use of a trademark, after it was registered in Türkiye by a third party, with the aim of threatening infringement proceedings against the company that is the rightful owner of the mark and evaluates how the courts protect the genuine rights holder against bad faith registration.
Background
The dispute concerned the bad faith registration of a trademark that had previously been registered in Türkiye in the name of Stiefel…
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As is known, pursuant to Article 2/1(a) of the Administrative Procedure Law No. 2577, it is possible for persons whose interests have been violated to file an action for annulment against administrative acts on the grounds that such acts are unlawful in terms of authority, form, cause, subject matter, or purpose.
In such a relevant case the claimant alleges that the administrative act established by the defendant administration is contrary to the law and seeks its annulment.…
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In European Union (“EU”) legislation relating to trademark law, the concept of bad faith in trademark applications is not explicitly defined, nor are its boundaries clearly established. Although EU case-law provides significant guidance on the concept, it has been observed that there are different interpretations in practice and there are challenges in regard to achieving uniformity, making it difficult to foresee the manner in which assessment of claims of bad faith are…
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With its decision dated 01.08.2024 and numbered 24-32/758-319, the Turkish Competition Authority (“TCA”) rendered a landmark ruling that will be debated in the literature for a long time to come with regard to the delicate balance between IP law and competition law. The TCA concluded that the relevant economic entity, by using three-dimensional (“3D”) marks owned by company under investigation (“The Right Owner”) had abused its dominant position, by excluding its competitors…
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