The advertisements and promotions pertaining to hygiene and health care products have increased in number in parallel with the necessities arising due to the COVID-19 pandemic. The advertisement types subject to special regulations of relevant legislation, including testimonial and comparative advertising practices, have been exercised. The diversity in the advertisements and promotions has been reflected in the decisions of the Advertisement Board and the fundamental notions…
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The Ministry of Health (MoH) published a draft Regulation on providing remote healthcare services (draft Regulation) and shared it with the stakeholders via the Turkish Industrialists' and Businessmen's Association for feedback. The draft Regulation is not currently publicly available. The draft Regulation aims to address the legal gap on telemedicine which has become a more pressing concern due to the COVID-19 pandemic. The most important provisions of the draft Regulation…
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On 23 October 2021, the Turkish Medicines and Medical Devices Agency (the Agency) published its amended guideline on the named patient programme (Turkish language) (guideline). The most important amendments concern the bodies authorised to supply foreign drugs and the countries from which products can be supplied.
The range of bodies authorised to supply foreign drugs has been broadened, and now in addition to the International Health Services (USHAŞ), Turkish Pharmacist…
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The Law Amending the Enforcement and Bankruptcy Law and Certain Other Laws No. 7343 (“Amendment Law”), known as the 5th Judicial Reform Package, which entered into force upon publication in the Official Gazette (31675) dated November 30th, 2021, introduced several important changes to the Enforcement and Bankruptcy Law No. 2004 (“Law No. 2004”), as well as Turkish Civil Law No. 4721 and Child Protection Law No. 5395. Several new arrangements particularly stand out, such as i)…
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Red Bull, the leading manufacturer and pioneer for energy drinks, encounters many trademarks, designs and trade dresses attempting to gain unfair advantage of Red Bull’s tremendous reputation worldwide.
Turkey is one market where Red Bull is the leader, so there has been a significant number of sales and market awareness. Therefore, the Turkish market is monitored carefully for infringing products, and brand protection strategy is applied properly by Red Bull.
In mid-2020…
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The Regional Court of Appeal has held that, in case of online infringement of a registered trademark, the owner of the trademark may initiate a court action against the infringer anywhere in Turkey.Background
The claimant, a foreign company which owned registered trademark rights in Turkey, was suffering from the defendant’s infringing acts and initiated a trademark infringement action.
Article 156 of the Turkish IP Code, entitled “Commissioned and competent court”, states…
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