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Should the Lawyer Follow the Judge’s Misdirection?

Judges represent the state while exercising their judicial power on behalf of the nation. In this respect, it is the principle that the judge, who is expected to be independent first to the state and then to the parties, should be bound only by the rules of law. A thinker has said in this direction, “Judges are both masters and slaves of the law”. A lawyer, on the other hand, is self-employed, but also serves in the public sector as he/she participates in the distribution of… »

Declaration of Ultimate Beneficial Ownership in Turkey

In order to prevent tax evasion and ensure financial transparency, the Turkish Revenue Administration under the Ministry of Treasury and Finance issued General Communiqué No. 529 on Tax Procedure Law (the “Communiqué”) imposing an obligation to make ultimate beneficial ownership declaration on a wide range of entities, notably, corporate taxpayers. The Communiqué was published in the Official Gazette on July 13, 2021, and entered into force the same day. The deadline for… »

Higher Board Decides in Favour of UGG Based on Well-known Trademark Status and Principle of Interdependence

The Re-examination and Evaluation Board (the Higher Board) of the Turkish Patent and Trademark Office has issued its decision in a case involving the marks UGG and UGG WATCH, applying the principle of interdependence and considering the well-known status of the UGG mark as a criterion for the likelihood of confusion analysis. Background The trademark application for UGG WATCH was filed for “jewellery (including imitation jewellery); gold, jewellery, precious stones and… »

COVID-19: Update on Precautions to be Taken in Clinical Research in 2021

On 20 March 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) titled "Precautions to be Taken in Clinical Research Due to COVID-19 Pandemic". This announcement was updated on 24 July 2020. On 19 July 2021, based on the normalisation process regarding COVID-19, the Agency published a further updated version of the announcement. According to the latest update, for initial applications for clinical research and applications… »

Guidelines on Named Patient Programme Amended in 2021

The Turkish Medicines and Medical Devices Agency's guidelines on the Named Patient Programme (Turkish language) explains the procedure for the supply from abroad of drugs that are not authorised in Turkey or not available on the Turkish market. The guidelines were first published in 2014, amended in 2015, 2017 and 2020, and finally published in the most current version on 9 August 2021. The latest amendment made to the guidelines introduces the definition of generic products… »

Red Bull Triumphs in Opposition Before the Turkish Patent and Trademark Office

The Turkish Patent and Trademark Office has upheld Red Bull’s opposition against an application for a composite mark intended for energy drinks. Background The applicant, a food company established in 1996, sought to register the below trademark in Class 32 – particularly for energy drinks. (BLACK TALLBOSS mark) This application passed the initial examination and was published in the Official Trademark Bulletin of the Turkish Patent and Trademark Office, for possible… »

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