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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The rapid development of artificial intelligence (AI) technologies and the widespread use of generative artificial intelligence systems also bring the need to regulate artificial intelligence. The steps taken and the issues discussed in European Union member states within the scope of the European Union’s AI Act have also begun to clarify the legal framework applicable to those systems and applications. Despite the lack of any specific regulation applicable to AI in Türkiye…
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In Turkey, absolute grounds for refusal in trademark registration are regulated under Article 5 of the Industrial Property Code No 6769 (the IP Code). According to Article 5(1)(f) of the IP Code, signs that may mislead the public about matters such as the nature, quality or geographical origin of the goods or services are one of the absolute grounds for refusal, meaning that those signs shall not be registered as trademarks.
Background
In an opposition proceeding before the…
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In recent years, the concept of “mystery boxes” or “surprise boxes” has become increasingly popular, taking a central place in the marketing strategies of many companies. While the element of surprise and intrigue offered by these products is highly appealing, it also raises various legal questions regarding whether the delivered items actually meet consumer expectations.
The Advertisement Board (“Board”), at its meeting dated September 11, 2025, placed on its agenda mystery…
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Artificial intelligence influences every aspect of our lives and creates revolutionary effects in the pharmaceutical industry as well as in many other sectors. From DeepMind's AlphaGo success to Tempus' personalized approaches to cancer treatment, AI-enabled innovations offer not only scientific achievements, but also wide-ranging advantages such as operational efficiency, cost reduction and risk reduction. However, this technological leap also raises critical questions about…
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Barely two years after its operational launch, the Unified Patent Court (“UPC”) has already begun shaping a transnational doctrine of patent infringement by equivalence. Between late 2024 and mid-2025, four landmark first-instance decisions — Plant-e v Bioo (The Hague LD), Brussels LD CFI 376/2023, Mannheim LD CFI 471/2023, and N.J. Diffusion v Gisela Mayer (Paris LD) — established, refined, and finally harmonised the analytical framework for assessing functional equivalence…
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In light of the amendments made in the Regulation on the Procedures and Principles Regarding the Monitoring of Transactions Affecting Foreign Exchange Positions by the Central Bank of the Republic of Türkiye (“Regulation”)on 3 May 2025, the criteria for companies subject to reporting obligations have been revised along with the reporting periods. This development has created a need to re-evaluate the reporting obligation, its scope and other practical issues relating to the…
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With the decision of the Personal Data Protection Board dated 04.09.2025 and numbered 2025/1572, which entered into force by being published in the Official Gazette on 01.10.2025, the scope of data controllers exempt from the obligation to register with the Data Controllers’ Registry (VERBİS) has been amended.
Previously, data controllers whose main activity involved processing special categories of personal data were subject to the VERBİS registration obligation. However…
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Mutlu Yıldırım Köse and Begüm Soydan report on a case in Turkey concerning the registration of the trade mark Clindoxyl and its use to threaten infringement proceedings against the genuine right holder, in which the courts protected the rightful owner and invalidated the bad faith registration.
Background
The dispute concerned the bad faith registration of a trade mark that had previously been registered in Türkiye in the name of Stiefel Laboratoires, Inc., an affiliate of…
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The Law No. 7557 on the “Amendments to Certain Laws Related to Health and to the Decree Law No. 663”, which entered into force on 24 July 2025, introduced numerous changes that directly affect the healthcare sector. One of these changes is the Additional Article 20, which was added to the Basic Law on Health Services. This article aims to address critical areas such as the placement of counterfeit medical devices on the market, unauthorized sales and technical service…
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On 2 July 2025, the Enlarged Board of Appeal of the European Patent Office (“EPO”), in its decision G 1/23, clarified whether a product already placed on the market, but whose internal structure cannot be analysed or reproduced by the skilled person, may nevertheless be excluded from the state of the art in the assessment of inventive step. In doing so, the Board added a new dimension to the ongoing debate following decision G 1/92.
The dispute giving rise to the decision…
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Before filing lawsuits to assert patent rights against generics or biosimilars, the patent holder essentially operates in the dark. This is because, particularly in cases where the summary of product characteristics (“SmPC”) of the biosimilar/generic drug has not yet been published, or when it is not clear from the limited information in the SmPC whether the patent has been infringed, the relevant sections of the biosimilar/generic product's dossier must be examined to assess…
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