It has been three years since the Industrial Property Law, which combined different Decree Laws on specific IP rights, came into force. The fourth book of the Law introduces relatively new provisions regarding the patent system in Turkey that bring the national law into line with the European Patent Convention (EPC). Although it is too early for the implications of the new law to have come to light, working requirements and compulsory licensing remain the most questioned topi...»
The new IP Law (the “Law”) numbered 6769 abolished the provisions on “the use requirement of patents,” and “the evidence of use” of the Decree Law Pertaining to the Protection of Patent Rights. The Law now focuses on the requirements of use for patents within the provision of a Compulsory License.
Accordingly, a patent owner must make use of the patented invention within three years following publication of its granted decision in the Official Bulletin (‘the Bulletin’) or wit...»
The supply of pharmaceutical products to Turkey via the named patient programme (the “NPP”) is one of the exceptional importation regimes for pharmaceutical products. Where a pharmaceutical product is not granted marketing authorisation in Turkey, but patients are in need of it, it can be supplied via this special route. The entities that are authorised to import pharmaceuticals within the scope of the NPP are the Turkish Pharmacists’ Association (the “TEB”) and the Ibn-i Sin...»
Although ex parte injunctions are legally available, are quite rare in Turkish Patent Law practice. The IP Courts almost always reject requests for ex parte injunctions, preferring to evaluate the alleged infringement only after hearing both parties. However, in 2019, the Turkish IP Court unexpectedly granted a request for an ex parte injunction, due to the urgent nature of the matter.
The request for this ex parte injunction was filed against a company in Argentina. The comp...»
Discovery of evidence and actions for determination of evidence are separately regulated under the Civil Procedural Law. Discovery of evidence is a preliminary step taken before any action on the merits, and it only serves to discover and record the evidence that may be relevant to an ongoing or future action on the merits.
It must be emphasised that unlike the US and UK systems, there is no full and frank disclosure procedure under Turkish civil law. In other words, the part...»
Since Turkey’s inclusion as a member of the EPC, a hot topic has been the enforcement or invalidity of Turkish validation of European Patent(s) (“EP”) while proceedings before the European Patent Office (the “EPO”) are pending.
Once an EP is validated in Turkey, it becomes a national patent three months after its first granted decision by the Examination Board of the EPO. For EPs, the Turkish Patent and Trademark Office (the “TPMO”) acts only as a procedural agency. Thus, the...»
In 2018, the Istanbul IP Court decided on a generic pharmaceutical company’s damages claim based on an unjust PI, in what appears to be the first decision of its kind by the Turkish IP Courts within the pharmaceutical sector. The dispute between an originator firm and a generic firm derived from an infringement claim. The Court had issued a PI, which was lifted after 13 months based on the findings of an expert’s report, which found that no infringement had been made. The gen...»
In Turkey, the law explicitly states that pharmaceuticals which have their safety and efficacy proven through sufficient scientific and clinical studies within the direction of existing treatment guides, and are granted market authorisation by the Turkish Medicines and Medical Devices Agency (“Agency”) must be supplied only by pharmacies. However, the Agency is also competent to determine the exceptional importation regimes. Named Patient Program (“NPP”) is one of the excepti...»
Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 1 February 2020, the Presidential Circular No 2020/1 was published on the Official Gazette No 31026 on the transition period for the UK's exit from the EU. The circular indicated that the UK will continue to be subject to EU law until 31 December 2020.
Upon the publication of the Circular, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) about the effects of this transition period...»
Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 28 January 2020, the Turkish Medicines and Medical Devices Agency published a draft Regulation on the Sale, Advertisement and Promotion of Medical Devices (Turkish language) which will amend some of the existing provisions of the regulatory framework and introduce new rules.
The most significant amendments are related to restrictions of medical device sales and advertising activities. The medical devices described in either o...»
In opposition proceedings, the Court of Appeal has found that there was copyright
infringement since the opponent’s logo had been copied in the mark applied for The well-known status of the earlier mark also served as a basis for the decision
Arguably, the court correctly found that the applicant’s trademark should not be registered, but erred in its reasoning
The owner of the DERBY trademark, registered and well known for razor blades, opposed an application for...»
In a case concerning trade mark and copyright law, the Turkish Court of Appeal has ruled that the use of a figure intensively cannot prevent the use of similar figures, as long as they are not identical.
A recent decision of the Court of Appeal concerned an application to register a trade mark (shown right) in classes 29 and 43. The word elements in this application can be considered of low distinctiveness: ET means “meat” in Turkish, and so is descriptive for som...»