The Turkish Court of first instance held that the liability for damages arising from an unfair preliminary injunction (where no infringement was found in the action on the merits) is a type of strict liability and therefore did not investigate whether the defendant was at fault when ruling that the conditions for compensation were deemed to be fulfilled. The decision given in this case is the first known decision in Turkey for the compensation of damages arising from...»
I. PRE-FILING REQUIREMENTS/DEMAND LETTERS
Although it is not mandatory to send a demand letter before instituting proceedings in this jurisdiction, it is common to send such a letter.
Although it is not mandatory to attempt to settle with the other party before instituting proceedings in this jurisdiction, it is commonly done.
It is neither mandatory nor common to engage in mediation or other alternative dispute resolution proceeding with the other party before instituting i...»
Turkish Medicines and Medical Devices Agency (“Agency”) recently published draft regulations for consultation in the field of medical devices. The drafts are important in terms of meeting with current market needs and harmonizing with EU legislation.
The first draft regulation is the Regulation on Medical Devices which was drafted in parallel with the EU Medical Device Regulation (EU/2017/745). The significant changes are the explicit regulation of processes for placing on th...»
In 2017, both the Industrial Property Code No. 6769 (the IPC) and the Regulation on the Implementation of the IPC (the Regulation) were published and entered into force, uniting all IP rights in one Code which were previously regulated by different decree-laws.
The non-use defence in opposition proceedings was introduced with the IPC. According to the IPC if the trade mark claimed to be similar to the application is registered for more than 5 years as of the application date ...»
The Life Sciences sector is deeply evolving, with many legal challenges. The Annual IBA WLSC gathers more and more members every year and the 2019 conference will again be the occasion to share views and knowledge, enhance initiatives and contribute to valuing our constantly evolving legal practice on the field.
The conference is presented by the IBA Intellectual Property and Entertainment Law Committee.
Roundtables covering the cutting edge topics of Life S...»
i Nature of the insurance and reinsurance market
There are 62 active insurance companies incorporated in Turkey, consisting of 39 non-life insurers, 18 life and pension insurers, four life insurers and one reinsurer.2 Reinsurance cover is mostly provided to Turkish insurance companies by foreign reinsurers.
The premiums collected in 2018 amounted to approximately 48.3 billion lira, an increase of 17.3 per cent compared with the previous year.3 Of this aggregate...»
In a very recent decision, the Re-examination and Evaluation Board (“Board”) of the Turkish Patent and Trademark Office (“Office”) has accepted that third party attempt to feminize the Johnnie Walker striding man logo and register the same to use it in fashion and textile sector may cause serial mark impression, and dilute the striding man logo and harm the distinctiveness and reputation of the same, even though it is only registered and well-known for alcoholic beverages.
On March 28, Turkey’s Information Technologies and Communication Authority, the Bilgi Teknolojileri ve İletişim Kurumu, published its decision(dated Feb. 12, 2019) on remote programmable e-SIM technologies imposing localization requirements on e-SIM technologies and prohibition of permanent roaming is once again clarified. The decision also refers to the previous decision of the BTK regarding e-call systems (dated Jan. 22, 2018).
In its previous decision, the BTK indicated th...»
When the new Code of Civil Procedure (CCP) was enacted in 2011, it introduced a new case type to Turkish litigation where plaintiffs file an action for receivables for an unquantified amount that is left to the courts to determine subject to dispute. When filing such actions, plaintiffs:
state the amount of determinable receivables as the minimum amount subject to dispute;
pay a case fee based on this amount; and
extend their claim to the amount calculated by th...»
On April 2, 2019, the European Union (“EU”) requested a consultation before the World Trade Organisation (‘WTO’) regarding measures adopted by Turkey in relation to the production, importation and marketing of pharmaceutical products, which are claimed to be non-compliant with international agreements.
Following the announcement of the Structural Transformation Programme Action Plan for Healthcare Industries by the Prime Minister Ahmet Davutoğlu on November 7, 2014...»
Nowadays, Turkish real persons and/or legal entities may have a tendency to choose foreign law as applicable law to their contracts. There could be several reasons for such tendency. In particular, contracting legal entities’ being members of global group companies and certain contracts’ being drafted earlier as template in line with the policy of such group lead to choice of foreign law. Likewise, there could be cases where the chosen foreign law is deemed by the contracting...»
FICPI – TURKEY arranged its fifth roundtable meeting on how goods/services similarity concept is interpreted in the doctrine of trademark law and also by the Turkish Patent and Trademark Office (“Office”) and the Courts and how the foreign courts and trademark offices practise on this matter. Ms. Yasemin Kenaroğlu, who is a member the Board of Directors of FICPI – TURKEY, moderated the meeting accompanied by Assoc. Prof. Dr. Ali Paslı. 24 participants were present at the meet...»