Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 14 February 2019, the Medicines and Medical Devices Agency published Circular on the Registration of Medical Device Technical Service Providers and Related Technical Staff (Turkish language), numbered 2019/1. Pursuant to the Circular, medical device technical service providers subject to after-sales maintenance and repair are obliged to register on the Product Track and Trace System. The registries became operational on 1 Mar...»
1. Are foreign plaintiffs who wish to initiate legal proceedings in Turkey subject to any bond requirements?
Pursuant to the International Private and Civil Procedure Law, foreign persons or legal entities who initiate or intervene in legal actions or initiate execution proceedings are required to deposit a guarantee to be determined by the court that will be used to bear the judicial expenses as well as to compensate the counterparty for any damages that may occur.
1. Is an employment contract required to be in writing?
In principal, an employment contract is not subject to any form requirements unless otherwise specified in law. Written form is mandatory for fixed-term employment contracts. However, if the contract is not to be concluded in writing, then it is necessary to provide the employee with a written document, within two months at the latest, showing the general and special conditions of work, the daily or weekly working time, ...»
Article 398 of the Code of Civil Procedure previously set out that parties which failed to comply with an interim injunction or that violated an injunction would face one to six months’ imprisonment.
However, following an application to the Istanbul First Intellectual and Industrial Property Court for the annulment of Article 398, the Constitutional Court decided to cancel the first sentence of Article 398(1) regarding imprisonment for opposition to interim injunctions.(1)
Constitutional Court has annulled Article 398 of Code of Civil Procedure, which established imprisonment for breaching preliminary injunction This court ordered that this come into effect within nine months It is hoped that proposals for new punishment for acting against preliminary injunction will come before Parliament within this period
Upon the application of the Istanbul First IP Court, the Constitutional Court has cancelled Article 398 of Code of Civil Procedure, which ...»
Mutlu Yıldırım Köse provides a guest post for Class 46 on a recent Court of Appeal ruling in Turkey
The Court of Appeal (COA) has approved a decision of a first instance court which ruled that the regulatory restriction on the sale of cocktail beverages containing distilled alcohols constitutes a proper reason for non-use of a trade mark in Turkey.
Bacardi & Company Limited filed a trade mark infringement and unfair competition action against a Turkish company using the F...»
It was regulated in Article 398 of the Code of Civil Procedure that persons who do not comply with the order for enforcement of interim injunctions or who violate the decision of the injunction shall be punished with disciplinary imprisonment of one month to six months.
As a result of the application made to Court by the Istanbul 1st Intellectual and Industrial Property Court for the annulment of the mentioned article, the Constitutional Court, in its decision with the merit ...»
The Supreme Court, as per its established precedent, recently found that the failure of employees to use appropriate language in their written workplace correspondence with superiors or colleagues constitutes a valid reason for termination.
The Supreme Court has adopted a balanced approach between the principle of termination as last resort and the employer’s management rights in reinstatement actions filed by employees laid off by their employers due to workplace ...»
IP right owners suffer huge damages in some IP rights infringement cases as they invest substantial amounts in their IP rights. Therefore, compensation claims are of vital importance for them in order to recover their damages, to protect their reputation and create a deterrent impact on the infringing party.
In parallel with the previous regulations, the Industrial Property Code no. 6769 (“IP Code”) also provides highly advantageous provisions for compensation actions.
It has now been over two years since the Industrial Property Code No. 6769 (“the IP Code”) came into force. While the interpretation and implementation of most of the issues in relation to the key changes introduced by the IP Code have been addressed by the Turkish Patent and Trademark Office (“TÜRKPATENT” or “the Office”), there are still some outstanding issues requiring interpretation by the Court of Appeals.
The primary legislative development in trademark law in 2018 con...»
Getting the Deal Through – Insurance Litigation provides expert advice and insight into crucial contentious insurance issues in major jurisdictions around the world. Topics covered include: jurisdiction-specific guidance on litigious mechanisms, remedies and damages, dispute resolution and arbitration for insurance companies and policyholders, the interpretation and ambiguities of insurance contracts, liability policies and coverage, notice mechanisms and obligations, defence...»
Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 8 February 2019, the Turkish Medicines and Medical Devices Agency published new Guidelines for the Off-Label Use of Drugs (Turkish language) and abrogated the previous version of the Guidelines, dated 18 July 2014. The new Guidelines entered into force upon publication.
The Guidelines reference a new system for applications for the off-label use of drugs. The system is named as the “System on Administration of Unauthorized an...»