Unfair commercial practices, also known as the "dark patterns", have entered the agenda of the Advertisement Board. Dark patterns may in fact be considered as unfair commercial practices regulated under the Regulation on Commercial Advertising and Unfair Commercial Practices ("Regulation"). Pursuant to the Regulation, a consumer-oriented commercial practice is deemed to be unfair if it does not comply with the requirements of professional care and if it significantly impairs…
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Artificial intelligence, which has become one of the most important components of modern technology, has rapidly transformed our interaction with technology, seamlessly integrating into various areas of our daily routines.
AI technologies, offering significant advancements and innovative solutions in fields such as medicine, finance, transportation, education and many others, have also brought with sensitivities towards critical issues such as ethics, security and privacy.…
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One must have deep knowledge and experience in many different disciplines to play a role in the solution of complex and multi-layered patent law disputes. One of the most important examples of this situation are compensation actions filed following the abolition of preliminary injunctions in patent disputes related to the pharmaceutical industry. As a matter of fact, the decisions of the courts of first instance and the Court of Appeal in these types of cases give direction…
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The Bolar Exemption falls under the provision of Article 85(3)/(c) of the Industrial Property Code No. 6769 (IP Code) and regulates the marketing authorisation of pharmaceuticals, the testing and experiments required for this purpose and the exemption of experimental acts involving the patent subject to the invention from the scope of rights protected by the patent. The aim of the Bolar Exemption is to ensure that Gx pharmaceutical products can be put on the market without…
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Standard-Essential Patents (SEPs) is a concept arising from the interaction between patent rights, which provide exclusive use of an invention and “standards” aimed at the widespread and mandatory use of this innovation in the relevant market. Considering the upward trend in patent litigation arising from SEPs, it would be fair to say that SEP has become patent law’s new buzzword.
Licensing SEPs: FRAND Terms
Standard Developing Organisations (“SDOs”) determine the technical…
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Filing patent invalidation actions for tactical purposes, such as jeopardizing patent infringement actions of patent owners and gaining time by complicating the infringement proceedings, has become a common strategy of infringers in recent years. With this strategy, the parties infringing the patent may cause the patent owner to suffer due to the inability to enforce their patent as they are entitled to during the limited protection period of 20 years, even if the invalidity…
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The concept of the Unified Patent Court (UPC) entered the lives of European Patent holders with the UPC Agreement, an international agreement dated 19 February 2013. The Unified Patent Court started operating as of 01 June, 2023. The Unified Patent Court constitutes a big and important step towards unity of the judiciary for European Union member states. The Statistics and Trends Centre of the European Patent Office (EPO) reported that 17,788 unitary effect requests were made…
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Timely and appropriately strategized action is key for owners of pharmaceutical patents wishing to maximise benefits of the rights granted to them. The Turkish Industrial Property Code regulates the exemption of patent rights concerning experimental acts regarding the product subject to the invention, as well as marketing authorisation, and the necessary testing and experiments within its scope. In practice, the Courts occasionally erroneously interpret the wording of the law…
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On 26 April 2023, the European Commission (the “Commission”) adopted a proposal for a new Directive and Regulation (the “Proposal”) which revise and replace the existing general pharmaceutical legislation.
The proposal adopted by the Commission replaces the existing general pharmaceutical legislation (Regulation 726/2004 and Directive 2001/83/EC) and the legislation on pharmaceuticals for children and rare diseases (Regulation 1901/2006 and Regulation 141/2000/EC…
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Artificial intelligence has begun taking over roles normally performed by humans with little difficulty, including the act of inventing. As a result, debates on whether artificial intelligence can be the owner of an invention have emerged across the global and are likely to open many novel discussions.
The debate on whether an artificial intelligence system can be an inventor began after the development of DABUS, the artificial intelligence system developed by Dr. Stephen…
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What mechanism do insurance policies usually provide for resolution of coverage disputes?
State Courts
In Turkish insurance policies, the usual dispute resolution mechanism provided for resolution of coverage disputes is litigation before state courts. As a rule, insurance disputes are resolved before commercial courts. However, insurance disputes regarding maritime law are resolved before specialized courts of maritime and insurances disputes where the insured is a consumer…
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With the Law no. 7511 Amending the Turkish Commercial Code and Certain other Laws (the “Amendment Law”), which entered into force after being published in the Official Gazette dated 29.05.2024 numbered 32560, amendments are made primarily to the Turkish Commercial Code numbered 6102 (the “TCC”) and other certain laws. We present below the important amendments introduced by the Amendment Law within the scope of the TCC in order to provide convenience to corporate transactions…
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