The Re-examination and Evaluation Board of TURKPATENT has acknowledged that EBAY should be recorded as a well-known trademark in Turkey
The board took into account the status of the mark around the world and in Turkey, with a focus on the realities of the Turkish marketplace
It is important to appeal unfavourable first-instance decisions to take advantage of the REEB examiners’ experience and broad understanding of trademarks
Background
Well-known status provides extensive ...»
A Turkish company active in the automotive sector filed a patent infringement action against a German global automotive company. The Turkish company alleged that a system used in the cars of the German company was infringing its non-examined patent granted by the Turkish Patent and Trademark Office (‘TPTO’). As a counter-attack, the German company and its Turkish authorized dealer filed an invalidation action against the non-examined patent in question before the same Court. ...»
Raising capital through crowdfunding for business ventures has been an applied method for financing start-ups and business projects in Turkey since the recent change on the Capital Markets Code numbered 6362 in 2017 which recognized crowdfunding. Having regulated the basic norms and rules surrounding crowdfunding, the detailed and more rigorous norms were released by Capital Markets Board in the form of a Communique on 3 October 2019, titled Communique on Share-based Crowdfun...»
Global Patent Litigation aims to fulfill the increasing need for quality information on the strategy and practical aspects of patent litigation in the major trading countries of the world. Global Patent Litigation starts with a description of how strategy is formulated in international patent litigation, including the main provisions of the European Patent Convention and the European Patent Office.
Next follow chapters by experienced patent litigators on the laws of their res...»
Penalty clauses agreed for unjust termination of a fixed term employment contract before its expiry are valid and enforceable even if the contract is deemed as an indefinite term employment contract by law due to lack of conditions required to conclude fixed term contracts.
With its decision dated 8 March 2019 and numbered 2017/10 E., 2019/1 K., the Supreme Court General Assembly on the Unification of Judgments (“General Assembly”) concluded that penalty clauses agreed for un...»
With its decision dated 31.01.2019, General Assembly of Civil Chambers of the Court of Cassation concluded that having business activity in the same sector of both the plaintiff and the defendant is sufficient to accept presence of legal interest in actions with a revocation request of a trademark based on non – use.
In the lawsuit filed before Istanbul (Closed) 4th Intellectual and Industrial Rights Civil Court in 2012, the defendant’s trademark was requested to be revoked p...»
On 30 September 2019, the Turkish Patent and Trademark Office published The New Trademark Examination Guideline that defines the criteria regarding the examination of trade mark applications on absolute grounds within the scope of the Industrial Property Code that came into force in 2017.
The main purpose of the Guideline is to update the previous guideline which was in force since 2011, clarify the principles of absolute grounds for refusal that are explained in the IP Code ...»
Turkish Commercial Code No. 6102 (TCC), which entered into force on July 1, 2012, brought many novelties to form a modern vision of commercial law, whereas the former rules were inadequate to meet the needs of the practice. The focus was mainly on transparency, auditability, and equivalence among shareholders, and the relevant legislation has adopted new principles with respect to corporate governance and shareholders’ rights.
As part of these novelties, the TCC provides cate...»
LEGISLATION
Treaties
1. Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties, and what, if any, amendments or reservations has your country made to such treaties?
Except for multilateral treaties on family law, Turkey is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. Howev...»
As per Article 154 of the Turkish IP Law any person who has a legal interest can file an action to have the Court determine that his acts do not constitute an infringement of the intellectual property rights of a rights owner.
For a quite long time patent owners were squeezed between conflicting approaches in the implementation of, on the one hand, the legal interest condition in determination of non-infringement actions (DNI), and, on the other hand, the Bolar exemption in p...»
Regulatory overview
1. What is the regulatory framework for medical products?
Legislation
The healthcare system is principally governed by the Fundamental Law on Healthcare Services No. 3359, which establishes a healthcare system providing equal and equitable access and gives the Ministry of Health (MoH) authority to issue healthcare-related regulations.
The regulations of the MoH further regulate the pre- and post-market conditions for the commercialisation of medical produc...»
“In Turkey, the active population, retirees and their dependants are covered by health insurance provided by the Social Security Institution (‘SSI’). Employers must pay monthly contributions for their employees, who automatically become covered. Those who are self-employed may also benefit from this insurance coverage by voluntarily paying monthly contributions. Health insurance provided by the SSI covers practically every physical examination, test and treatment (both outpat...»