Likelihood of Confusion of Medicines for Human Use and for Animal Use
As educated consumers should be taken into account, particularly when comparing the trademarks covering medicines, it is a well-established principle that the likelihood of confusion between the trademarks covering the goods in class 05 is harder to occur. The Turkish Court of Cassation (“the Coc”) has reiterated this concept repeatedly, so the courts strictly adhere to it and consider a great degree of similarity before accepting that healthcare professionals might confuse… »
Guideline on Medicine Priority Assessment Has Been Updated
In accordance with the Regulation on Licensing of Human Medicinal Products, the Guideline on the Working Procedures and Principles of the Priority Assessment Board for Human Medicinal Products ("Guideline"), which sets out the procedures and principles regarding the prioritization applications submitted to the Turkish Medicines and Medical Devices Agency ("Agency") and the working of the Priority Assessment Board for Human Medicinal Products ("Board") established within the… »
Guideline on Co-Marketing of Medicines has been Updated
The Guideline on Co-Marketing of Medicinal Products for Human Use ("Guideline") contains regulations on the evaluation of marketing authorization applications for co-marketed products and the evaluation of authorized co-marketed products. The Guideline published on February 17, 2023, was updated by the Turkish Medicines and Medical Devices Agency and re-published on June 07, 2024. The Guideline used to stipulate that if variations are made in the main product that also affect… »
Designs and Utility Models Throughout the World Chapter 149A Turkey
I. Introduction Law The Industrial Property Code no. 6769 (““IP Code””) entered into force on January 10, 2017. Conventions International Convention (Stockholm) (see Appendix 1); Hague Agreement Concerning the International Registration of Industrial Designs (see Appendix 2); Locarno Agreement for the International Classification of Industrial Designs (see Appendix 3); Patent Cooperation Treaty (see Appendix 4(a)); Strasbourg Agreement Concerning the… »
Patents Throughout the World Chapter 169 Turkey
Law At national level, the main sources of patent law are the: Industrial Property Code No. 6769 (IP Code); Regulation on the Implementation of the IP Code; Regulation on Employees' Invention, Inventions Realised in Higher Education Institutions and Inventions Realised as a Result of Publicly Funded Projects; and Regulation on the Implementation of the European Patent Convention Regarding the Grant of European Patents in Turkey. Conventions Turkey is a party to almost all… »
New Rules for Content Ratings in Television Programs
Amendments to the Regulation on the Procedures and Principles of Media Services ("Regulation") introduced new rules regarding the content rating for television programs. New rules immediately entered into force upon publication in the Official Gazette dated 13.06.2024 and numbered 32575. The new amendments are particularly relevant for news programs and, in some cases, live broadcast programs. Highlights of the Amendments: It is regulated that the Content Rating System will… »
What Will be The Fate of The Guarantee Provided For The Preliminary Injunction Decision?
Is the Guarantee Provided for the Preliminary Injunction a Part of the Later Compensation Action Arising from the Unfair Preliminary Injunction? The Code of Civil Procedure (“CCP”) generally regulates the granting of a preliminary injunction in return of a guarantee. However, the focus of this study is on the fate of the guarantee provided for a preliminary injunction in the event that a compensation action is filed after the finalization of the action in which guarantee is… »
Challenging and Enforcing Arbitration Awards: Türkiye 2024
Must an award take any particular form? Article 14(A) of the International Arbitration Law (IAL) provides that an award must include: the names, surnames, titles and addresses of the parties, their representatives and lawyers; the legal grounds on which the award is based and, if there is a claim for compensation, the amount of compensation; the place of arbitration and the date of the award; the name, signature and a dissenting opinion, if any, of the arbitral tribunal;… »
Turkish Legislation Offers Various Solutions to Tackle Trademark Squatting
Similar as in other countries, trademark squatting is also a common problem which foreign brands face in Türkiye. Trademark squatting creates challenges for market entry and registration of trademarks for foreign companies, as well as leading to dilution of the original trademark. Although there are steps to be taken to better prevent squatters, the current intellectual property (IP) legislation still has effective tools to protect the rights of foreign trademark owners and… »
A New Era in Turkish Personal Data Protection Legislation
Amendments to the Law on the Protection of Personal Data (“Law”) entered into force as of June 1, 2024. Please review our detailed article here about the amendments to the Law. The main actions to be taken by data controllers within the framework of the amendments are briefly as follows: 1. Providing Appropriate Safeguards for Transfers Abroad Except for cross-border transfers that are irregular, occur on one or a few occasions, are not continuous and are not in the ordinary… »
A Draft Regulation on the Promotional Activities of Human Medicinal Products and Food for Special Medical Purposes has been Published
On May 28, 2024, the Turkish Medicines and Medical Devices Agency (“Agency”) published a Draft Regulation on the Promotional Activities of Human Medicinal Products and Food for Special Medical Purposes (“Draft”) on its official website and announced that opinions regarding the Draft can be delivered to the Agency. Significant amendment proposals that differ from the current regulation are as follows: In General In addition to physicians, dentists, and pharmacists, promotion… »
Türkiye’s Update: Key Changes in Named Patient Program
Pharmaceuticals that are not authorized in Türkiye or authorized but not available on the market shall be procured from abroad as per a special authorization and on a case by case basis (Named Patient Program-NPP). This supply can be conducted by public institutions approved by the Ministry ofHealth that are defined as Foreign Pharmaceutical Suppliers (Suppliers) and currently constitute theSocial Security Institution and the Turkish Pharmacists Association. The Suppliers can… »