Patent Rights on Vaccines: Looking for a Scapegoat for Vaccine Inequity
It is the common goal to get through the pandemic, which endangers the health of all of humanity, and for that, all have been watching for a vaccine and treatment to overcome the pandemic as soon as possible. Scientists have managed to go beyond the known in a considerably short time, and multiple COVID-19 vaccines were developed. At this point, the equal distribution of vaccines emerged as a vital problem that hindered global salvation from this pandemic. While some… »
Additional Price Difference in Public Tenders and Assignment of Tender Agreements
A provisional article was added to the Public Procurement Agreements Law (the “Law”) on 19.01.2022 in order to provide an additional price difference upon the request of the contractors and to enable the contractors to assign their tender agreements with the approval of the relevant tender authority for certain procurements of goods/services and construction works. The purpose of this additional provision was to eliminate the negative implications of disruptions on supply… »
Declaration on Use of Patent and Compulsory License
The new IP Codenumbered 6769 abolished the provisions on “the use requirement of patents” and “the evidence of use” of the Decree-Law About the Protection of Patent Rights. The IP Code now focuses on the requirements of use for patents within the provision of a Compulsory License. Accordingly, a patent owner must use the patented invention within three years following the publication of its granted decision in the Official Bulletin (‘the Bulletin’) or within four years from… »
Determination of Royalty in Case of Compulsory License
The institution of “compulsory licensing”, which is regulated firstly in Article 99 of the repealed Decree-Law No. 551 and then, under Article 129 et seq. of the Industrial Property Law (“the IP Code”) in force, as a reflection of TRIPS Article 31, has not been needed to be implemented for long years in our country [Turkey]. However, with the outbreak of the COVID-19 pandemic, it has suddenly gained popularity since it is regarded as a “convenient” tool for abrogating patent… »
Supply of Pharmaceutical Products from Abroad and Patent Rights
The supply of pharmaceutical products to Turkey via the Named Patient Programme (the “NPP”) is one of the exceptional importation regimes for pharmaceutical products. Where a pharmaceutical product is not granted marketing authorisation in Turkey, or it is granted marketing authorisation but not found in the market, but patients need it, it can be supplied via this special route by physician request. The entities that are authorised to import pharmaceuticals within the scope… »
Preliminary Injunction Granted to Prevent Indirect Use of Invention
One of the most striking developments of 2020 is a preliminary injunction decision given due to implementing the provision “Prevention of the Indirect Use of Invention” regulated in Article 86 of the IP Code. Although the expression “Indirect Use of Invention” is often confused with the “Indirect Infringement of Patents” concept, indirect patent infringement is not explicitly regulated in our law. Because as is known, the Turkish IP Code numbered 6769 (“IP Code”) lists the… »
Are Clinical Trials Excluded From Patent Protection in Turkey?
The Turkish IP Law (6769) rules on acts that constitute patent infringement and acts that are excluded from patent protection. However, when it comes to evaluating whether clinical trials in Turkey should be excluded from patent rights, it is important to take the experimental use exemption under Article 85/3(b) and the Bolar exemption under Article 85/3(c) into consideration. Unfortunately, this is easier said than done. No case law in Turkey clarifies which acts are… »
Discovery of Evidence Requests and the Scope of Bolar Exemption
Discovery of evidence requests are specially regulated under the Turkish Code of Civil Procedure No. 6100. The discovery of evidence enables determining a fact that is not yet examined in an ongoing action or a fact that will be put forward in a future action. It must be emphasised that, unlike the US and UK systems, there is no full and frank disclosure procedure under Turkish civil law. In other words, the parties may decide, at their discretion, which documents they will… »
Impact of EPO Proceedings and EPC Provisions on National Actions
Since Turkey’s inclusion as a member of the EPC, a hot topic has been the enforcement or invalidity of Turkish validation of European Patent(s) (“EP”) while proceedings before the European Patent Office (the “EPO”) are pending. Once an EP is validated in Turkey, it becomes a national patent. For EPs, the Office seems to have transferred its powers and duties to the European Patent Office; therefore, it functions as an institution that carries out only some procedural… »
Assessment of Individual Character of a Design in Turkey
A recent case clarifies the role of the informed user and freedom of choice in Turkish design law. Mutlu Yıldırım Köse and İrem Girenes Yücesoy explain. Design law enables designers to protect the appearance of a product. According to the Turkish Industrial Property Code (IP Code), to obtain design protection, a design must be new and have individual character. In order to consider whether the design has individual character, the overall impression produced by it on the… »
Influencer Marketing and Social Media Influencers
In Turkey, until recently, there were no special provisions, laws, regulations or self-regulating rules relating to advertising through social media. In this respect, general advertising rules and principles were to apply. The control and supervision of advertisements on social media were also subject to the laws, regulations and provisions which apply to advertisements conducted through other media channels. It was considered that the advertisements published on social media… »
18+ Markings for Products with Rainbow Themes
Advertisement Board, with its highly controversial decision on November 2020; deemed the promotions and the sales of products such as t-shirts, sweatshirts, coffee mugs, phone cases, beach towels offered for sale on various e-commerce sites with expressions ”normal”, “LGBT”, “LGBT Power”, “Equality, Bisexual, Freedom, Lesbian, Gay, Love is Love, Homosexual”, LGBT Relationship”, “Love is Love”, “Pride”, “Peace”, “Love is Love”, and rainbow themes without +18 markings against… »