Cross-border IP Right Licences 2021 in Turkey
Key aspects of intellectual property licensing Degree of exclusivity Describe what is understood by each of the below terms in your jurisdiction. Exclusive licence Under the Industrial Property Code No. 6769 (IP Code), an exclusive licence is a type of licence under which the licensor cannot issue a licence to any person other than the exclusive licensee and cannot use the licensed intellectual property (IP) rights unless they explicitly reserve this right. Non-exclusive… »
New Euro Exchange Rate For Drug Prices For 2021
On 19 February 2021, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language), stating that the foreign exchange rate between the euro and Turkish lira for drug prices would be raised to EUR1 to TRY4.5786 as of 20 February 2021. The euro exchange rate used for approval of drug prices in Turkey is determined as per the Decision on the Pricing of Human Medicinal Products (decision). Pursuant to the decision, the euro exchange rate is… »
New Guidelines on Electronic Scientific Meetings
On 14 March 2021, the Turkish Medicines and Medical Devices Agency published the Guidelines on Applications for Electronic Scientific Meetings and Electronic Product Promotion Meetings (Turkish language). Electronic meetings have become more important because of the COVID-19 pandemic, and the guidelines have been published to answer questions raised in practice. They also introduce stricter rules for electronic meetings. Key provisions of the guidelines are as… »
The Guidelines For The Implementation of The Regulation on Sales, Advertisement And Promotion of Medical Devices Has Been Updated
Following the adoption of the substantial amendments to the Regulation on Sales, Advertisement and Promotion of Medical Devices (“Regulation”) on 2 September 2020, the new Guidelines for the Implementation of the Regulation on Sales, Advertisement and Promotion of Medical Devices (“Guidelines”) has been published on the Turkish Medicines and Medical Devices Agency’s (“Agency”) website on 12 February 2021. The most crucial changes brought with the Guidelines are in relation to… »
Covid-19 Impact on Trademarks
Having affected the entire world, the Covid-19 pandemic also had an impact on trademark law as it has other areas of law. When considered in detail, we see that trademark law is affected in various aspects by the Covid-19 pandemic. As a matter of fact, when we look at the period during March, April, and May, when the pandemic just started, one of the most apparent examples of this impact is that the number of trademark applications throughout the Covid-19 period has risen… »
Sector Inquiry on Online Advertising Sector
The Competition Authority announced that the Competition Board decided to launch an inquiry related to the online advertising sector on 21.01.2021. As mentioned in the announcement, the online advertising sector has a complex supply chain which includes various services and actors. It has been emphasized that the market is in an intricate structure and develops rapidly. Similar to the global practice and having become subject to inquiries in some countries, the broadcasting… »
Broad Trademarks Registered Without Intention to Use
Filing trademarks on a broad list of goods and services without the intention to use is common practice in Turkey. Owners of such trademarks might have acted in bad faith at the time of filing, or could abuse their rights arising from such trademarks while enforcing them. To illustrate, owners of overly broad trademarks may request third parties to pay a high amount of monies to grant them letters of consent, to withdraw their opposition, or to engage in co-existence… »
The Effect of the Pandemic on Trademark Applications
2020 was a difficult year for businesses as humanity started to live through the first global disaster of the millennium, the Covid-19 pandemic. Just as the fluctuations in the economy and our changing work and lifestyles due to long months spent at homes destroyed our understanding of “normal.” As a result, business mentality, preferences and actions taken during the crisis have all changed. Although it is inevitable for trademark filings to be affected by these changes, the… »
Effects of Covid-19 on Brand Enforcement in Turkey
Turkey’s first official diagnosis of COVID-19 was announced on March 11, 2020. Since then, the country has experienced lockdowns, quarantines, travel bans and limited access to public services at various levels. There were months where the legal and administrative bodies’ effectiveness was inversely proportional with the curve of pandemic. Incidentally, brand enforcement activities were also heavily affected, especially during the second and third quarters of 2020. However… »
Boundaries of the Supervisory Power Granted to the Court of Cassation
When we take a closer look at the history of the Turkish judiciary system, the Court of Cassation has been an institution existing under different names and with different powers since 1868, and it serves as the supreme court of our judicial justice system. The Court of Cassation has taken the current position and duties together with the establishment of regional courts of justice, and the adoption of the triple justice system. Prior to the establishment of regional courts… »
Well-known Trademark Registry Is Again Open for Debate
In a recent decision that challenged long-standing precedents, the Court of Cassation has concluded that the Turkish Patent and Trademark Office (the Office) has no authority to create and maintain a registry for recording well-known trademarks. The background of the case relies upon the fact that the plaintiff’s application to have its trademark recorded as well-known was rejected by the Office’s Re-examination and Evaluation Board (the Board). The plaintiff filed a… »
Enforcement of the Foreign Court Decisions Related to IP Rights in Turkey
In principle, a court order rendered in one country has its legal effects and consequences only within the same country. For a foreign court decision to create legal effects and consequences, in Turkey, this decision needs to be legally recognized and/or enforced by Turkish courts. Regulations regarding the recognition and enforcement of foreign court decisions are stipulated between Articles 50 and 59 of the International Private and Civil Procedure Code (“IPCPC”), numbered… »