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Thought Leadership
Copyright Law in Turkey Key Development and Predictions 2022
In the report, we outline seven controversial issues that we often encounter in Turkish copyright Law.
Data Protection and Privacy Law in Turkey Key Developments and Predictions - 2022
We focus on the key aspects of data privacy matters and developments in Turkey, and the most important or challenging issues regarding the same.
Life Sciences Law in Turkey Key Developments and Predictions - 2022
We focus on the key aspects of life sciences in Turkey, the most important and challenging issues in Turkey’s life sciences industry.
Trademark Law in Turkey Key Developments and Predictions - 2022
We have compiled our articles on various topics of trademark law that we deem important for brand owners, which we have developed over the course of the last year.
Patent Law in Turkey Key Developments and Predictions - 2022
We focus on the key aspects of patent litigation in Turkey, and the most important or challenging issues in Turkish Patent Law.
Media and Advertising Law in Turkey Key Developments and Predictions - 2022
We focus on the key aspects of media and advertising law in Turkey, and the most important or challenging issues in Turkish media and advertising Law.
COVID-19 HUB
Our COVID-19 HUB is designed to keep our stakeholders updated and help them understand the legal effects of COVID-19 outbreak, and take steps to maintain their businesses in Turkey.
Beiersdorf opposed an application for NEVAYA based on its NIVEA trademarks, alleging a likelihood of confusion and thewell-known status of its marks
The PTO partially accepted the opposition based on the likelihood of confusion argument, but rejected the well-known status argument
A key issue was whether the well-known status argument could be asserted in an action for the cancellation of the PTO’sdecision, even though no appeal was filed against the refusal of such argument...»
Treaties
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. However, Turkey is a ...»
Few issues in the world of intangible rights contain as many legal uncertainties as do non-fungible tokens. Kat friends Mutlu Yıldırım Köse and Havva Yıldız discuss a recent decision rendered in Turkey, representing the first foray by a Turkish court into these murky legal waters.Non-Fungible Tokens (NFTs), ranging from art and literature to fashion and cinema, remain among the hottest legal topics in the world of intangible rights, despite the lack of clear legal regulation....»
A new law (No 7416) regarding e-commerce ― announced in the Official Gazette dated 7 July 2022, and coming into effect 1January 2023 ― will oblige sites to take down a product if they receive a legitimate complaint arguing that there is a violation ofintellectual and industrial property rights on their platform.
The basic regulation concerning the responsibilities of e-commerce sites regarding the content that they host was included inLaw 5651 on the Regulation of Internet Br...»
Özge Atılgan Karakulak, Selin Sinem Erciyas and Zeynep Çağla Üstün have contributed to 2022 edition of Global Patent Litigation: Strategy & Practice - Turkey Chapter, which is published by Walters Kluwer.
“Global Patent Litigation: Strategy & Practice” is the only resource that provides reliable descriptions of the patent laws for key countries along with insights into successful strategies to avoid, defend, or pursue litigation in each jurisdiction. Every chapter is ...»
As per the EPC definition, a substance or composition that is already known to have been used in a “first medical use” may still be patentable for any second or further use, provided that said use is novel and inventive.
Even though the first medical use was the subject of patent protection within the EPC 1973, this convention did not regulate that the substance could be subject to a patent in different medical uses (second/further medical use). While there was no regulation ...»
Sources of Law
What are the main areas of law and regulation relating to product liability?
The Product Safety and Technical Regulations Law 7223 (Law 7223) is the main law regarding product safety. Replacing Law 4703 on the Preparation and the Application of the Technical Regulations Related to Products, Law 7223 places some new obligations on actors who supply products to the market. It also ensures that the national legislation is in line with the European Union's 2019 l...»
We come across constantly on the street, on the Internet, in the cafés when we go to buy coffee with donation campaigns carried out to cover the costs of patient treatments. Although it is essential for the state to cover the health costs in accordance with the constitutional principle of the social state, we encounter with more news of uncovered treatment costs.
For example, Spinal Muscular Atrophy, the disease known colloquially as SMA, results from the inability of patient...»
Precis: The judgment of the Ankara IP court in a case involving a marketing authorisation application demonstrates that an exemption similar to the so-called Bolar exemption can apply to Gx pharmaceutical companies.
Background
The so-called Bolar exemption was introduced into Turkish law on 22 June 2004 with an amendment to Patent Decree Law No 551 and was maintained in the IP Code that entered into force on 10 January 2017.
Article 85/3(c) of the IP Code rules that "experime...»
The issue of how the similarity assessment will be carried out in the signs containing house marks is discussed in the Trademark Examination Guideline of the Turkish Patent and Trademark Office, by providing several precedents on this topic.
House mark, also referred to as the main, parent or umbrella trademark, is, as the name suggests, an upper concept that serves as a roof to bring together the families of trademarks created by companies.
House marks are signs that have th...»
Introduction
Article 31 of the Administrative Procedure Code No. 2577 (“APC”) sets out the cases to which Civil Procedure Code No. 6100 (“CPC”) shall apply where IYUK contains no provisions. As per the referred provision, CPC shall apply to expert examinations.
According to Article 266 of the CPC, courts decide to obtain expert opinion in cases where the resolution require special or technical information other than law, ex-officio or upon request of either party. However, co...»
Since the pandemic seems to lose its impact and life is going back to normal, it may be a good time to look into the lessons learned so far from Covid 19 pandemic and make necessary preparations against a possible new one.
The pandemic brought many discussions on IP rights from day one. As we all know, compulsory licensing was the first solution mechanism depended on by the governments as it was thought that the existing patent rights were the only obstacle to reaching a cure...»
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