Articles -
Intellectual Propertyand Trademarks and Designs||
Güldeniz Doğan Alkan
and
Dicle Doğan
In 2017, both the Industrial Property Code No. 6769 (the IPC) and the Regulation on the Implementation of the IPC (the Regulation) were published and entered into force, uniting all IP rights in one Code which were previously regulated by different decree-laws.
The non-use defence in opposition proceedings was introduced with the IPC. According to the IPC if the trade mark claimed to be similar to the application is registered for more than 5 years as of the application date ...»
The Life Sciences sector is deeply evolving, with many legal challenges. The Annual IBA WLSC gathers more and more members every year and the 2019 conference will again be the occasion to share views and knowledge, enhance initiatives and contribute to valuing our constantly evolving legal practice on the field.
The conference is presented by the IBA Intellectual Property and Entertainment Law Committee.
TOPICS INCLUDE:
Roundtables covering the cutting edge topics of Life S...»
Country Guides -
Insurance and Reinsurance||
Pelin Baysal
and
Ilgaz Önder
I INTRODUCTION
i Nature of the insurance and reinsurance market
There are 62 active insurance companies incorporated in Turkey, consisting of 39 non-life insurers, 18 life and pension insurers, four life insurers and one reinsurer.2 Reinsurance cover is mostly provided to Turkish insurance companies by foreign reinsurers.
The premiums collected in 2018 amounted to approximately 48.3 billion lira, an increase of 17.3 per cent compared with the previous year.3 Of this aggregate...»
Articles -
Intellectual Propertyand Trademarks and Designs||Hande Hançar,
Dicle Doğan
and
Begüm Soydan
In a very recent decision, the Re-examination and Evaluation Board (“Board”) of the Turkish Patent and Trademark Office (“Office”) has accepted that third party attempt to feminize the Johnnie Walker striding man logo and register the same to use it in fashion and textile sector may cause serial mark impression, and dilute the striding man logo and harm the distinctiveness and reputation of the same, even though it is only registered and well-known for alcoholic beverages.
Co...»
Articles -
Technology, Media and Telecom||Begüm Yavuzdoğan Okumuş
On March 28, Turkey’s Information Technologies and Communication Authority, the Bilgi Teknolojileri ve İletişim Kurumu, published its decision(dated Feb. 12, 2019) on remote programmable e-SIM technologies imposing localization requirements on e-SIM technologies and prohibition of permanent roaming is once again clarified. The decision also refers to the previous decision of the BTK regarding e-call systems (dated Jan. 22, 2018).
In its previous decision, the BTK indicated th...»
Introduction
When the new Code of Civil Procedure (CCP) was enacted in 2011, it introduced a new case type to Turkish litigation where plaintiffs file an action for receivables for an unquantified amount that is left to the courts to determine subject to dispute. When filing such actions, plaintiffs:
state the amount of determinable receivables as the minimum amount subject to dispute;
pay a case fee based on this amount; and
extend their claim to the amount calculated by th...»
Articles -
Life Sciences||
Özge Atılgan Karakulak
and
Dicle Doğan
On April 2, 2019, the European Union (“EU”) requested a consultation before the World Trade Organisation (‘WTO’) regarding measures adopted by Turkey in relation to the production, importation and marketing of pharmaceutical products, which are claimed to be non-compliant with international agreements.
Background
Following the announcement of the Structural Transformation Programme Action Plan for Healthcare Industries by the Prime Minister Ahmet Davutoğlu on November 7, 2014...»
Articles -
Corporate and M&A||
Ozan Karaduman
and
Cansu Akbıyıklı
Nowadays, Turkish real persons and/or legal entities may have a tendency to choose foreign law as applicable law to their contracts. There could be several reasons for such tendency. In particular, contracting legal entities’ being members of global group companies and certain contracts’ being drafted earlier as template in line with the policy of such group lead to choice of foreign law. Likewise, there could be cases where the chosen foreign law is deemed by the contracting...»
Articles -
Intellectual Propertyand IP Prosecution||Ayşen Kunt
FICPI – TURKEY arranged its fifth roundtable meeting on how goods/services similarity concept is interpreted in the doctrine of trademark law and also by the Turkish Patent and Trademark Office (“Office”) and the Courts and how the foreign courts and trademark offices practise on this matter. Ms. Yasemin Kenaroğlu, who is a member the Board of Directors of FICPI – TURKEY, moderated the meeting accompanied by Assoc. Prof. Dr. Ali Paslı. 24 participants were present at the meet...»
Articles -
Intellectual Propertyand Trademarks and Designs||
Barış Kalaycı
and
Mutlu Yıldırım Köse
Non-traditional trademarks refer to marks which are not traditionally perceived as trademarks. Some examples are colour, sound, motion, position and 3D views of products etc.
Non-traditional trademarks are not specifically described in the Turkish Industrial Property Code (the IP Code) which came into force on January 10 2017 in Turkey. Since there is no special provision in the code regarding the registration of non-traditional trademarks, the principles pertaining to the re...»
Articles -
Intellectual Propertyand Patents and Utility Models||
Özge Atılgan Karakulak
and
Selin Sinem Erciyas
The supply of pharmaceutical products to Turkey via the named patient programme (NPP) is one of the exceptional importation regimes for pharmaceutical products. Where a pharmaceutical product is not granted marketing authorisation in Turkey but patients are in need of it, it can be supplied via this special route. The entities that are authorised to import pharmaceuticals from abroad within the scope of the NPP are the Turkish Pharmacists’ Association (TEB) and the Ibn-i Sina...»
Articles -
Intellectual Propertyand Patents and Utility Models||
Selin Sinem Erciyas
and
Aysel Korkmaz Yatkın
Discovery of evidence and actions for determination of evidence are separately regulated under the rocedural Law. Discovery of evidence is a preliminary step taken before any action on merits and it only serves to discover and record the evidence that may be relevant to an ongoing or future action on merits.
It must be emphasised that there is no full and frank disclosure procedure under the Turkish civil law system unlike the US and UK systems. In other words, the parties ca...»