Social Security Institution Announcement on Imported Supply of Pharmaceuticals
Özge Atılgan Karakulak and Dicle Doğan, Gun + Partners On 7 January 2020, the Social Security Institution (SSI) published an announcement (Turkish language) on the procurement of pharmaceuticals from abroad by Ibn-i Sina Health and Social Security Centre (Ibn-i Sina). The announcement required that all bids from manufacturers, authorised firms, intermediary firms and pharmaceutical warehouses for the supply of certain specified pharmaceuticals or their generics to Ibn-i Sina… »
Drug Licensing Regulation Amended
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 8 January 2020, a Regulation amending the Regulation on Licensing of Human Medicinal Products (Turkish language) was published in Official Gazette (No 31002). Those amendments entered into force the same day. The new Regulation adds an additional paragraph to Article 2 of the Regulation on Licensing of Human Medicinal Products (Licensing Regulation). With the additional paragraph, individual allergen products and skin tests… »
Announcement on New Medical Device Requirements
Dicle Doğan and Fatma Sevde Tan, Gun + Partners The EU Medical Devices Regulations ((EU) 2017/745) (MDR) will become applicable on 26 May 2020. As a non-EU country, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) on 30 December 2019 advising that harmonisation of Turkish regulations with the new rules is to continue. The announcement notes that the MDR sets new principles for manufacturers, importers and distributors, and new… »
“Cannabis Store Amsterdam” Marka Başvurusu Kamu Düzenine Aykırı Bulundu!
A Comparative Analysis of Content-of-Laws Inquiry and its Importance for International Commercial Arbitration
How is the content of laws determined, and by whom, in international commercial arbitration? This topic mainly concerns an old legal assumption: iura novit curia, the Latin legal maxim for “the court knows the law”. While somewhat reasonable and predictable on the face of it since anyone can reasonably expect the court to know the law, the assumption paves the way for some serious practical consequences: If the court knows the law, parties are mostly expected to furnish the… »
CJEU Declares the Criteria to be Considered in Determination of Bad Faith
In its judgement of 12 September 2019, the European Union Court of Justice (“CJEU”) held that the applicant was acting in bad faith when he filed the application for the trademark taking the earlier business relationship between the applicant and the opponent and ruled how the conditions sought for bad faith should be examined. In the judgment C-104/18 P, which was handed down by the CJEU on 12.09.2019, it was declared which criteria should be taken into consideration for the… »
Private M&A 2020 in Turkey
Corporate entities and acquisition methods1. What are the main corporate entities commonly involved in private acquisitions?In private acquisitions the main companies used are joint stock companies and limited liability companies. 2. Are there any restrictions under corporate law on the transfer of shares in a private company? Are there any restrictions on acquisitions by foreign buyers?Restrictions on share transferUnder the Turkish Commercial Code numbered 6102 there are no… »
Amendment on Commercial Communication Regulation in Turkey
With the “Regulation Amending the Regulation on Commercial Communication and Commercial Electronic Messages” (“Regulation”) published on 4 January 2020, new obligations were imposed on commercial electronic messaging that would affect all those using electronic messages. Under the new regulations, the most crucial obligation is registry with the newly established Message Management System called IYS. “Data, audio and video content messages that are sent for commercial… »
Circular on the Notifications Made Through the Pharmaceutical Tracking System
The Pharmaceutical Tracking System (İlaç Takip Sistemi, “ITS”) is the system adopted by the Turkish Medicines and Medical Device Agency (the “Agency”) for pharmaceutical industry, enabling to determine the locations of pharmaceuticals in the supply and distribution chain in Turkey. A data matrix is printed on the products’ packaging which allows the tracking of each transaction in the supply chain as of the product’s production or importation. ITS is defined under the… »
Anti-Corruption & Compliance Enforcement and Legislation Developments in 2019
In this article, we review the developments in 2019 about anti-corruption and compliance matters concerning Turkey from both national and international perspectives. Latest Development in EU-Turkey Relationship The European Commission has published “Turkey 2019 Report” as part of 2019 Communication on EU Enlargement Policy.[1] The shortcomings and recommendations to make progress in the fight against corruption are among the topics underlined in the report. The European… »
FICPI-Turkey Holds Intellectual Property Law Seminar in Izmir
FICPI-Turkey arranged the seventh of its traditional roundtable meetings in September, this time focusing on the trade mark similarity concept for the assessment of likelihood of confusion and the approach of the Turkish Patent and Trademark Office, Türk Patent, and the Courts. Ms. Gökçe İzgi, a member of the Board of Directors of FICPI-Turkey, moderated the meeting accompanied by Mr. Türkay Alıca, who is a Retired Judge of Civil Courts for Intellectual and Industrial… »
FICPI-Turkey Roundtable on the Similarity of Trade Marks and Its Application
FICPI-Turkey held a successful IP Law Seminar in October, at Yaşar University in Izmir, comparing European patent oppositions with Turkish oppositions, and looking at trade mark use and proof of use. Around 90 people attended the meeting. On 25th October, during the “IP Law Seminar”, Dr.-Ing. Christian Wende and Serkan Özkan discussed patent opposition procedures. Christian is a member of FICPI-Germany and Reporter for FICPI CET 4 (Working Group for European Patents);… »