Eu Requests WTO Consultations on Turkish Measures Affecting Imported Pharmaceuticals
Dicle Doğan and Fatma Sevde Tan, Gun + Partners In a letter dated 2 April 2019 to the World Trade Organization (WTO), the EU’s Permanent Mission to the WTO has requested consultations with the government of Turkey in relation to measures that it has introduced to regulate the production, importation and marketing of pharmaceutical products in Turkey. In its request, the EU claims that the “competitive opportunities” of pharmaceutical products imported to Turkey are… »
Patents in Europe: Helping Business Compete in the Global Economy 2019/2020
Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? Article 149 of the Industrial Property Code 6769 (IP Code) sets the legal framework for claims that can be asserted by the rights holder and the scope of the injunctions that can be granted by the court. Accordingly, a person can request the court to: determine whether the third party infringes the patent; decide on the prevention of the infringement; decide to stop the action that… »
Key Developments and Predictions for Patent Law in Turkey – 2019
When the Industrial Property Law came into force on 10 January 2017, the introduction of the post grant opposition procedure for national patent applications or the new “satisfying national market’s need” criteria concerning compulsory license due to non-use of the patent appeared to be of the most significance. However, as usual, the devil was hidden in the detail. When we first put the new law into practice, we experienced that other provisions such as the use requirement… »
Review of Information Obligation in light of CNIL’s Google Decision
One of the most important obligations of data controllers under data protection laws is to inform the data subjects concerning data processing activities. Accordingly, the Turkish Law on Protection of Personal Data numbered 6698 (“DPL”) also imposes an obligation on data controllers to provide certain information to data subjects before processing their data. Pursuant to Article 10 of the DPL regulating the information obligation, a data controller must inform the data… »
Trademark Rights vs. Freedom of Expression: A Recent Decision of the Turkish Constitutional Court
A discussion whether the freedom of expression is violated by prohibiting the access to a website where a trademark of a third company is used in the domain name was heard before the Turkish Constitutional Court (“the Court”) upon an individual application. In order to understand the ruling of the Court, it is worth looking at the history of the dispute. Using a trademark of a reputable cargo company “yurtiçikargo” in a domain name as “yurticikargomagdurları.com”, having the… »
FICPI Turkey – Seminar on Amendments on the Trademark and Patent Registration Procedures Brought by the IP Code and Their Implementations
FICPI – TURKEY Board of Directors decided as the subject of this year’s seminar amendments to the trademark and patent registration procedures by the IP Code and their implementation. The seminar was held in İstanbul on October 26, 2018 and there were around 75 participants in addition to the speakers and FICPI – TURKEY members. At the first session on patents, the speakers discussed amendments on the provisions as to compulsory licenses and proof of use; and at the second… »
New Regulation on Clinical Trials of Traditional and Complementary Medicine Practice
Dicle Doğan and Aysu Eryaşar, Gun + Partners On 9 March 2019, the Regulation on the Clinical Trials of Traditional and Complementary Medicine Practice (Turkish language) was published in Official Gazette no. 30709. The Regulation provides clarification on which ethics committee should approve these clinical trials and on the institution that should give permission for the initiation, continuation, termination and supervision of the regulated activities. The Regulation also… »
New Obligation for Registration of Medical Device Technical Service Providers and Related Technical Staff
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 14 February 2019, the Medicines and Medical Devices Agency published Circular on the Registration of Medical Device Technical Service Providers and Related Technical Staff (Turkish language), numbered 2019/1. Pursuant to the Circular, medical device technical service providers subject to after-sales maintenance and repair are obliged to register on the Product Track and Trace System. The registries became operational on 1… »
Dispute Management 2019 in Turkey
1. Are foreign plaintiffs who wish to initiate legal proceedings in Turkey subject to any bond requirements? Pursuant to the International Private and Civil Procedure Law, foreign persons or legal entities who initiate or intervene in legal actions or initiate execution proceedings are required to deposit a guarantee to be determined by the court that will be used to bear the judicial expenses as well as to compensate the counterparty for any damages that may occur. However… »
Constitutional Court Annuls Provision on Imprisonment for Opposition to Interim Injunctions
Article 398 of the Code of Civil Procedure previously set out that parties which failed to comply with an interim injunction or that violated an injunction would face one to six months’ imprisonment. However, following an application to the Istanbul First Intellectual and Industrial Property Court for the annulment of Article 398, the Constitutional Court decided to cancel the first sentence of Article 398(1) regarding imprisonment for opposition to interim… »
Imprisonment for Breaching Injunctions is Annulled by Constitutional Court
Constitutional Court has annulled Article 398 of Code of Civil Procedure, which established imprisonment for breaching preliminary injunction This court ordered that this come into effect within nine months It is hoped that proposals for new punishment for acting against preliminary injunction will come before Parliament within this period Upon the application of the Istanbul First IP Court, the Constitutional Court has cancelled Article 398 of Code of Civil Procedure, which… »
Proper Reasons for Non-use in Turkey
Mutlu Yıldırım Köse provides a guest post for Class 46 on a recent Court of Appeal ruling in Turkey The Court of Appeal (COA) has approved a decision of a first instance court which ruled that the regulatory restriction on the sale of cocktail beverages containing distilled alcohols constitutes a proper reason for non-use of a trade mark in Turkey. Bacardi & Company Limited filed a trade mark infringement and unfair competition action against a Turkish company using the… »