Registration No Longer Constitutes Legitimate Use Defence in Turkey
Turkey has welcomed the new Intellectual Property Code (the IP Code) numbered 6769. This came force on January 10 2017. One of the major changes in the new IP Code is an explicit provision in Article 155 preventing later dated IP registrations being submitted as a defence in infringement actions. Before the IP Code, there was established case law from the Court of Appeals stating that use of a registered IP right could not be prevented until the invalidation of the right was… »
Life Sciences Newsletter, June 2018
Increase in Euro exchange rate set for pharmaceuticals Dicle Doğan and Nehir Aydeniz, Gün + Partners The Euro exchange rate set for the pricing of medicines is to increase by 2.5% for some products due to the introduction of a new article in the Council of Ministers’ Pricing Decree. Prices for medicines will also increase due to changes made to mandatory discounts that are applied to purchases of some categories of medicines made by the Social Security Institution (SSI). The… »
Supreme Court Rules that Borrowing Money from Customer is Just Cause for Termination
The Supreme Court recently issued a decision concerning an employee’s dismissal for borrowing money from their employer’s customer. The Supreme Court reversed the first-instance labour court decision and ruled that the termination was lawful based on the fact that the employee had acted against the rule of integrity and honesty and damaged the employer’s reputation. Facts The employee worked as a medical representative and went to another city in eastern Turkey for work… »
Significant Amendments to Enforcement and Bankruptcy Law Introduced
Introduction The Law amending the Enforcement and Bankruptcy Law and Other Laws (the Amendment Law) was published in the Official Gazette 30361 and entered into force on 15 March 2018. The most significant amendments introduced to the Enforcement and Bankruptcy Law are: the abrogation of the postponement of bankruptcy procedure; and the adoption of a more efficient and functional structure for the composition with creditors procedure, which is a court-approved agreement… »
Avrupa Birliği Adalet Divanı Christian Louboutin’in Kırmızı Renkli Ayakkabı Tabanı Markasının Geçerliliğini Teyit Etti
Pharmaceutical Advertising 2018 in Turkey
General – Medicinal Products 1.1 What laws and codes of practice govern the advertising of medicinal products in your jurisdiction? In Turkey, advertising of medicines is governed by the Pharmaceutical and Medical Preparation Law No. 1262 (the Law No. 1262) and the Regulation on Promotional Activities of Medicinal Products for Human Use (the Promotion Regulation), which is based on the former. The Promotion Regulation is published on July 3, 2015 by replacing the… »
Procedural Changes in Labour Cases
The Labour Courts Act 7036, which came into effect on 25 October 2017, introduced a number of changes (eg, mandatory mediation) and amended the appeal procedure for labour disputes. Previously, parties were entitled to appeal labour court decisions within eight days from the final decision being issued. However, the eight-day appeal period was criticised by scholars for not being in line with the Procedural Code, under which the appeal period starts from the service of the… »
In-vehicle emergency call systems in Turkey
In-vehicle emergency call systems, which have been in use for a long time, are defined as systems within vehicles activated either automatically or manually that establish a connection with 112 emergency call centers in cases of an emergency. Legislation regulating in-vehicle emergency call systems has been on the agenda of the European Union since 2007. The Regulation 2015/718 Concerning Type-Approval Requirements for the Deployment of the e-Call in-Vehicle System Based on… »
Life Sciences Newsletter, May 2018
Deadline for requesting accumulated receivables from State University Hospitals is extended Dicle Doğan, Gun + Partners On 18 May 2018, the amendment (Turkish language) made on the “Law on the payment by the Ministry of Finance of accumulated unpaid debts to medical device companies arising from the purchase of drugs and medical devices by state university hospitals”, was published in the Official Gazette numbered 30425. The scope of the payment model covers the debts that… »
Declaration of Use under New IP Law: Consequences and Timelines
The new IP Law has abolished the Patent Decree-Law provisions regarding the use requirement of patents and evidence of use. Instead, the new law refers to the use requirement within the compulsory licence provision, stating that non-use of a patent could allow a third party to demand a compulsory licence over that patent. Consequences of failure to file declarationAs the IP Law does not have clear provisions requiring the patent owner to file a declaration of use or non-use… »