Penalty clauses agreed for unjust termination of a fixed term employment contract before its expiry are valid and enforceable even if the contract is deemed as an indefinite term employment contract by law due to lack of conditions required to conclude fixed term contracts.
With its decision dated 8 March 2019 and numbered 2017/10 E., 2019/1 K., the Supreme Court General Assembly on the Unification of Judgments (“General Assembly”) concluded that penalty clauses agreed for un...»
With its decision dated 31.01.2019, General Assembly of Civil Chambers of the Court of Cassation concluded that having business activity in the same sector of both the plaintiff and the defendant is sufficient to accept presence of legal interest in actions with a revocation request of a trademark based on non – use.
In the lawsuit filed before Istanbul (Closed) 4th Intellectual and Industrial Rights Civil Court in 2012, the defendant’s trademark was requested to be revoked p...»
On 30 September 2019, the Turkish Patent and Trademark Office published The New Trademark Examination Guideline that defines the criteria regarding the examination of trade mark applications on absolute grounds within the scope of the Industrial Property Code that came into force in 2017.
The main purpose of the Guideline is to update the previous guideline which was in force since 2011, clarify the principles of absolute grounds for refusal that are explained in the IP Code ...»
Turkish Commercial Code No. 6102 (TCC), which entered into force on July 1, 2012, brought many novelties to form a modern vision of commercial law, whereas the former rules were inadequate to meet the needs of the practice. The focus was mainly on transparency, auditability, and equivalence among shareholders, and the relevant legislation has adopted new principles with respect to corporate governance and shareholders’ rights.
As part of these novelties, the TCC provides cate...»
Distribution
Pre-conditions for distribution
1. What are the legal pre-conditions for a drug to be distributed within the jurisdiction?
Authorisation
Under the Regulation on Licensing of Medicinal Products for Human Use (Official Gazette No. 25705 of 19 January 2005), no medicinal product for human use can be marketed unless it is licensed in Turkey. The licence is issued by the Medicines and Medical Devices Agency (Agency) of the Ministry of Health
For placing the product on...»
LEGISLATION
Treaties
1. 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. Howev...»
As per Article 154 of the Turkish IP Law any person who has a legal interest can file an action to have the Court determine that his acts do not constitute an infringement of the intellectual property rights of a rights owner.
For a quite long time patent owners were squeezed between conflicting approaches in the implementation of, on the one hand, the legal interest condition in determination of non-infringement actions (DNI), and, on the other hand, the Bolar exemption in p...»
Barselona Temyiz Mahkemesi’nin yakın zamanda yayınlanan 12 Ocak 2019 tarihli kararında bir istemin koruma kapsamının tarifname ile sınırlanamayacağına hükmetti.
Anılan karara konu uyuşmazlıkta EP1489342 (“EP’342”) sayılı patentin sahibi açmış olduğu patent tecavüzü davası ile davalı yanın pazarladığı “valfler” ile patentin 1 numaralı istemini ihlal ettiğini iddia etmiştir.
EP’342 patentinin 1 Numaralı istemi şu şekildedir:
“1. Aşağıdaki unsurlardan oluşan üç yollu bir ...»
İngiltere ve Galler Temyiz Mahkemesi 12 Şubat 2018 tarihinde, Avrupa Birliği Anlaşması’nın 267. maddesi uyarınca Avrupa Birliği Adalet Divanı’ndan (“ABAD”) online marka tecavüzü davalarında hangi üye ülke Mahkemesinin yetkili olacağına dair bir ön karar vermesini talep etti. ABAD ise kendisine yöneltilen soruları 5 Eylül 2019 tarih ve C-172/18 sayılı kararında (http://curia.europa.eu/juris/liste.jsf?language=en&num=C-172/18) yanıtladı.
Davacı AMS Neve Birleşik Krallık’ta...»
Regulatory overview
1. What is the regulatory framework for medical products?
Legislation
The healthcare system is principally governed by the Fundamental Law on Healthcare Services No. 3359, which establishes a healthcare system providing equal and equitable access and gives the Ministry of Health (MoH) authority to issue healthcare-related regulations.
The regulations of the MoH further regulate the pre- and post-market conditions for the commercialisation of medical produc...»
“In Turkey, the active population, retirees and their dependants are covered by health insurance provided by the Social Security Institution (‘SSI’). Employers must pay monthly contributions for their employees, who automatically become covered. Those who are self-employed may also benefit from this insurance coverage by voluntarily paying monthly contributions. Health insurance provided by the SSI covers practically every physical examination, test and treatment (both outpat...»
FICPI – TURKEY arranged its sixth roundtable meeting on opposition proceedings of European Patents before the European Patent Office (“EPO”), the protection of the amended version of already validated patents in Turkey following the opposition procedure and how the opposition procedures of the Turkish Patent and Trademark Office (“Office”) should be as per the new law.
Mr. Barış Atalay, who is a European and Turkish Patent Attorney and member of FICPI – TURKEY, moderated the ...»