Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 25 July 2020, the Turkish Medicines and Medical Devices Agency published an update to its announcement titled Precautions to be taken in Clinical Research due to the COVID-19 pandemic (Turkish language) that was originally published on 20 March 2020. The update reflects feedback collected from the industry.
The updated announcement states the following:
Applications to conduct online meetings between research personnel durin...»
Cummins Inc opposed the registration of the mark GENUINE PARTS on the ground of ‘genuine right ownership’
The District Court ruled that Cummins had genuine rights in the mark due to its registrations in the European Union and the United States
As the applicant and Cummins operated in the same field of business, the application had been filed in bad faith
The principle of ‘genuine right ownership’, which is regulated by Article 6/3 of the Turkish Intellectual Prop...»
The law amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (the “Law No: 5651”) was accepted by the Turkish Grand National Assembly on July 29, 2020 and published in the Official Gazette on 31 July 2020. These amendments, which have been on the agenda for a long time and known as social media regulations, bring fundamental changes.
New provisions have been added to the Law No. 5651. Essentially, simila...»
Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 1 July 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) stating that declarations of conformity for medical devices issued by organisations other than manufacturers have no validity. Declarations of conformity can only be issued by manufacturers.
Products classified under the Turkish Medical Devices Regulation as Class I (non-sterile and non-measuring) products and under the ...»
Mediation became mandatory for monetary-related commercial disputes from 1 January 2019, but the practical impact of this change had remained unclear
Based on a recent Court of Appeal decision, it appears that monetary and non-monetary claims can be filed together without going through mandatory mediation
This decision is significant in view of the high number of IP-related cases that include both types of claim
Mediation became mandatory for monetary-related com...»
Certain sectors were temporarily closed, by administrative order, ceasing all business operations. Those businesses that remained open introduced several workplace practices in order to minimise the risk of transmission, in line with their occupational health and safety obligations, which have been heightened in current circumstances.
Governmental facilities granted to employers
The Governmental authorities provided a prohibition on the termination of employment for ...»
Having affected the whole world, Covid 19 pandemic also had an impact on trademark law as the other areas of law. When considered in detail, it can be seen that trademark law is affected in various aspects by the Covid 19 pandemic.
As a matter of fact, one of the most apparent examples of this impact is that the number of trademark applications related to the Covid 19 period has risen, although the number of trademark applications in total has decreased. Worldwide known trade...»
Although the Turkish Code of Obligations No. 6098 ("TCO") entered into force on 1 July 2012; with Article 53 of the Law on Amendment of Certain Laws and Decree Laws dated July 4, 2012 and numbered 6353, enforcement of Articles 323, 325, 331, 340, 342, 343, 344, 346 and 354 of the TCO (“Postponed Articles”) has been postponed for 8 years as of 1 July 2012 for workplace lease agreements where the lessee is a merchant in the scope of the Turkish Commercial Code ("TCC") or a priv...»
An IP court has accepted the discovery of evidence demand made by an originator company against a generic pharmaceutical company after the court’s expert panel confirmed that patent infringement had occurred, but has then rejected the originator’s request for a preliminary injunction due to the so-called ‘Bolar’ exemption.
An originator company filed a discovery of evidence request with a preliminary injunction demand against a generic company that complete...»
Dicle Doğan and Fatma Sevde Tan, Gun & Partners
On 11 June 2020, the Turkish Medicines and Medical Devices Agency published new guidelines (Turkish language) on scientific meetings and educational activities regarding medical devices.
The guidelines, which were updated by an amendment made on 27 April 2020, state that in terms of scientific web-based meetings, only meetings that last more than one day should be notified. This is further to the existing rules, which do not...»
Artificial intelligence (AI), which does not yet have a solid definition, can generally be described as “the ability of a digital computer or computer controlled robot to perform tasks commonly associated with intelligent beings.” AI systems have started to play a part in our daily life and today they carry out crucial roles for human beings. For instance, BlueDot’s AI system was among the first in the world to identify the emerging risk from COVID-19.
AI also creates music, ...»
1. What are the principal sources of law and regulation relating to patents and patent litigation?
Turkey is a party to almost all international treaties relating to intellectual property, including the:
WIPO Strasbourg Agreement Concerning the International Patent Classification 1971.
WIPO Paris Convention for the Protection of Industrial Property 1883 (Paris Convention).
Patent Cooperation Treaty 1970 (PCT).
European Patent Convention 1973 (EPC).
WTO Agreement on Trade-Rel...»