Court of Appeals Evaluates Likelihood of Confusion for Descriptive Trademarks
The Assembly of Civil Chambers of the Court of Appeals recently ruled that trademarks containing identical descriptive phrases give rise to a likelihood of confusion, thereby reversing the first-instance court’s decision that there is no likelihood of confusion between such trademarks. The assembly’s approach grants exclusive rights over descriptive and generic phrases found in trademarks which could legitimise unfair competition between rights holders and render notions such… »
Supreme Court Overturns IP Court Decision Declaring Second Medical use Patent Null and Void
The Supreme Court recently issued its first decision on the patentability of second medical use claims in Turkey, marking a milestone for patent holders. In 2014 the Istanbul IP Court held that the second medical use claims granted by the European Patent Office (EPO) under the European Patent Convention (EPC) 1973 (ie, before the EPC 2000 entered into force) were null and void, as the legal grounds to support such claims were introduced to the EPC only in new Article 54(4) of… »
New Regulation on Promotional Activities for Pharmaceutical Products
Introduction The Turkish Pharmaceutical and Medical Device Agency’s (TMMDA) new Regulation on the Promotional Activities of Pharmaceutical Products for Human Use was published in the Official Gazette on July 3 2015. Most of the provisions of the new regulation entered into force on the date of publication, without a transitional period. The new regulation abolishes the previous Regulation on the Promotional Activities for Medicinal Products for Human Use (as published in the… »
Enforcement of Foreign Judgements 2016, Turkey Chapter
1 Treaties 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? Other than the multilateral treaties on family law, Turkey is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. However, Turkey… »
Turkish IP System Continues to Evolve Despite Unresolved Issues
As a bridge between Europe, Asia and the Middle East, Turkey continues to attract the attention of both foreign investors and IP infringers. Turkey has been adapting its IP legislation in line with international treaties since the mid-1990s. Its current IP regime largely complies with EU legislation and provides sufficient legal basis to protect the rights of IP owners. Specialised IP courts serve in three major cities (Istanbul, Ankara and Izmir), and the police and customs… »
Decoding Products – Where IP Rights Clash with Competition Rules
Cases involving decoding – where retailers alter or remove the identifying marks placed on goods by rights holders – sit at the intersection of IP and competition law and need careful analysis, depending on both the sector and jurisdiction involved Decoding cases are one of the best examples of the interrelation between IP rights and competition rules, requiring an in-depth analysis of IP protection and free trade with – in most cases – rights holders on one side and parallel… »
IP Court: Foreign Registrations Should be Taken Into Account During Examination
In a recent decision, the Third Civil IP Court of Ankara has made a detailed examination of the distinctiveness and descriptiveness of a trademark, and cancelled the refusal of the Turkish Patent Institute (TPI) based on a strong reasoning. Arguably, the decision – in which the court also interpreted the impact of foreign registrations for the same trademark – sets an important precedent for similar cases. The applicant’s trademark application for AIRCRUISE BIONICS, which is… »
Turkey: Paternity and Adoption Leave Introduced into Turkish Law
Whilst state employees have been entitled to 10 days paternity leave (increased in 2011 from three days) plus 24 months unpaid leave upon request and 24 months unpaid adoption leave (introduced in 2011), there was no similar entitlement for most private sector employees. Nevertheless, whilst legislation was silent on the matter for a long time, many private sector employers voluntarily granted their employees paternity leave of three to five days. Initially it was mostly… »
Solar Power in Turkey
Solar power has been one of the hot topics in the Turkish energy market in recent years. Considering the immense potential of solar energy, especially in the southern part of Turkey (approximately 1,330 kW/m2per year), the attention to solar power has come as no surprise. Both local and foreign investors are making plans to take part in the nascent Turkish solar market. Although the potential of solar power in Turkey has been recognized for many years, it was not until June… »
Recent Developments in Named Patient Pharmaceutical Supply Programme
Introduction The Pharmaceutical and Medical Device Institution – established under the Ministry of Health -published new Guidelines on the Supply from Abroad and the Use of Pharmaceuticals in April 2014, which were amended in December 2014. The amendments – as well as developments at the Social Security Institution – introduce important changes to the named patient programme in Turkey. The purpose of the guidelines is to determine the procedures and principles regarding the… »
Square Pegs in Round Holes: Invalidation Actions Against Unexamined Patents
The Turkish patent regime has a pre-grant opposition system and recognises two types of patent: unexamined patents and examined patents. Unexamined patents are granted without a substantive examination and are protected for seven years, while examined patents are granted only after passing the substantive examination and are protected for 20 years. Unexamined patents can also be converted into examined patents if a request for examination is made during the seven-year… »
Alternative Procedures for Asset Recovery
Introduction The Fifth Judicial Reform Package introduced important amendments to the Criminal Procedure Code on February 21 2014, including new requirements for the confiscation and freezing of assets as a precautionary measure during criminal investigations. These included a requirement for the competent authority to prepare a report in order for a confiscation decision to be rendered. Based on the nature and specifics of the case, the competent authority could be: the… »