Insights
Developments in the Obligation of Registration to Data Controllers’ Registry
In accordance with Personal Data Protection Law No. 6698 (the “DPL”) and the Regulation on Data Controllers’ Registry (“Regulation”), data controllers shall get registered to the Data Controllers’ Registry (“VERBIS”). In terms of the private sector, periods regarding the registration obligation has expired as of 31.12.2021 for (i) data controllers located outside of Turkey, (ii) data controllers having more than 50 employees annually or an annual balance sheet with a value… »
Authorization Obligation is on the Horizon for OTT Services
The law, known as the 'disinformation law,' entered into force after being published in the Official Gazette on October 18, 2022. The new period for all OTT service providers, which provide interpersonal electronic communications services within the scope of audio, visual, written communications provided to the end users or subscribers having internet access, independently from the operators and internet services, through a publicly available software, has started on October… »
Court of Cassation Puts an End to Long-Running Sheraton Dispute
Background In 2015 the Turkish Court of Cassation (CoC) found that the trademark SOYIÇ HOTEL and device (depicted below on the left) was confusingly similar to Sheraton’s well-known device mark (depicted below on the right), so that there was likelihood of confusion (decision of the 11th Chamber of the Court of Cassation dated 9 March 2015, merit number 2014/ 18262, decision number 2015/ 3101). The CoC also held that Sheraton’s device trademark is well known in its… »
Debate on well-known Trademark Registry Expected to be Resolved Soon
The PTO is determined to maintain its well-known trademark registry, even though the Court of Cassation held that it has no authority to do so Rights owners may continue to file applications for the recognition and recordation of their trademarks as well knownbefore the PTO New regulation is expected to give the PTO explicit authority to keep the well-known trademark registry Background In 2020 the Court of Cassation concluded that the Patent and Trademark Office (PTO) had… »
Patent and Trademark Office Rejects Applications Based on Interdependence Principle
The ‘interdependence principle’ was clearly established by the CJEU in Canon In two recent cases, the Patent and Trademark Office explicitly mentioned and set out the conditions for the application of the interdependence principle In one of the cases, the Office also found that an application including the dominant element ‘camelbak’ could not have been filed in good faith The Interdependence Principle For an application to be rejected under Article 6/1 of the Turkish… »
A First for Turkey as Court Decides Preliminary Injunctions Can Apply to NFTs
Despite legal uncertainties, court decisions in various jurisdictions have grasped with the issues of non-fungible tokens (NFTs), digital tokens that cannot be exchanged or replaced and may represent a tangible object in the real world. For the first time, a court in Turkey rendered a preliminary injunction (PI) regarding NFTs on June 21, 2022. In the dispute filed before the Istanbul Third Civil Intellectual Property Court (court), heirs of Cem Karaca, who was an artist… »
New Reimbursement Regulation Published
On 25 August 2022, the Social Security Institution Reimbursement Regulation (Turkish language) was published in the Official Gazette numbered 31934. The regulation has replaced the previous Social Security Institution Reimbursement Regulation from 2016. The most important amendments are made on the Pharmaceutical Reimbursement Commission's (PRC) working procedures. The regulation includes new definitions for therapeutic reference (TR) group, biosimilar medicinal product… »
Business Card Misuse Considered Grounds For Termination in Court Ruling
Introduction It is common practice for companies to provide business credit cards to certain employees who have managerial responsibilities and/or make frequent payments on behalf of the company in scope of their duties. It is also common for these companies to encounter situations where employees will use business credit cards for personal expenses either intentionally or by mistake. In cases where the employers suspect that an employee has used their business credit card… »
Advertisement Containing Blurred Images of Rivals’ Products is Banned
The Advertisement Board rendered an important decision regarding comparative advertising practice on August 9, 2022. The decision pertains to the advertisement published in the catalogue offered to consumers monthly by a globally-known cosmetics and fragrance company which compared two of its fragrances with the products of two world-famous fragrance brands. The advertisement published in the catalogue of the advertiser regarding its products contains the expressions of “It… »
Having Valid Trademark Registration No Longer Creates Immunity Against Infringement Claims
Bakırköy 1st Civil IP Court, in an invalidation action against a registered trademark where trademark infringement and unfair competition is also claimed due to use of the challenged registered trademark, decided to accept the case and ordered for invalidation of the challenged trademark registration as per senior trademark rights of the plaintiff, also decided for determination and revocation of the trademark infringement and unfair competition caused due to use of the… »
New Regulation on Drug Reimbursement has been Published
The Social Security Institution’s (“SSI”) Regulation on Drug Reimbursement (“Regulation”) was published in the Official Gazette no. 31934, dated 25.08.2022. With this new Regulation, the Social Security Institution Drug Reimbursement Regulation dated 10.02.2016 was abolished. The most important amendments that came into force with the Regulation are the introduction of new definitions, new provisions regarding the prioritization of the applications for the reimbursement of… »
A Milestone Decision on the Patentability of Second Medical Use Claims
As per the EPC definition, a substance or composition that is already known to have been used in a “first medical use” may still be patentable for any second or further use, provided that said use is novel and inventive. Even though the first medical use was the subject of patent protection within the EPC 1973, this convention did not regulate that the substance could be subject to a patent in different medical uses (second/further medical use). While there was no regulation… »