Insights
Guideline on Named Patient Programme Updated
On 23 October 2021, the Turkish Medicines and Medical Devices Agency (the Agency) published its amended guideline on the named patient programme (Turkish language) (guideline). The most important amendments concern the bodies authorised to supply foreign drugs and the countries from which products can be supplied. The range of bodies authorised to supply foreign drugs has been broadened, and now in addition to the International Health Services (USHAŞ), Turkish Pharmacist… »
Draft Telemedicine Regulation Published
The Ministry of Health (MoH) published a draft Regulation on providing remote healthcare services (draft Regulation) and shared it with the stakeholders via the Turkish Industrialists' and Businessmen's Association for feedback. The draft Regulation is not currently publicly available. The draft Regulation aims to address the legal gap on telemedicine which has become a more pressing concern due to the COVID-19 pandemic. The most important provisions of the draft Regulation… »
Advertisement Board and Hygienic Products Ads
The advertisements and promotions pertaining to hygiene and health care products have increased in number in parallel with the necessities arising due to the COVID-19 pandemic. The advertisement types subject to special regulations of relevant legislation, including testimonial and comparative advertising practices, have been exercised. The diversity in the advertisements and promotions has been reflected in the decisions of the Advertisement Board and the fundamental notions… »
Permanent Injunction on the Infringing Pharmaceutical Products on the NPP List
Pharmaceutical products that are not licenced in Turkey and/or licenced but not have been made available to the market can be supplied by Turkish Pharmacists’ Association, Social Security Agency (SSA) and institutions and organizations that are deemed suitable for foreign drug supply by the Turkish Medicines and Medical Devices Agency (“Agency”) (“Foreign Drug Suppliers”) as per to the provisions of the Guideline on Drug Supply and Use from Abroad (“Guideline”). Pursuant to… »
An Overview of Vaccination and PCR Testing Policies at Workplaces
With wide-scale use of COVID-19 vaccines all around the world, vaccination and PCR testing policies at workplaces have become a hot topic both for employers and employees. Although there has not been any legislative activity yet, the Ministry of Labor and Social Security issued a general letter to guide the workplaces about the possible vaccination and PCR testing policies to be adopted, which has left questions whether employers could require mandatory vaccination or regular… »
District Court in Turkey Rules on Preliminary Injunction Assessments
Objectively, preliminary injunction decisions play a key role for the IP right holder particularly for patent holders to be dealt by Intellectual and Industrial Property Rights (IP courts) in an urgent matter due to the super technicality nature of such cases, commercial reasons, time pressure, etc. The preliminary injunction, which appears as a way out in cases where the definitive protection is not sufficient and a temporary legal protection is needed, can be requested… »
Directors & Officers Liability Insurance Gains More Importance Day by Day
Equity companies have enabled large investments and projects yet also caused company executives and managers to take great responsibilities and to be liable against the company, shareholders, and creditors for any losses incurred due to their faulty or negligent actions that may arise during the company management. Such responsibility leads to serious losses as a result of both board members and managers’ faulty or negligent actions and therefore makes them hesitate to manage… »
Appeal Court Issues Significant Decision on Jurisdiction in Case of Online Infringement
The Regional Court of Appeal has held that, in case of online infringement of a registered trademark, the owner of the trademark may initiate a court action against the infringer anywhere in Turkey.Background The claimant, a foreign company which owned registered trademark rights in Turkey, was suffering from the defendant’s infringing acts and initiated a trademark infringement action. Article 156 of the Turkish IP Code, entitled “Commissioned and competent court”, states… »
IP Court Rules on Red Bull’s Colour Marks in an Infringement Claim
Red Bull, the leading manufacturer and pioneer for energy drinks, encounters many trademarks, designs and trade dresses attempting to gain unfair advantage of Red Bull’s tremendous reputation worldwide. Turkey is one market where Red Bull is the leader, so there has been a significant number of sales and market awareness. Therefore, the Turkish market is monitored carefully for infringing products, and brand protection strategy is applied properly by Red Bull. In mid-2020… »
The New Deadline for Registration to Data Controllers’ Registry Approaches!
In accordance with Personal Data Protection Law No. 6698 and the Regulation on Data Controllers’ Registry (“Regulation”), data controllers shall get registered to the Data Controllers’ Registry (“VERBIS”). Deadlines for the registration obligation is announced by the Personal Data Protection Board (“Board”). Although the previous deadlines designated by the Board expired, in accordance with the Board’s decision dated 01.03.2021 and numbered 2021/238, a new deadline is set for… »
SAMSONITE v SAMS: Higher Board Issues Exemplary Decision on Similarity, Taking into Account Well-Known Status of Earlier Mark
Background On 19 November 2018 a Turkish company filed an application for the registration of the word mark SAMS in all classes (Classes 1 to 45). Following the publication of the application in the Official Trademarks Bulletin, the owner of the well-known SAMSONITE trademarks filed a partial opposition against the application based on a likelihood of confusion for some of the goods in Classes 6, 9 and 18. In its decision dated 1 October 2019, the Trademarks Department of the… »
Updated Examination Guideline in Turkey
The Turkish Patent and Trademark Office updated the Trademark Examination Guideline on 18 August 2021. Mutlu Yıldırım Köse reports. The previous Guideline defined the criteria regarding the examination of trade mark applications on absolute grounds within the scope of the Industrial Property Code (IP Code). The updated Guideline defines the criteria regarding the likelihood of confusion examination as per Article 6/1 of the IP Code. The main purpose of the Guideline is to… »