Insights
Turkish Patent and Trademark Office Updates Trademark Examination Guidelines
On 30 September 2019 the Turkish Patent and Trademark Office issued guidelines regarding the examination standards for trademark applications in terms of absolute grounds, which were the first of their kind under Turkish law. Recently, a new chapter concerning the substantive examination standards for the assessment of confusing similarity has also been published. The new chapter covers the topics below: the concept of ‘likelihood of confusion’; the similarity of goods and… »
Patent Rights on Vaccines: Looking for a Scapegoat for Vaccine Inequity
It is the common goal to get through the pandemic, which endangers the health of all of humanity, and for that, all have been watching for a vaccine and treatment to overcome the pandemic as soon as possible. Scientists have managed to go beyond the known in a considerably short time, and multiple COVID-19 vaccines were developed. At this point, the equal distribution of vaccines emerged as a vital problem that hindered global salvation from this pandemic. While some… »
Supply of Pharmaceutical Products from Abroad and Patent Rights
The supply of pharmaceutical products to Turkey via the Named Patient Programme (the “NPP”) is one of the exceptional importation regimes for pharmaceutical products. Where a pharmaceutical product is not granted marketing authorisation in Turkey, or it is granted marketing authorisation but not found in the market, but patients need it, it can be supplied via this special route by physician request. The entities that are authorised to import pharmaceuticals within the scope… »
Preliminary Injunction Granted to Prevent Indirect Use of Invention
One of the most striking developments of 2020 is a preliminary injunction decision given due to implementing the provision “Prevention of the Indirect Use of Invention” regulated in Article 86 of the IP Code. Although the expression “Indirect Use of Invention” is often confused with the “Indirect Infringement of Patents” concept, indirect patent infringement is not explicitly regulated in our law. Because as is known, the Turkish IP Code numbered 6769 (“IP Code”) lists the… »
Are Clinical Trials Excluded From Patent Protection in Turkey?
The Turkish IP Law (6769) rules on acts that constitute patent infringement and acts that are excluded from patent protection. However, when it comes to evaluating whether clinical trials in Turkey should be excluded from patent rights, it is important to take the experimental use exemption under Article 85/3(b) and the Bolar exemption under Article 85/3(c) into consideration. Unfortunately, this is easier said than done. No case law in Turkey clarifies which acts are… »
Discovery of Evidence Requests and the Scope of Bolar Exemption
Discovery of evidence requests are specially regulated under the Turkish Code of Civil Procedure No. 6100. The discovery of evidence enables determining a fact that is not yet examined in an ongoing action or a fact that will be put forward in a future action. It must be emphasised that, unlike the US and UK systems, there is no full and frank disclosure procedure under Turkish civil law. In other words, the parties may decide, at their discretion, which documents they will… »
Impact of EPO Proceedings and EPC Provisions on National Actions
Since Turkey’s inclusion as a member of the EPC, a hot topic has been the enforcement or invalidity of Turkish validation of European Patent(s) (“EP”) while proceedings before the European Patent Office (the “EPO”) are pending. Once an EP is validated in Turkey, it becomes a national patent. For EPs, the Office seems to have transferred its powers and duties to the European Patent Office; therefore, it functions as an institution that carries out only some procedural… »
Assessment of Individual Character of a Design in Turkey
A recent case clarifies the role of the informed user and freedom of choice in Turkish design law. Mutlu Yıldırım Köse and İrem Girenes Yücesoy explain. Design law enables designers to protect the appearance of a product. According to the Turkish Industrial Property Code (IP Code), to obtain design protection, a design must be new and have individual character. In order to consider whether the design has individual character, the overall impression produced by it on the… »
Notice and Takedown Procedure for Copyright Protection
Copyrights are amongst the most infringed-upon rights in the internet environment. On this account, Turkey applies a notice and takedown system in online copyright infringement cases as a practical tool, which is also widely recognized in many jurisdictions around the globe. In Turkey, copyrights are protected under Law on Literary and Artistic Works No. 5846 (“Law No. 5846”). According to Law No. 5846, if a work is adapted, duplicated and circulated, performed or broadcast… »
Artificial Intelligence and Copyright
Artificial intelligence (“AI”) is defined as “The ability of a digital computer or computer-controlled robot to perform tasks commonly associated with intelligent beings.” With the advancement of technology, AI systems have learned to create music and art and, furthermore, today, AI can write poems, novels, stories, and legal articles. As a result of these developments, discussions have begun regarding AI-created works of art, as well as the notion of ownership and… »
Ownership of the Works Created by the Employee
Pursuant to Law No. 5846 on Intellectual and Artistic Works (“LIAW”), the owner of the work, in principle, is the person who creates the work, and this person is the exclusive owner of the material and moral rights arising from the creation of the work. According to the LIAW, although material rights may be waived by the author or transferred to third parties, the transfer of moral rights, or waiver of these rights, are not possible in accordance with the mandatory… »
A Brief Review of the Karalis Case
Mr. Yannis Karalis (“Plaintiff”), a Greek composer and lyrist who is the copyright owner of the “Eclipse” song, which was released in 1997, brought an infringement action against the famous Turkish singer and lyrist, Ms. Sezen Aksu, as well as against other lyrists and several music record and production companies (“Defendants”) due to their infringing use of the cited song in 2003. The Musical Work Owner’s Society of Turkey (“MESAM”) was also informed and involved in the… »