Insights
COVID-19: Restrictions on Promoting Medicines
In accordance with general precautions established by the government due to the COVID-19 pandemic, the Turkish Medicines and Medical Devices Agency published new arrangements in March 2020 on promotional activities concerning medicines to encourage social isolation. On 19 March, the Agency published an announcement (Turkish language) indicating that product promotion representatives of the pharmaceutical companies must cease visiting health institutions and establishments… »
Prohibition on Termination and Unilateral Unpaid Leave Enters Into Force
Introduction On 17 April 2020 the Law on Minimising the Impacts of the New Coronavirus (COVID-19) Outbreak on Economic and Social Life and the Amendment of Certain Laws (7244) (the Amendment Law) was published in the Official Gazette (31102) and entered into force. The most significant amendments introduced to the Labour Act, the Act on Trade Unions and Collective Bargaining Agreements and the Unemployment Insurance Act include: the prohibition on employers terminating… »
Keyword-Based Searches in Trademarks Law
In a recent decision, the Federal Court of Germany ruled that the platforms displaying third party products as search results for the searches based on keywords that are identical to a trademark on e-commerce web sites shall be liable for breaches in the trademarks rights, in the event that these platforms use an algorithm with an active role in determining the products to be displayed. The Court has also decided that AdWords ads directed to these lists also constitute a… »
Key Developments and Predictions for Life Sciences in Turkey
With Turkey having a population of 80 million that is covered by an extensive social healthcare system, the size and volume of the Turkish life sciences industry is significant. Despite many opportunities that accompany this potential for growth, it should also be noted that both the Turkish pharmaceutical and medical device industries remain heavily regulated in all aspects, ranging from market access, to pricing and reimbursement being covered by industry-specific… »
European Parliament Approved the Proposal for Postponing the Implementation Date of Medical Device Regulation No (EU) 2017/745 (MDR)
The coronavirus (Covid-19) crisis has created extraordinary circumstances that require substantial additional resources and an increased availability of vitally important medical devices. However, none of this could reasonably have been anticipated at the time of adoption of the Medical Device Regulation numbered (EU) 2017 /745 (“MDR”) to be in the force on 26 May 2020. In this regard, on 3 April 2020, the European Commission has adopted a proposal to postpone by one year the… »
MedTech Europe Guidance Regarding Conduct During COVID-19 Crisis
In the current COVID-19 crisis medical device companies continue to prove support to healthcare professionals, healthcare organizations, healthcare systems and governments in order to fulfill the urgent needs. However, the local regulations and codes of conduct for the industry on relationship between the medical device companies and governmental organizations are still in force. Therefore, it is likely that some actions taken by the medical device companies in response to… »
Turkish Court of Appeal Rules on Likelihood of Confusion
The Turkish Court of Appeal has overturned lower court decisions in a case concerning likelihood of confusion between trade marks sharing a common weak element. Güldeniz Doğan Alkan and Ayşenur Çıtak explain. Origins of the dispute Türkiye İş Bankası A.Ş., which is a popular bank and holder of the well-known trade mark Türkiye İş Bankası in Turkey, filed an application for the mark shown on the right in classes 9 and 36. An opposition was filed against the application… »
Did the Advertisement Board Clarify the Limits of Distributing “Free Item” With Food Products?
In a recent decision dated February 11, 2020 and numbered 2019/9931 the Advertisement Board, held that promotions of a food company for its potato chips with accompanied free ice tea coupons are compliant with Advertising Regulation. Hence Advertisement Board imposed no sanction against these promotions. This is an important and exemplary decision for evaluating the Advertisement Board’s approach in terms of implementation of Article 24/A (3) of the Regulation on Commercial… »
COVID-19 Suspended the Enforcement and Bankruptcy Proceedings and the Terms
In scope of the measures taken to prevent COVID-19 outbreak from spreading within our country, the Presidential Decree on Suspension of the Enforcement and Bankruptcy Proceedings dated 21 March 2020 and numbered 2279 (“the Presidential Decree”), which was issued based on Article 330 of the Enforcement and Bankruptcy Act, has entered into force upon publication in the Official Gazette dated 22 March 2020 and numbered 31076. As per this Presidential Decree, all of the… »
Roundtable Meeting on Post-Grant Patent Opposition Before the Turkish Patent and Trademark Office
THE FIRST DETAILED INFORMATION WAS PROVIDED REGARDING THE POST-GRANT OPPOSITION SYSTEM BEFORE THE EUROPEAN PATENT OFFICE (“EPO”) FICPI-Turkey held the ninth of its traditional roundtable meetings at Turkish Patent and Trademark Office (“Türk Patent”) on 13 December 2019. The meeting was moderated by Selin Sinem Erciyas, who is the Vice President of the Board of Directors of FICPI-Turkey and Serkan Özkan, who is an Intellectual Property Expert at Türk Patent. The post-grant… »
Guidelines on Importing Clinical Research Products
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 27 February 2020, the Turkish Medicines and Medical Devices Agency published Guidelines on the Import of Research Products to be used in Clinical Research (Turkish language). Pursuant to the Regulation on Clinical Research published in the Official Gazette dated 13 April 2013 and numbered 28617, permission from the agency is required for the manufacturing and import of products to be used in clinical research conducted in… »
Euro Exchange Rate for Drug Prices Updated for 2020
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 18 February 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language), stating that the Price Evaluation Commission had raised the Euro exchange rate to be used in pricing of the drugs to TRY3.8155 for 2020. The new exchange rate became effective on 19 February 2020. By way of background, the Euro exchange rate used for approving drug prices in Turkey is determined as per the… »