Insights
Non-Use Defence in Litigation Proceedings before Turkish Courts: Special Emphasis on Pharmaceutical Trademarks!
Both the Industrial Property Code No. 6769 (“the IPC”) and the Regulation on the Implementation of the IPC (“the Regulation”) were published and entered into force in 2017, uniting all IP rights in one Code which were priorly regulated by different decree-laws. Article 25/7 of the IPC regulates invalidation actions and Article 29/2 regulates infringement actions regarding trademarks. Both articles refer in their last paragraphs to Article 19 foreseeing the procedures for the… »
Is the De Minimis Difference Principle Enough to Win a Case for Patent Infringement?
There is no explicit rule in Turkish Law governing the de minimis principle. There have also not been any settled precedents in the Turkish High Court to shed any direct light on this small but important legal principal. However, there have been several infringement actions in the IP courts where the Patentee has alleged that a product differing from the Patent’s scope of protection with trifling, de minimis differences, may still infringe the Patent. The Turkish IP Court’s… »
Registration Obligation for Medical Devices Sold with Pharmaceuticals
On 27 November 2019, the Medicines and Medical Devices Agency (“Agency”) published an announcement on a registration obligation for medical devices sold with pharmaceuticals. The announcement is prepared by the Agency’s Medical Device Registry and Coordination Department which deals with registry and monitoring of the medical devices by Product Tracking System (“UTS”). Medical device notification procedures, product movements and other related works and transactions are… »
Turkey Withdraws Declaration Made Under Article 14(5) of Madrid Protocol
WIPO has received a communication from Turkey withdrawing its declaration under Article 14(5) of the Madrid Protocol As of 18 October 2019, Turkey can be the subject of a subsequent designation in respect of international registrations effected before 1 January 1999 It is believed that this development may result only in a slight increase in the number of designations under the Madrid Protocol Turkey joined the Madrid Protocol on 1 January 1999. Since then, it has been… »
The Long Arm of the Privacy Regulation
General Data Protection Regulation (GDPR) has been one of the most important regulations for the companies in Europe and also some of the companies in other countries. However, Europe is not the only jurisdiction with a privacy regulation. Various other countries like Turkey, Japan, South Korea, and Australia have privacy laws. A company located in Europe has to take into account the provisions of both the GDPR and the privacy regulations of other countries where it does… »
Could Use of a Registered Trademark Cause Infringement?
Upon enactment of the new IP Code, which abolished Trademark Decree Law no. 556, the precedent of the Court of Appeals ruling no trademark infringement due to use of a registered right changed. The Istanbul District Court of Appeals affirmed this approach in its decisions. The new IP Code no. 6769 introduced an important change to Turkish trademark law with its article 155 ruling that “a trademark, patent or industrial design holder cannot rely on its registered right as a… »
Commercialisation of Healthcare 2021 in Turkey
A Q&A guide to the commercialisation of healthcare in Turkey. This Q&A provides an overview of the regulatory framework for the commercialisation of medical products in Turkey. It covers the key requirements for manufacturing, marketing and advertising medicines, medical devices, biological products and natural health products. Medicines 1.What is the definition of medicine (or equivalent) in your jurisdiction? Under the Law on Pharmaceuticals and Medical Preparations… »
The Practitioner’s Guide to Global Investigations 2021
1 Identify the highest-profile corporate investigation under way in your country, describing and commenting on its most noteworthy aspects. There have been several criminal investigations in public health or education institutions regarding bribery and misconduct. However, none of them can be identified as high-profile corporate investigations. Instead, the focus during the past year regarding compliance-related issues appears to have been on administrative and regulatory… »
Enforcement: An International Litigation Guide 2020, Turkey
I. PRE-FILING REQUIREMENTS/DEMAND LETTERS Although it is not mandatory to send a demand letter before instituting proceedings in this jurisdiction, it is common to send such a letter. Although it is not mandatory to attempt to settle with the other party before instituting proceedings in this jurisdiction, it is commonly done. It is neither mandatory nor common to engage in mediation or other alternative dispute resolution proceeding with the other party before… »
COVID-19’s Impact on Compliance Issues and Internal & External Investigations
COVID-19 outbreak, which was announced to be a pandemic by the World Health Organization on 11 March 2020[1], had inevitable impacts on corporate compliance processes due to the evolving business and workplace practices. In parallel with the increase in remote working, along with the psychological and financial distress on individuals emerging from the crisis, many companies have come up against a changing landscape for fraud with a rising number of fraud cases, as well as… »
Product Liability and Safety 2020 in Turkey
Sources of law 1. What are the main areas of law and regulation relating to product liability? Turkey does not currently have specific legislation on product liability. However, the Product Safety and Technical Regulations Law 7223, which will enter into force on 12 March 2021, introduces a specific liability regime. This answer refers both to the current law and to the new product liability regime under Law 7223. Product liability claims of a commercial nature are based… »
Privacy Law: A Global Legal Perspective on Data Protection Relating to Advertising and Marketing, Turkey Chapter
A global legal compendium of the laws related to privacy law and data protection relating to advertising and marketing in 70 countries around the globe. Written by members of the Global Advertising Lawyers Alliance (GALA) a network of the leading advertising lawyers in the world. »