Mutlu Yıldırım Köse and Begüm Soydan report on a case in Turkey concerning the registration of the trade mark Clindoxyl and its use to threaten infringement proceedings against the genuine right holder, in which the courts protected the rightful owner and invalidated the bad faith registration.
Background
The dispute concerned the bad faith registration of a trade mark that had previously been registered in Türkiye in the name of Stiefel Laboratoires, Inc., an affiliate of…
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The Law No. 7557 on the “Amendments to Certain Laws Related to Health and to the Decree Law No. 663”, which entered into force on 24 July 2025, introduced numerous changes that directly affect the healthcare sector. One of these changes is the Additional Article 20, which was added to the Basic Law on Health Services. This article aims to address critical areas such as the placement of counterfeit medical devices on the market, unauthorized sales and technical service…
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On 2 July 2025, the Enlarged Board of Appeal of the European Patent Office (“EPO”), in its decision G 1/23, clarified whether a product already placed on the market, but whose internal structure cannot be analysed or reproduced by the skilled person, may nevertheless be excluded from the state of the art in the assessment of inventive step. In doing so, the Board added a new dimension to the ongoing debate following decision G 1/92.
The dispute giving rise to the decision…
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According to the Trademark Examination Guideline of the Turkish Patent and Trademark Office, which is aligned with the EUIPO guidelines, the comparison of trademarks should be based on the overall impression created by the marks. In this assessment, the length of a trademark can be an important factor. In general, the shorter a sign is, the easier it is for the public to perceive each of its elements. Conversely, in longer signs, differences are less likely to be noticed.…
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Legislation
Treaties
Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties, and what, if any, amendments or reservations has your country made to such treaties?
Except for those on family law, Türkiye is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. However, Türkiye is a…
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On July 24, 2025, Türkiye introduced the Law Amending Certain Laws Related to Health (“the Law No. 7557), a wide-ranging reform aimed at modernizing and improving its healthcare industry. This legislation comes at a time when rapid social and economic changes, advancing technology, and growing healthcare demands require continuous adaptation and improvement of the healthcare system. Over the years, Türkiye has made significant progress in expanding healthcare access…
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With the Regulation on Direct Sales (“Regulation”) published in the Official Gazette dated 8 August 2025 and numbered 32980, direct sale systems have been re-regulated, which are sales systems established by a direct sale company and in which direct sellers (who are not employed by the relevant direct sale company under an employment contract but rather act as independent representatives, distributors, consultants or under similar titles, and engage in return for benefits…
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Personal data protection has become a critical area that has rapidly gained importance both in Türkiye and worldwide in recent years. With the impact of digitalization, individuals generate increasing amounts of personal data in their daily lives, which in turn raises societal sensitivity regarding data security and privacy awareness. In this context, regulatory authorities are tightening oversight of data processing activities; particularly, technology companies are…
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The Parliamentary Research Commission on Determining the Steps to Be Taken to Maximize the Benefits of Artificial Intelligence, Establishing the Legal Infrastructure in This Field, and Identifying Measures to Prevent the Risks Associated with the Use of Artificial Intelligence (“Commission”) was officially established on January 14, 2025, and effectively concluded its mandate with its final meeting on May 13, 2025.
During its term of activity, the Commission addressed not…
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Parallel imports and grey market goods (ie, genuine products that have been imported into a country without the trademark owner's consent, after being legitimately placed on the market elsewhere] have long been a subject of legal and commercial tension worldwide, and a main topic for discussions around trademark rights. Most countries apply a national or regional exhaustion of trademark rights. However, Article 7 of the Turkish Industrial Property Code 6769 (IP Code]. which…
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With the advancement of artificial intelligence technologies, the emergence of new risks—particularly in relation to the protection of personal data—has increased the need for concrete guidance for developers, manufacturers, and service providers in this field. Due to the current gaps in legislation, relevant public institutions and authorities have been publishing various proposals, decisions, and recommendations on the subject.
The Personal Data Protection Authority…
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In recent years, it has become increasingly common for stores to request contact information from individuals during purchases and/or to obtain their explicit consent by sending a verification code via SMS, after which commercial electronic messages are sent to the provided contact details for advertising purposes. Due to the growing number of complaints from consumers and the widespread nature of this practice, the Personal Data Protection Board (“Board”) issued a Board…
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