One of the most striking developments in the music industry in 2023 was the release of the song “Heart on my Sleeves” by an anonymous user named “Ghostwriter” using the AI-created voices of world-famous singers Drake and the Weekend. However, the song “Heart on my Sleeves” did not exist in the music market for a long time due to the removal of the song from the relevant platforms after Universal Music filed a notice of intellectual property infringement. Although the song was…
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Humans have to live as a society in solidarity with others for survival, security, and continuation of the species. Equity (fairness) and cooperation must be core values in these societies if these three basic objectives are to be secured. The survival and progress of societies depend on cooperation which in turn depends on equity and fairness.
Ethics and the law
Although it is far from being ideal, justice is the best means humankind has developed to realise these values.…
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As educated consumers should be taken into account, particularly when comparing the trademarks covering medicines, it is a well-established principle that the likelihood of confusion between the trademarks covering the goods in class 05 is harder to occur. The Turkish Court of Cassation (“the Coc”) has reiterated this concept repeatedly, so the courts strictly adhere to it and consider a great degree of similarity before accepting that healthcare professionals might confuse…
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In accordance with the Regulation on Licensing of Human Medicinal Products, the Guideline on the Working Procedures and Principles of the Priority Assessment Board for Human Medicinal Products ("Guideline"), which sets out the procedures and principles regarding the prioritization applications submitted to the Turkish Medicines and Medical Devices Agency ("Agency") and the working of the Priority Assessment Board for Human Medicinal Products ("Board") established within the…
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The Guideline on Co-Marketing of Medicinal Products for Human Use ("Guideline") contains regulations on the evaluation of marketing authorization applications for co-marketed products and the evaluation of authorized co-marketed products. The Guideline published on February 17, 2023, was updated by the Turkish Medicines and Medical Devices Agency and re-published on June 07, 2024.
The Guideline used to stipulate that if variations are made in the main product that also affect…
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I. Introduction
Law
The Industrial Property Code no. 6769 (““IP Code””) entered into force on January 10, 2017.
Conventions
International Convention (Stockholm) (see Appendix 1); Hague Agreement Concerning the International Registration of Industrial Designs (see Appendix 2); Locarno Agreement for the International Classification of Industrial Designs (see Appendix 3); Patent Cooperation Treaty (see Appendix 4(a)); Strasbourg Agreement Concerning the…
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Law
At national level, the main sources of patent law are the:
Industrial Property Code No. 6769 (IP Code);
Regulation on the Implementation of the IP Code;
Regulation on Employees' Invention, Inventions Realised in Higher Education Institutions and Inventions Realised as a Result of Publicly Funded Projects; and
Regulation on the Implementation of the European Patent Convention Regarding the Grant of European Patents in Turkey.
Conventions
Turkey is a party to almost all…
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Amendments to the Regulation on the Procedures and Principles of Media Services ("Regulation") introduced new rules regarding the content rating for television programs. New rules immediately entered into force upon publication in the Official Gazette dated 13.06.2024 and numbered 32575. The new amendments are particularly relevant for news programs and, in some cases, live broadcast programs.
Highlights of the Amendments:
It is regulated that the Content Rating System will…
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The Turkish Code of Civil Procedure No. 6100 (“CCP”) regulates the granting of a preliminary injunction in return of a guarantee. However, the focus of this study is on the fate of the guarantee provided for a preliminary injunction in the event that a compensation action is filed after the finalisation of the action in which guarantee is given. Yet there is neither a specific provision in the CCP on this issue, nor a concrete, established practice on how this important issue…
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Must an award take any particular form?
Article 14(A) of the International Arbitration Law (IAL) provides that an award must include:
the names, surnames, titles and addresses of the parties, their representatives and lawyers;
the legal grounds on which the award is based and, if there is a claim for compensation, the amount of compensation;
the place of arbitration and the date of the award;
the name, signature and a dissenting opinion, if any, of the arbitral tribunal;…
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Similar as in other countries, trademark squatting is also a common problem which foreign brands face in Türkiye. Trademark squatting creates challenges for market entry and registration of trademarks for foreign companies, as well as leading to dilution of the original trademark. Although there are steps to be taken to better prevent squatters, the current intellectual property (IP) legislation still has effective tools to protect the rights of foreign trademark owners and…
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Amendments to the Law on the Protection of Personal Data (“Law”) entered into force as of June 1, 2024. Please review our detailed article here about the amendments to the Law.
The main actions to be taken by data controllers within the framework of the amendments are briefly as follows:
1. Providing Appropriate Safeguards for Transfers Abroad
Except for cross-border transfers that are irregular, occur on one or a few occasions, are not continuous and are not in the ordinary…
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