Determination of evidence, which is one of the most important temporary legal protection measures regulated in our law, is an institution that ensures the protection of evidence that will assist the proving of the matter. Considering that the adversarial trial process is adopted in our civil procedure law, the significance of the right holder being able to have the evidence which will help them prove their rightness effectively determined, is clear. However, as will be…
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In Turkey, following the criminal complaint route against counterfeits is very effective, yet several criminal courts are becoming rather hesitant to grant search & seizure warrants. The most problematic courthouse in this respect has been Istanbul Courthouse for quite some time and this courthouse is very important as its jurisdiction covers very significant locations for brand owners, such as Grand Bazaar, Taksim, Tahtakale etc.. The criminal courts of Istanbul…
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The Presidential Decree numbered 6365 Amending the Decision on Pricing of Medicinal Products For Human Use (“Decision”) was published in the Official Gazette numbered 32008 on 9 November 2022.
The following paragraph has been added to Article 2 of the Decision:
“Discount practices that cause temporary price changes in country/countries where the product is offered for sale, special practices related to product classification and taxation practices shall not be taken into…
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According to article 25(2)(d) of the Turkish Labour Act,(1) an employee bullying their employer, one of their family members or another employee constitutes a just cause for termination. Several precedents of the Court of Cassation state that "bullying" refers to threats, insults or battery. That being the case, employers often wonder whether other acts of misbehaviour by employees, which do not technically qualify as bullying yet disrupt workplace peace, may constitute…
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Despite legal uncertainties, court decisions in various jurisdictions have grasped with the issues of non-fungible tokens (NFTs), digital tokens that cannot be exchanged or replaced and may represent a tangible object in the real world. For the first time, a court in Turkey rendered a preliminary injunction (PI) regarding NFTs on June 21, 2022.
In the dispute filed before the Istanbul Third Civil Intellectual Property Court (court), heirs of Cem Karaca, who was an artist…
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The ‘interdependence principle’ was clearly established by the CJEU in Canon In two recent cases, the Patent and Trademark Office explicitly mentioned and set out the conditions for the application of the interdependence principle In one of the cases, the Office also found that an application including the dominant element ‘camelbak’ could not have been filed in good faith
The Interdependence Principle
For an application to be rejected under Article 6/1 of the Turkish…
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Provide a brief definition of a patent, the key legal requirements to obtain it and the law that applies.
A patent is an industrial property right that gives the patent owner the right to prevent third parties from certain activities such as producing, using, selling, or importing the product or process that is the subject of the invention for a 20-year period.
The applicant must prove the following to obtain a patent:
Novelty.
Inventive step.
Industrial…
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The Presidency published a Decision (Turkish language) numbered 6207 amending the Decision on Pricing of Human Medicinal Products (Decision) in the Official Gazette numbered 31928 and dated 12 October 2022.
The Decision amends the provision regarding profit rates and determined higher brackets for the calculation of pharmacist profit which is derived from the wholesaler price. The new brackets are as follows:
The pharmacist profit is 28% of the wholesaler price when the…
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The PTO is determined to maintain its well-known trademark registry, even though the Court of Cassation held that it has no authority to do so
Rights owners may continue to file applications for the recognition and recordation of their trademarks as well knownbefore the PTO
New regulation is expected to give the PTO explicit authority to keep the well-known trademark registry
Background
In 2020 the Court of Cassation concluded that the Patent and Trademark Office (PTO) had…
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Service by publication has come into effect
Turkish Patent and Trademark Office put discussions over well-known trade mark registry on its agenda
Turkish Patent and Trademark Office’s official website was updated
Service by publication has come into effect
Notification procedure was a significant issue at the Turkish Patent and Trademark Office (Office) since it not only causes delays in the application processes but also affects the IP right holders using their rights.…
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Introduction
It is common practice for companies to provide business credit cards to certain employees who have managerial responsibilities and/or make frequent payments on behalf of the company in scope of their duties. It is also common for these companies to encounter situations where employees will use business credit cards for personal expenses either intentionally or by mistake. In cases where the employers suspect that an employee has used their business credit card…
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Earlier this year the Turkish minister of health announced that President Recep Tayyip Erdogan had made a compulsory licence decision about the active ingredient molnupiravir. In line with the fact that the decision was made directly by the president, it was understood that the provision of a compulsory licence due to public interest was applied. However, the patent owner was not notified of the presidential decision nor was it publicly accessible, so the terms, the licensee…
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