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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On 25 August 2022, the Social Security Institution Reimbursement Regulation (Turkish language) was published in the Official Gazette numbered 31934. The regulation has replaced the previous Social Security Institution Reimbursement Regulation from 2016. The most important amendments are made on the Pharmaceutical Reimbursement Commission's (PRC) working procedures.
The regulation includes new definitions for therapeutic reference (TR) group, biosimilar medicinal product…
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The Social Security Institution’s (“SSI”) Regulation on Drug Reimbursement (“Regulation”) was published in the Official Gazette no. 31934, dated 25.08.2022. With this new Regulation, the Social Security Institution Drug Reimbursement Regulation dated 10.02.2016 was abolished.
The most important amendments that came into force with the Regulation are the introduction of new definitions, new provisions regarding the prioritization of the applications for the reimbursement of…
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Bakırköy 1st Civil IP Court, in an invalidation action against a registered trademark where trademark infringement and unfair competition is also claimed due to use of the challenged registered trademark, decided to accept the case and ordered for invalidation of the challenged trademark registration as per senior trademark rights of the plaintiff, also decided for determination and revocation of the trademark infringement and unfair competition caused due to use of the…
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The IP Court found that there was no likelihood of confusion between the parties’ ‘V’ marks, contradicting the expertreport’s evaluation
Versace’s mark included fi gurative elements that rendered it distinctive, while the plaintiff’s marks included descriptivephrases
The decision confi rms that the likelihood of confusion assessment shall be stricter when it comes to one-letter trademarks
Background
An opposition was fi led against Gianni Versace SRL’s trademark application…
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