The Turkish Court of Cassation has been one of the most important authorities of the Turkish judicial system, which has been on duty since mid-1800s. Since the establishment of the Court of Cassation, it has served as the supreme court of our judicial justice system. But the recent decisions of the Court of Cassation made us question its supervisory power as the supreme court as well as the boundaries of this power.
Until the regional courts of appeal were established in…
»
As per the Presidential Decree 3592, published in the Official Gazette (31418) dated 09 March 2021, the termination ban and unilateral unpaid leave have been extended for a further two months as of 17 March 2021. In this regard, the termination ban and unilateral unpaid leave are currently projected to end on 17 May 2021. However, the President is entitled to extend these terms until 30 June 2021.
»
The Istanbul Civil Court for Intellectual and Industrial Rights has granted a preliminary injunction to remove a pharmaceutical product from the foreign drug list of the Turkish Medicines and Medical Devices Agency (TMMDA). The drug was supposed to be supplied via the named patient programme (NPP) and was removed on the grounds of patent infringement. Further, the supplier company has been prevented from directly or indirectly commercialising the product, which includes its…
»
Civil Procedure Code No. 6100 (“CPC”) entered into force on 01 October 2011 by replacing the former Civil Procedure Code No. 1086. One of the most significant mechanisms introduced by the CPC was preliminary examination.
Under Turkish law, first stage of a trial is the initiation of a lawsuit and exchange of petitions, which is followed by the preliminary examination. During the preliminary examination, the court examines the causes of action, initial objections, points of…
»
Sensitive and non-sensitive personal data can be transferred abroad if the explicit consent of the data subject is obtained.
Furthermore, other legal grounds will also apply to the transfer of personal data to the foreign country. However, the destination country must have “sufficient protection” in order to conclude the transfer abroad based on legal grounds (except for having obtained explicit consent). A list of jurisdictions that provide sufficient protection is to be…
»
Sensitive and non-sensitive personal data may be transferred to third parties if the explicit consent of the data subject is obtained, or if one of the additional legal grounds is applicable for such transfer.
The Data Protection Law does not provide a definition for a third party; therefore, any individual or entity (other than the data controller and the data subject) may be considered a third party. This creates a problem, especially in relation to transfers between data…
»
Key aspects of intellectual property right assignments
Definition of IP Rights
Does the definition of "Intellectual Property Rights" in Standard document, Assignment of intellectual property rights: Cross-border: clause 1.1 include any rights that are not recognised in your jurisdiction? If yes, what are those rights?
Standard document, Assignment of intellectual property rights: Cross-border: clause 1.1 does not include any rights that are not recognised in Turkey…
»
Key aspects of intellectual property licensing
Degree of exclusivity
Describe what is understood by each of the below terms in your jurisdiction.
Exclusive licence
Under the Industrial Property Code No. 6769 (IP Code), an exclusive licence is a type of licence under which the licensor cannot issue a licence to any person other than the exclusive licensee and cannot use the licensed intellectual property (IP) rights unless they explicitly reserve this right.
Non-exclusive…
»
On 19 February 2021, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language), stating that the foreign exchange rate between the euro and Turkish lira for drug prices would be raised to EUR1 to TRY4.5786 as of 20 February 2021.
The euro exchange rate used for approval of drug prices in Turkey is determined as per the Decision on the Pricing of Human Medicinal Products (decision). Pursuant to the decision, the euro exchange rate is…
»
On 14 March 2021, the Turkish Medicines and Medical Devices Agency published the Guidelines on Applications for Electronic Scientific Meetings and Electronic Product Promotion Meetings (Turkish language). Electronic meetings have become more important because of the COVID-19 pandemic, and the guidelines have been published to answer questions raised in practice. They also introduce stricter rules for electronic meetings.
Key provisions of the guidelines are as…
»
Following the adoption of the substantial amendments to the Regulation on Sales, Advertisement and Promotion of Medical Devices (“Regulation”) on 2 September 2020, the new Guidelines for the Implementation of the Regulation on Sales, Advertisement and Promotion of Medical Devices (“Guidelines”) has been published on the Turkish Medicines and Medical Devices Agency’s (“Agency”) website on 12 February 2021.
The most crucial changes brought with the Guidelines are in relation to…
»
Having affected the entire world, the Covid-19 pandemic also had an impact on trademark law as it has other areas of law. When considered in detail, we see that trademark law is affected in various aspects by the Covid-19 pandemic.
As a matter of fact, when we look at the period during March, April, and May, when the pandemic just started, one of the most apparent examples of this impact is that the number of trademark applications throughout the Covid-19 period has risen…
»
