The first instance Civil Court for Intellectual and Industrial Rights (“IP court”) in its decision rendered in October, 2020, pointed out that the use of the subject mark solely as a domain name is not deemed sufficient to prove the use of the mark as a trademark.
The decision concerns a revocation action for non-use filed against a trademark that has been registered for more than five years, but which has not been used properly and effectively with respect to the relevant…
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Background
An implementation problem occurs when monetary and non-monetary claims are raised together in IP cases, since the code introducing mandatory mediation does not provide a specic rule for disputes combining both monetary and non-monetary claims in a single case. In such scenario, one of the following three options must be applied by the courts:
passing through mandatory mediation and entering into the merits of the case for all claims;
dismissing all claims based…
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I. PRE-FILING REQUIREMENTS/DEMAND LETTERS
Although it is not mandatory to send a demand letter before instituting proceedings in this jurisdiction, it is common to send such a letter.
Although it is not mandatory to attempt to settle with the other party before instituting proceedings in this jurisdiction, it is commonly done.
It is neither mandatory nor common to engage in mediation or other alternative dispute resolution proceeding with the other party before…
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2020 Corruption Perception Index (“CPI 2020”), Transparency International’s annual report reflecting the perception of corruption in public sector among 180 countries/territories all over the world, was announced on 28 January 2021. The contributions of country experts, non-governmental organisations and representatives of the business world generate the results in the CPI which measures up the countries/territories on a scale from 0 (highly corrupt) to 100 (very…
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1 Identify the highest-profile corporate investigation under way in your country, describing and commenting on its most noteworthy aspects.
There have been several criminal investigations in public health or education institutions regarding bribery and misconduct. However, none of them can be identified as high-profile corporate investigations. Instead, the focus during the past year regarding compliance-related issues appears to have been on administrative and regulatory…
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Introduction to the March 2021 Edition of International Insurance Law and Regulation
International Insurance Law and Regulation is a comprehensive collection of commentary from internationallyrecognized practitioners who are experts in their jurisdictions. These specialists discuss the law and regulation of insurance in their region, creating a country-by-country guide on doing business in this highly structured and regulated industry.
The March 2021 edition contains the…
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In a recently published decision (No 2020/406 E, 2020/4212 K, 19 October 2020), the Court of Cassation(11 Chamber) has considered that the use of a trademark on a book cover was a legitimate use.BackgroundThe case was originally led before the Bakırköy Second IP Court. The complainants - Dünya Süper Veb Ofset Anonim Şirketi, the owner of the Dünya newspaper, and Mr Nezih Demirkent, the newspaper’s founder - alleged that the defendants infringed the trademark depicted below…
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Regulations on Medical Devices numbered 2017/745 (“MDR”), prepared by the EU Commission, has been published, and was planned to be enter in force on 26 May 2020. However, the MDR’s implementation date has been delayed for a year to enable healthcare institutions and economic operators to prioritize the fight against the Covid-19 pandemic. The legislation in Turkey continues the process of harmonization with the new rules set by the MDR.
On 1 February 2020, Presidential…
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Through Circular numbered 2016/4 published by the Turkish Medicines and Medical Device Agency (“TITCK”) an obligation for marketing authorization holders to apply to TITCK and obtain permission for training and support programs for patients / healthcare professionals for the purpose of the rational use of drugs was regulated.
With the program, the marketing authorization holder signs a contract with an organization that has been licensed within the framework of the…
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Following the announcement of the Structural Transformation Program Action Plan for Healthcare Industries on 7 November 2014, Turkey commenced adopting measures to localize the production of a substantial number of pharmaceutical products sold in Turkey. On 10 December 2015, the 64th Government announced the 2016 Action Plan (64th Government Action Plan), which included a statement that measures would be taken to prioritize domestically produced medical supplies and medical…
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A Q&A guide to the commercialisation of healthcare in Turkey.
This Q&A provides an overview of the regulatory framework for the commercialisation of medical products in Turkey. It covers the key requirements for manufacturing, marketing and advertising medicines, medical devices, biological products and natural health products.
Medicines
1.What is the definition of medicine (or equivalent) in your jurisdiction?
Under the Law on Pharmaceuticals and Medical Preparations…
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On 12 February 2021, the Turkish Medicines and Medical Devices Agency published new guidelines (Turkish language) for the implementation of regulation on sales, advertising and promotion of medical devices. The new guidelines introduce detailed provisions on implementing some of the significant amendments that were made to the Regulation on Sales, Advertising and Promotion of Medical Devices on 2 September 2020.
Under the guidelines, in addition to advertising and promotional…
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