Amendments Related to Signature Specimen
The Amending Law Related to the Technology Development Zones and Certain Other Laws (the "Law No. 7263") was published in the Official Gazette on February 3, 2021 and entered into force on the same date. Article 22 of the Law No. 7263 amended Article 40 of the Turkish Commercial Code with respect to issue of signature specimen.
In this regard, the amendment provides that signature samples of real person merchants and authorized…
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In 2020, an arbitration judgment was held in accordance with the ISTAC serial arbitration procedure regarding the compensation request for employee invention and, as far as it is known, this is the first and pilot file in which the Regulation on Employee Inventions, Inventions in Higher Education Institutions and Public Funded Projects, will determine the price tariff for employees’ inventions and the arbitration procedure to be followed in case of dispute.
Within the scope…
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The new IP Law (the “Law”) numbered 6769 abolished the provisions on “The use requirement of patents,” and “The evidence of use” of the Decree Law Pertaining to the Protection of Patent Rights. The Law now focuses on the requirements of use for patents within the provision of a Compulsory License.
Accordingly, a patent owner must make use of the patented invention within three years following publication of its granted decision in the Official Bulletin (‘the Bulletin’), or…
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The Turkish Court of Cassation (‘CoC’) upheld lower court decisions which ruled in favour of cancelling the Turkish Patent and Trademark Office’s (‘Office’) Re-Examination and Evaluation Board’s (‘Higher Board’) decision for invalidation of the ‘Mazstar’ trademark on the basis of likelihood of confusion with the plaintiff’s trademarks bearing the common element ‘Star’.
Dispute Background
The defendant filed an application before the Office for ‘MAZSTAR’ in classes 29 and 30.…
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Turkey’s first official diagnosis of COVID-19 was announced on March 11 2020. Since then, the country has experienced lockdowns, quarantines, travel bans and limited access to public services at various levels, depending on the progress of the pandemic. There were months where the legal and administrative bodies’ effectiveness was inversely proportional with the curve of pandemic, which affected all governmental agencies.
Incidentally, brand enforcement activities were also…
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Constitutional Court’s decision of 12 January 2021 concerning the application no. 2018/31036[1] discusses, once again, employer inspection on employees’ corporate e-mail accounts and the terminations relying on the collected correspondences, in scope of the right to protection of personal data and freedom of communication.
In the said decision, the Constitutional Court found no violation as to the right to protection of personal data and freedom of communication, since the…
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Introduction
As a sui generis agreement under Turkish law, distribution agreement mainly contains the characteristics of a sales and purchase agreement; however, it also differs from the same since the distributor's role is not limited to simply purchasing the products from the supplier/principal and selling them to customers or end-users. Instead, in a distribution agreement, the distributor is incorporated into the distribution chain of the supplier with having the right…
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Compassionate Use Programs are designed for patients who have a serious or urgent, life-threatening disease whose treatment has been unsuccessful with available medicinal products licensed by the Turkish Medicines and Medical Devices Agency (“Agency”) in Turkey and who cannot be included in the clinical trials on this subject. The Compassionate Use Program aims to provide the drug, which is not licensed in Turkey, but licensed or not in other countries, by the company that…
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Based on statistics of a global research Turkey is among the 15 countries with the longest time of both daily internet usage and social media usage. In 2021 there were 54 million social media users in Turkey; equal to 64 percent of the country's population.
Influencer marketing through social media influencers has achieved giant growth in the advertising sector. Brands, including global and local ones, cooperate with social media influencers to advertising their brands…
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The law amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts ("Internet Law") known as Social Media Law in Turkey and the implementing regulation introduced new provisions and obligations regarding social network providers and their obligations in the second half of 2020.
As per the cited amendments "Social Network Provider" was legally defined as real or legal persons that enable users to create, view…
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On 31 December 2020, the Medicines and Medical Devices Agency published the 2021 list of the products to be supplied through Compassionate Use Programme (Turkish language).
In the published list, products are referred to by the sponsor firm, the firm that supplies the product, required diagnosis, active ingredient of the product and the maximum number of patients to whom the product can be delivered. The updated list can be followed from the website of the Agency.
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On 15 January 2021, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) on the deactivation of Product Tracking System registrations of notified bodies located in the UK following the end of the UK-EU transition period. The registrations were deactivated on the date of the publication of the announcement, although affected medical device companies will have a 60-day period to update the system with valid EC certificates (issued by the…
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