The COVID-19 pandemic has driven mankind to question sufficiency and sustainability of business models, social and moral norms, and Law-practices, which cannot be separated from society and its needs. Due to the ongoing pandemic basic need of survival and the need to access the means such as ventilation machines, masks, goggles and most importantly pharmaceuticals, is at its climax, as well as the need for an invention is at its most.
Everyone agrees that an invention will…
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A global legal compendium of the laws related to privacy law and data protection relating to advertising and marketing in 70 countries around the globe. Written by members of the Global Advertising Lawyers Alliance (GALA) a network of the leading advertising lawyers in the world.
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During Covid-19 outbreak some businesses exorbitantly increased the prices of masks, disinfectants, colognes, wet wipes and foodstuff in contrast with the normal functioning of the market. This caused these entities taking unfair advantage because of the negative impact of the coronavirus on consumers and this exorbitant increase of prices started negatively affecting the usual purchasing behavior of the consumers.
Unfair Price Assessment Board has recently been established…
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We are in new era with the affect of Covid 19 and we feel it all over the world. Incentives and aid packages offered in efforts to reduce the negative impact of the crisis on countrys’ economies during this period, many ideas are proposed to provide smooth return to normal life and revive the economy as soon as possible. Issuance of immunity certificates has been on the agenda of some countries to certify persons deemed safe to return to normal life.
In this respect, it is…
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The initiative for the foundation of the FICPI Turkish section was started in 2012 by a handful of Turkish practitioners, who were individual members of FICPI. The aim of founding the National Section was to be more active within FICPI as Turkish members and to help shape the IP system in our country by keeping abreast of the developments in the world.
With the support of President of FICPI at that time, Mr Bastiaan Koester, the FICPI Bureau and the FICPI officers, various…
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The Trademark Office has recently changed its practice in opposition proceedings with regard to national designations of IRs
The office has started to notify IR owners via WIPO when an opposition is filed against their designations in Turkey
The difference in treatment between IR designations and national applications had been widely criticised
The Turkish Patent and Trademark Office has recently changed its practice in opposition proceedings with regard to national…
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In December 2019, the Court of Appeal issued two decisions in which the nature of consumers has been scrutinized while assessing likelihood of confusion between pharmaceutical trade marks.
Infantum v Infanta
A trade mark application INFANTUM was filed before the Turkish Patent and Trademark Office (the Office) covering goods in classes 3 and 5, against which an opposition was filed based on the prior registered trade mark INFANTA covering the same classes.The opposition was…
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Introduction
The fair and swift resolution of consumer disputes serves the interests of not only the consumers, but also the businesses involved. Consumers purchase more when they are confident that they will be treated fairly in a potential dispute. Businesses, on the other hand, become economically inoperable and unviable following systematic violations against consumers and the rapid and fair enforcement of consumer rights. In short, all market players are better off in an…
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Commercial Dispute Resolution under Turkish Law: Rules, Developments and Insights
Turkish civil litigation is a unique system where the concepts and practices of civil law meet with the ones originating from Turkish law. Along with the classical and common judiciary concepts and practices among civil law systems, Turkish law envisages a sui generis concept called “enforcement proceedings without judgment”. This frequently-resorted type of enforcement action is native to…
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While the world and Turkey are dealing with coronavirus pandemic, demand for protective masks, sanitizer, cleaning products and foodstuff significantly increased. Some manufacturers, suppliers and retail businesses exorbitantly and inequitably increased prices of those products which are intensively demanded by the consumers during this outbreak.
The Advertisement Board, recently in March 2020, imposed administrative monetary fine corresponding to TRL 10.090.060…
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Within the scope of the fight against the spread of Covid-19, provisional article 13 was added to the Turkish Commercial Code (“TCC”) with the Law numbered 7244 adopted on 16 April 2020. The said provisional article brought certain restrictions on dividend distribution rights of the equity companies until 30 September 2020 and it was further regulated that the companies exempt from these restrictions and the procedures and principles regarding the application thereof would be…
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In principle, a court order rendered in a country has its legal effects and consequences only within the same country. For a foreign court decision to create legal effects and consequences in Turkey, this decision needs to be legally recognised and enforced by Turkish courts. The regulations regarding the recognition and/or enforcement of foreign court decisions are stipulated between Article 50 and 59 of the International Private and Civil Procedure Code (IPCPC) numbered…
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