We share our knowledge and expertise to update our community and clients about legal developments in Turkey.
Pharmaceutical Advertising 2018 in Turkey
General – Medicinal Products 1.1 What laws and codes of practice govern the advertising of medicinal products in your jurisdiction? In Turkey, advertising of medicines is governed by the Pharmaceutical and Medical Preparation Law No. 1262 (the Law No. 1262) and the Regulation on Promotional Activities of Medicinal Products for Human Use (the Promotion Regulation), which is based on the former. The Promotion Regulation is published on July 3, 2015 by replacing the… »
Procedural Changes in Labour Cases
The Labour Courts Act 7036, which came into effect on 25 October 2017, introduced a number of changes (eg, mandatory mediation) and amended the appeal procedure for labour disputes. Previously, parties were entitled to appeal labour court decisions within eight days from the final decision being issued. However, the eight-day appeal period was criticised by scholars for not being in line with the Procedural Code, under which the appeal period starts from the service of the… »
In-vehicle emergency call systems in Turkey
In-vehicle emergency call systems, which have been in use for a long time, are defined as systems within vehicles activated either automatically or manually that establish a connection with 112 emergency call centers in cases of an emergency. Legislation regulating in-vehicle emergency call systems has been on the agenda of the European Union since 2007. The Regulation 2015/718 Concerning Type-Approval Requirements for the Deployment of the e-Call in-Vehicle System Based on… »
Life Sciences Newsletter, May 2018
Deadline for requesting accumulated receivables from State University Hospitals is extended Dicle Doğan, Gun + Partners On 18 May 2018, the amendment (Turkish language) made on the “Law on the payment by the Ministry of Finance of accumulated unpaid debts to medical device companies arising from the purchase of drugs and medical devices by state university hospitals”, was published in the Official Gazette numbered 30425. The scope of the payment model covers the debts that… »
Declaration of Use under New IP Law: Consequences and Timelines
The new IP Law has abolished the Patent Decree-Law provisions regarding the use requirement of patents and evidence of use. Instead, the new law refers to the use requirement within the compulsory licence provision, stating that non-use of a patent could allow a third party to demand a compulsory licence over that patent. Consequences of failure to file declarationAs the IP Law does not have clear provisions requiring the patent owner to file a declaration of use or non-use… »
Taklit Ürünlerle Mücadelede Yeni Gelişme
Anti-counterfeiting 2018 in Turkey
Turkey is a party to most international IP-related treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), which aims to harmonise the legal framework for anti-counterfeiting and anti-piracy. Turkey’s new IP Code entered into force on January 10 2017 upon its publication in the Official Gazette. The new law amends decree-laws pertaining to the protection of trademarks, patents, geographical indications and industrial designs… »
Procedures and Strategies for Anti-Counterfeiting in Turkey
The availability of preventive measures at Customs is vital in the fight against counterfeiting. In light of this, the Customs Code and the relevant customs regulations have been amended in line with TRIPs. Legal frameworkTurkey is a party to most international IP-related treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), which aims to harmonise the legal framework for anti-counterfeiting and anti-piracy. Turkey’s new IP Code… »
District Court Confirms Regulatory Data Protection is an IP Right
Regulatory data protection has been a contentious issue since it was introduced into Turkish law via the Ministry of Health Licensing Regulation. The most problematic areas are: the implementation of regulatory data protection as market exclusivity, despite contradictory wording in the Licensing Regulation; and limiting the regulatory data protection right to within the patent term. When this issue comes before IP courts in cases of unfair use of data by third parties… »
First Damages Claim Decision in Pharma Sector for Unjust Preliminary Injunction
The Istanbul IP Court has recently decided on a generic company’s damages claim based on an unjust preliminary injunction, in what appears to be the first decision of its kind by Turkish IP courts within the pharmaceutical sector. The parties can appeal the decision before the district court, as well as the court of appeal, after the proceedings. FactsThe dispute between an originator firm and a generic firm derived from an infringement claim. The court had issued a… »
Constitutional Court Issues Decision on Reasonable Time Requirement in Criminal Proceedings
Introduction Since 2012, individuals in Turkey have been able to make individual complaint applications to the Constitutional Court claiming that the state has violated their fundamental constitutional rights (or rights under the European Human Rights Convention) through its acts or omissions. One of the most common claims is that the state has violated an individual’s right to a fair trial by failing to meet the reasonable time requirement and concluding criminal cases over… »
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