In September 2015 a global medical device company filed a patent infringement action and requested a preliminary injunction against a local company for the immediate prohibition of the production and sale of medical devices on the grounds that the local company was infringing the originator company’s registered patent with its medical devices.
Before filing the action, the patent practice team worked with a European patent attorney and a reputable professor working on medical…
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Plain packaging has become a hot topic in Turkey as controlling the consumption of tobacco has been one of the top priorities of the Turkish government. The government has adopted the 2015-2018 National Programme and Action Plan for Tobacco Control, which stipulates the implementation of necessary provisions related to plain packaging into the relevant legislation.
The Ministry of Health added a provision in relation to standardised packaging to the draft omnibus bill in…
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Introduction
In April 2017 the Supreme Court issued a decision concerning an employee’s dismissal on the grounds of (among other things) recording a conversation with his supervisor ‒ a regional director ‒ without his consent. The Supreme Court reversed the decision of the first-instance labour court and ruled that the termination was lawful based on the fact that the employee had been handling personal business during working hours without authorisation and had secretly…
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1. Which transactions are subject to notification to the Turkish Competition Authority under the Turkish merger regime?
The Communiqué No. 2010/4 on Mergers and Acquisitions Requiring Authorization of the Competition Authority (“Communiqué No. 2010/4”), entered into force on 01 January 2011, sets out the types of mergers and acquisitions that require notification the Turkish Competition Authority (“the TCA”) for permission and legal validity.
Article 5 of Communiqué No.…
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The Regulation on the Determination and Enforcement of Target Investigation, Prosecution or Trial Periods was published in the Official Gazette (30105) on June 23 2017. It was enforced by the Ministry of Justice and will enter into force on September 1 2017.
The regulation sets out the rules and procedures for determining the specific periods in which legal proceedings must be completed, thus ameliorating the judicial process. It applies to investigations, prosecutions and…
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On June 30 2017 the Ministry of Food, Agriculture and Livestock published the Food Codex Energy Drinks Communique 2017/4 in the Official Gazette (30110). The communique introduces significant amendments to the market supply, advertising, labelling and sale of energy drinks.
The communique maintains the same component ratios for energy drinks as the abrogated communique. The supply and advertisement of energy drinks are prohibited in sports facilities, school cafeterias and…
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Turkey is the 75th least corrupt nation out of 176 countries, according to the 2016 Corruption Perception Index published by Transparency International. This index measures perception of corruption in the public sector, and Turkey was placed as the 13th country in the G20. Although the legal landscape in Turkey regarding anti-corruption and anti-bribery has undergone serious changes in the past two decades, and Turkey has shown considerable efforts to comply its local laws…
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1. Is the Turkish legal infrastructure sufficient for anti-counterfeiting?
Yes. Turkey has signed almost all international intellectual property agreements -including TRIPS signed by and between the members of the World Trade Organization which aim to harmonize its legal infrastructure targeting anti-counterfeiting and fighting the illicit trade- and has been acting in compliance with the said agreements.
As of today; the Industrial Property Law No. 6769, the Law No. 5846 on…
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Update: Investigations open on Roche Müstahzarları San. A.Ş. upon 13th Chamber of the Council of State’s annulment of the Competition Board’s decision no. 10-44/785-262.
I. Background
The Competition Board (“the Board”) has had the chance to examine the clauses containing restrictions or prohibitions on exports in contracts for the supply of pharmaceuticals put in place by the supplying firms. The complaint filed by Co-Re-Na Pharmacy Warehouse (“Corena”) contained allegations…
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International Trust Laws and Analysis, Company Laws, Wealth Management & Tax Planning Strategies provides all the legal, tax, and estate-planning intelligence necessary for professional advisers to recommend among financial centers for their high net wealth clients — as well as the tools to establish and operate trusts, companies, and funds in compliance with all applicable rules and regulations. The full text of the trust laws and links to the company laws of 60…
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Un examen juridique de la modernisation de l’Union Douanière UE- Turquie
Des motivations différentes, un objectif commun
L’union douanière (« UD ») adoptée par la décision 1/95 de Conseil d’Association CE-Turquie du 22 Décembre 1995 est la source de droit principale gouvernant le commerce bilatéral entre la Turquie et l’Union Européenne (UE). Elle est l’un des tout premiers exemples d’un accord commercial bilatéral conclu par l’UE avec un Etat non-membre.
L’UD unifie les…
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The Turkish Intellectual and Artistic Works Law No 5846 (the Copyright Law) is the law regulating copyright protection in Turkey. Law 5846 was first enacted in 1951. It has been amended several times in 1995, 2001 and more recently in 2004 to comply with the requirements of international treaties.
Since November 2016, a Draft Law has been prepared amending Law 5846 and the Turkish Ministry of Culture and Tourism has recently published the Draft Law, including the proposed…
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