Update: “The IP Code” in Turkey
Turkey abolished the current IP related decree-laws, and the Industrial Property Code No. 6769 (“the IP Code”) entered into force on January 10, 2017. Ugur Aktekin and Güldeniz Dogan Alkan, Gün + Partners, Istanbul, review the Turkish law update.
In the middle of 1990s, Turkey had to adapt its national regulations related to IP rights with EU legislations in order to become a member of the Customs Union; Turkey rapidly enacted IP related…
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The withdrawal of an action allows the withdrawing party to re-file the same action. However, if a party waives an action, it also waives all of its rights to file the same action.
The action in the case at hand was filed for a declaration of non-infringement of a patent. The Istanbul 3rd Civil Court of Intellectual and Industrial Property (the 3rd IP Court) granted a decision in favour of the plaintiff, and held that the plaintiff’s formulation did not infringe the…
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A Legal Review on the Modernisation of Customs Union between Turkey and the EU
Different Driving Forces, One Goal
Overview:
The customs union (“the CU”), adopted by the Decision 1/95 of The EC-Turkey Association Council of 22 December 1995 is the main legal source covering the bilateral trade between Turkey and the EU. It is one of the first examples of a trade agreement made by the EU with a non-member state.
As expressed by both EU and Turkey representatives, CU is not an…
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In a recent action before the Ankara Second IP Court (Merits No 2015/414 E, 2016/283 K), the applicant had requested the cancellation of four decisions rendered by the Turkish Patent and Trademark Office’s Re- Examination and Evaluation Board rejecting the registration of four trademark applications for the figurative marks PRIVAT KAFFEE, depicted below:
The applications had been opposed by a third party based on their confusing similarity with the word mark
PRIVAT and the…
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As Turkey is a member of EPC, any provision of the EPC has the power of national law and can be directly applicable for European patents validated in Turkey. However as is well known, the EPC does not have many provisions binding the national courts. One of them is Article 138/3 which gives the European patent owner the right to limit the patent in the event of an invalidation action and orders the national court to take the limited version of the patent as the basis of…
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New decree on medicines pricing published
Dicle Doğan and Bentley James Yaffe, Gun + Partners The new Decree on the Pricing of Pharmaceutical Products for Human Use was published in the Official Gazette on 24 February 2017 and came into effect on the same day. The new decree abolishes the former pricing decree dated 15 June 2015. In Turkey the reference price system is applied to determine pharmaceutical prices. The ex-factory price in Turkey is determined by taking into…
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