The Regulation on the Cultivation and Control of Cannabis for the Production of Active Pharmaceutical Ingredients ("Regulation") prepared by the Ministry of Agriculture and Forestry (“Ministry”) was published and came into force upon being published in the Official Gazette numbered 32661 dated 13 September, 2024. The Regulation includes provisions on the control, harvesting, evaluation, processing, disposal, display, export and/or purchase/sale of cannabis cultivation for the…
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All kinds of manufacturing, marketing, and after-sales activities of medical devices are highly regulated in Turkey. The main framework for ensuring safety and compliance with the technical specifications is governed by the Law on Product Safety and Technical Specifications No. 7,223, which is an umbrella legislation covering all products intended to be placed on the market, supplied, or placed on the Turkish market.
Further to above, general rules and principles of medical…
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Güldeniz Doğan Alkan and Dilan Sıla Kayalıca of Gün + Partners consider the Turkish Court of Cassation’s two recent decisions, underlining the significance of “vested rights” in the Turkish trademark law.
The concept of “vested rights” is notable in the Turkish trademark law, as it serves as a strong defense against potential refusal of a later mark because of the likelihood of confusion it may create against an earlier one.
In its two recent decisions related to the court…
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The transfer of pharmaceutical marketing authorizations (“MA”) entails intricate and interconnected procedures. Especially when it comes to imported pharmaceuticals, comprehensive contracts control the process when the foreign licensor company gives a license to a distributor in Türkiye and the products are offered for sale in the Turkish market. Before the MA transfer application is submitted to the Turkish Medicines and Medical Devices Agency (“Agency”), the license…
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One of the most important temporary protection measures regulated by Turkish law is the determination of evidence. The implementation of determination of evidence, which is regulated in Articles 400 et seq. of the Code of Civil Procedure No. 6100 and is subject to simple legal procedure, may be requested for the purpose of making a discovery, obtaining an expert examination or taking witness statements in order to determine facts that have yet to be examined in a pending…
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Turkish Constitutional Court (“Court”) annulled the paragraph 12 of Article 77 of the Consumer Protection Law, which granted the Advertisement Board (“Board”) the power to partially or entirely block access to websites containing unlawful advertising content. The relevant rule was considered to be unconstitutional pursuant to the Court’s decision dated 13 September 2023 and numbered 2022/70 E. - 2023/152 K. which was published on the Official Gazette dated 27 October 2023 and…
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