Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 25 July 2020, the Turkish Medicines and Medical Devices Agency published an update to its announcement titled Precautions to be taken in Clinical Research due to the COVID-19 pandemic (Turkish language) that was originally published on 20 March 2020. The update reflects feedback collected from the industry.
The updated announcement states the following:
Applications to conduct online meetings between research personnel…
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Cummins Inc opposed the registration of the mark GENUINE PARTS on the ground of ‘genuine right ownership’
The District Court ruled that Cummins had genuine rights in the mark due to its registrations in the European Union and the United States
As the applicant and Cummins operated in the same field of business, the application had been filed in bad faith
Background
The principle of ‘genuine right ownership’, which is regulated by Article 6/3 of the Turkish Intellectual…
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The law amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (the “Law No: 5651”) was accepted by the Turkish Grand National Assembly on July 29, 2020 and published in the Official Gazette on 31 July 2020. These amendments, which have been on the agenda for a long time and known as social media regulations, bring fundamental changes.
New provisions have been added to the Law No. 5651. Essentially…
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Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 1 July 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) stating that declarations of conformity for medical devices issued by organisations other than manufacturers have no validity. Declarations of conformity can only be issued by manufacturers.
Products classified under the Turkish Medical Devices Regulation as Class I (non-sterile and non-measuring) products and under the…
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Mediation became mandatory for monetary-related commercial disputes from 1 January 2019, but the practical impact of this change had remained unclear
Based on a recent Court of Appeal decision, it appears that monetary and non-monetary claims can be filed together without going through mandatory mediation
This decision is significant in view of the high number of IP-related cases that include both types of claim
Background
Mediation became mandatory for monetary-related…
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Closures
Certain sectors were temporarily closed, by administrative order, ceasing all business operations. Those businesses that remained open introduced several workplace practices in order to minimise the risk of transmission, in line with their occupational health and safety obligations, which have been heightened in current circumstances.
Governmental facilities granted to employers
The Governmental authorities provided a prohibition on the termination of employment for…
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