Yalçın Umut Talay and Fatma Sevde Tan, Gun + Partners
On 3 April 2019, an amendment (Turkish language) to the Communiqué on the Permit to be obtained by Public Institutions for Imports numbered 2018/2 (Turkish language) was published in the Official Gazette. The Communiqué regulates how public entities obtain a permit from the Ministry of Trade to import goods that are not exempt from customs duty.
The Communiqué establishes three kinds of goods:
· Goods that require…
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Dicle Doğan and Fatma Sevde Tan, Gun + Partners
In a letter dated 2 April 2019 to the World Trade Organization (WTO), the EU’s Permanent Mission to the WTO has requested consultations with the government of Turkey in relation to measures that it has introduced to regulate the production, importation and marketing of pharmaceutical products in Turkey.
In its request, the EU claims that the “competitive opportunities” of pharmaceutical products imported to Turkey are…
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When the Industrial Property Law came into force on 10 January 2017, the introduction of the post grant opposition procedure for national patent applications or the new “satisfying national market’s need” criteria concerning compulsory license due to non-use of the patent appeared to be of the most significance. However, as usual, the devil was hidden in the detail. When we first put the new law into practice, we experienced that other provisions such as the use requirement…
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One of the most important obligations of data controllers under data protection laws is to inform the data subjects concerning data processing activities. Accordingly, the Turkish Law on Protection of Personal Data numbered 6698 (“DPL”) also imposes an obligation on data controllers to provide certain information to data subjects before processing their data. Pursuant to Article 10 of the DPL regulating the information obligation, a data controller must inform the data…
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A discussion whether the freedom of expression is violated by prohibiting the access to a website where a trademark of a third company is used in the domain name was heard before the Turkish Constitutional Court (“the Court”) upon an individual application. In order to understand the ruling of the Court, it is worth looking at the history of the dispute.
Using a trademark of a reputable cargo company “yurtiçikargo” in a domain name as “yurticikargomagdurları.com”, having the…
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FICPI – TURKEY Board of Directors decided as the subject of this year’s seminar amendments to the trademark and patent registration procedures by the IP Code and their implementation. The seminar was held in İstanbul on October 26, 2018 and there were around 75 participants in addition to the speakers and FICPI – TURKEY members.
At the first session on patents, the speakers discussed amendments on the provisions as to compulsory licenses and proof of use; and at the second…
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