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Life Sciences Newsletter, March 2018

Advertising ban on contact lenses Dicle Doğan and Nehir Aydeniz, Gün+Partners The Turkish Medicines and Medical Devices Agency has announced that contact lenses are considered to be medical devices that cannot be advertised to the public. The Regulation on the Sales, Advertisement, and Promotion of Medical Devices dated 15 May 2014 states that advertising a medical device to the public is prohibited if that medical device has to be exclusively used or applied by a healthcare… »

Proposed Amendments to Automatic Enrolment in Private Pension Plan System

The Amendment Act of August 25 2016 introduced into Turkish law the automatic enrolment of employees in private pension plans. As a result, employees under the age of 45 must be enrolled in a private pension plan as part of a pension agreement between their employer and a pension company. These provisions entered into force on January 1 2017, but the regulation is being applied gradually depending on how many employees a company has. To date, employees of companies with at… »

Roundtable Meeting Report on “Invalidation of an EP by the National Court While the Opposition Procedures Continue Before the EPO”

FICPI-Turkey held its first roundtable meeting on the possibility of protecting a validated European Patent in Turkey (after being limited or amended by the EPO during the opposition process) where the EP case is invalidated by the national court prior to the conclusion of the opposition.The Board of Directors of FICPI-Turkey chose the above subject as the topic for the opening roundtable meeting in order to canvas fair solutions to the problem, in line with the legislation… »

Doors Now Open for ISTAC Arbitration in Public Procurement Agreement Disputes

Updates -

Arbitration analysis: Pelin Baysal and Bilge Kağan Çevik of Turkish law firm Gün + Partners discuss the availability of Istanbul Arbitration Centre (ISTAC) arbitration for the resolution of public procure-ment agreement disputes following a policy change instigated by the Turkish government.  ISTAC was established in the third quarter of 2015 as an independent and autonomous international arbitra-tion centre for resolving national and international commercial transactions in… »

Turkey’s Corruption Perceptions Index Ranking Falls Again

Updates -

Introduction On February 21 2018 Transparency International published the 2017 Corruption Perceptions Index, which reflects the public sector corruption perspective of non-governmental organisations and representatives of the business world on a scale from 0 (highly corrupt) to 100 (very clean).(1) New Zealand and Denmark ranked the highest, with respective scores of 89 and 88. Notably, since 2012, several countries have significantly improved their index score – including… »

Invalidity Attack Blocks Precautionary Injunction Demand

The Istanbul IP Court recently rejected a crucial precautionary injunction demand of a patent owner on the grounds that the demand required a full trial due to the pending invalidation action against the patent. The patent discloses the use of an active pharmaceutical ingredient for treating the conditions of a disease. In light of the drug’s summary of product characteristics, the literal infringement of the patent was inevitable and obvious. The main defence held that the… »

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