When investing in the Turkish market investors should consider the legal procedures for terminating their business activities in advance, should a clean exit be required. A straightforward winding-up procedure will take at least a year.
If the company’s assets do not cover the debts, the shareholders and the managers will be personally liable from their own assets. The Tax Procedure Law introduces an aggravated liability regime for LLC shareholders and holds them liable in…
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The director of the Turkish Patent Institute recently gave a speech on the draft Patent Law, which amends certain clauses of the existing Patent Decree-Law. He stated that the aim of the draft patent law is to enable Turkey to develop its own pharmaceutical patents, to reduce dependence on imports and to harmonise national law with international agreements.
While the draft Patent Law is still pending on Parliament’s agenda, the Constitutional Court recently handed down a…
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1 General – Medicinal Products
1.1 What laws and codes of practice govern the advertising of medicinal products in Turkey?
In Turkey, advertising of medicines is governed by the Pharmaceutical and Medical Preparation Law No. 1262 (the Law No. 1262) and the Regulation on Promotional Activities of Medicinal Products for Human Use (the Promotion Regulation), which is based on the former.
The Promotion Regulation was published on August 26, 2011, came into effect on December 31…
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General Assembly of the Civil Chambers of the Court of Appeal, 2013/11-1138, 2014/6 The Court ruled that website operators will be held liable where the seller whose products are sold through the operator’s website infringes another party’s trade mark. Analysis of the Recent Decision of Turkish Court of Appeal There are no specific regulations governing the liability of online website sale operators in case the primary seller whose products are sold through the online sale…
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On June 22 2004 Turkey implemented the Bolar exemption by adding Article 75/1(f) to the Patent Decree-Law (551). Accordingly, regulatory acts such as obtaining marketing authorisation and conducting experiments and tests necessary to obtain marketing authorisations are exempt from the scope of patent rights.
The purpose of the Bolar exemption should treated carefully in order to protect the delicate balance between the parties’ legitimate interests. The patent protection term…
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On November 26 2014 a new autonomous administrative body to manage the Turkish healthcare industry was established under Law 6569 on the Establishment of the Presidency of Turkish Healthcare Institutes and the Amendment of Other Codes and Decree Laws, published in the Official Gazette.
Presidency of Turkish Healthcare Institutes
The Presidency of Turkish Healthcare Institutes aims to provide services in the healthcare science and technology sectors for the benefit of public…
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The Re-examination and Evaluation Board (REEB) of the Turkish Patent Institute (TPI) recently found that prior identical trademark registrations which were less than five years old did not provide the owner with vested rights in favour of a new application, as the registrations were still vulnerable to cancellation (Decision 2015-M-11090, November 26 2015). The REEB accepted the opponent’s appeal and rejected the contested trademark application.
Facts
On June 28 2013 the…
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Owing to its geo-political importance Turkey has long been a popular recipient of foreign-direct investment (FDI). 2014 has seen FDI rise significantly with an increase of 9.8% compared to 2013. Foreign investments also reached USD 8.6 billion according to data released by the Ministry of Economy.
Between January and July 2014, some 2373 new companies and branch offices were established and an additional 94 foreign capital participations to existing local companies were also…
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Electoral advertising in Turkey is possible under certain conditions stipulated by law. The principal law which regulates the principles of elections in Turkey is the Law on Basic Provisions on Elections and Voters Registers (“Election Law”).
According to Article 55/B of the Election Law, the political parties and independent candidates can make propagandas by oral, written or visual advertisements oriented to the voting period in printed media or by way of opening websites…
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The draft patent law amending the Decree Law numbered 551 Pertaining to the Protection of the Patent Rights (“Patent Decree Law”) is currently the hot button of patent rights in Turkey.
Since Turkey adhered to the European Patent Convention (“EPC”) in 2000, there is a bifurcated system differing for both national and European patents validated in Turkey. In order to harmonize the procedures and eliminate the differences, a draft patent law amending the Patent Decree Law…
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Turkey has been a member of European Patent Convention (“EPC”) since 1 November 2000. European Patents, granted by European Patent Office, are validated in Turkey without further examination and protected as a national patent.
The competence of EPO in patentability assessment is also respected by Turkish Supreme Court and it has been the case law to take the patentability assessment of the EPO into consideration during national invalidation cases, not only related to European…
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Introduction
On June 19 2015 the 15th Chamber of the Council of State stayed the execution of the Directive on the Working Principles and Rules of Procedure of the Reimbursement Commission (July 3 2014). However, the Social Security Institute had already repealed the directive approximately two months before the motion to stay its execution was granted and a new directive containing the repealed provisions in their entirety entered into force on April 30 2015.
Accordingly…
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