On 30 October 2023, the Turkish Medicines and Medical Devices Agency (Agency) published an announcement (Turkish language) regarding products that are not considered within the definition of medical device or the scope of the legal framework. The Agency stated that, while some products which were considered medical devices or in vitro diagnostic devices under the legislation repealed by the EU Regulations 2017/745 and 2017/746 are excluded from the scope of the medical device…
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Filing patent invalidation actions for tactical purposes such as jeopardising patent infringement actions of patent owners and gaining time by complicating the infringement proceedings has become a common strategy of infringers in recent years. This strategy may cause the patent owner to suffer due to the inability to use its patent properly during the limited protection period of 20 years, even if the invalidity claims do not have a solid basis and they are filed on a ‘try…
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With the Presidential Decree numbered 7887 and published in the Official Gazette dated 25 November 2023 and numbered 32380, it has been decided to increase the minimum capital amount for joint stock and limited liability companies by 5 times.
According to this regulation, as of 1 January 2024, the new minimum capital amounts will be as follows:
Minimum Capital Amount According to the Previous Legislation
Minimum Capital Amount According to the New…
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There are questions concerning whether a trade name or business name can constitute trademark infringement and unfair competition, particularly in cases where the trade name is not used as a trademark. This criticism has been disputed under both the Decree Law No. 556 Pertaining to Protection of Trademarks and the Industrial Property Code (“IP Code”)[1]. The Courts has made numerous decisions regarding this topic.
The issue was discussed in the decision dated 08 February…
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Article 4 of Code No. 4054 on the Protection of Competition ("Code") prohibits agreements, concerted practices, and decisions that restrict competition. The Regulation on Active Cooperation for Detecting Cartels ("Existing Regulation") published in the Official Gazette dated 15.02.2009 and numbered 21142 has been in force for more than 14 years to reveal cartels, which are considered the most serious competition violations in competition law, involving agreements and/or…
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The Law No. 7464 on the Renting of Residential Places for Tourism Purposes and Amendments to Certain Laws (the "Law") was published in the Official Gazette on November 2, 2023. The Law regulates in detail the conditions for renting residential places up to 100 days and the obligations of those who rent their premises for short terms for tourism purposes. The relevant provisions of the Law will come into force on January 1, 2024.
Considering that short-term rental activities…
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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 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 numbered…
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In recent legal debates, the patentability of AI-generated inventions has been contentious. Historically, only humans have been considered inventors, anchored in notions of personhood and intellect. Yet, in a bold move, South Africa and Australia’s Federal Court recognized AI, specifically DABUS, as a potential inventor in 2021, defying conventional views. Proponents argue that this accommodates modern innovation trends, while sceptics raise concerns about ownership rights…
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Introduction
Given the complex, competitive and contested course of commercial life, the odds are most businesses will face, at one stage or another, a commercial dispute raised by a business partner (eg, a customer, distributor or supplier etc,). Some of these disputes can be resolved peacefully and amicably, but others may escalate to the court level. The latter can be particularly difficult to manage for global companies operating in multiple states, as cross border claims…
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The Communiqué on the Procedures and Principles Regarding Implementation of Article 376 of the Turkish Commercial Code No. 6102 ("Implementation Communiqué") was amended on December 26, 2020, and it was regulated that certain loss items will not be considered in the calculations made in terms of capital loss or negative equity until January 1, 2023.
Although the Ministry of Trade indicated in its statements on various occasions that this exception was introduced as a…
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Article 26 of the Industrial Property Code, which grants the PTO the authority to revoke trademarks, will come into force on 10 January 2024
The PTO has recently released a draft regulation for comment
The draft regulation includes procedural details on how revocation requests will be made before the PTO
Background
The Industrial Property Code No 6769 (IP Code), which entered into force on 10 January 2017, provides that the Turkish Patent and Trademark Office (PTO) has…
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This article discusses the alternative dispute resolution mechanism for ".tr" domain names in Türkiye. It highlights the efficiency of the alternative dispute resolution mechanism and addresses some concerns over the transparency of proceedings.
TRABIS (".tr" Network Information System), established by the Turkish Information and Communication Technologies Authority ("BTK"), became operational on September 14, 2022 and undertook the management of ".tr" domain names. Upon…
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