Until recently, the Council of State of Turkey had an unsettled practice regarding the appealability of decisions by intervening parties where the principal party does not appeal a decision. Indeed, certain chambers of the Council of State allowed intervening parties to appeal decisions regardless of the principal party's choice, whereas the other chambers restricted the intervening parties' right to appeal with the principal party's appeal.
Lately, a unification of decisions…
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Begüm Yavuzdoğan Okumuş has contributed to Data Guidance Turkey - Data Transfers, which is published by OneTrust.
OneTrus Data Guidance Turkey - Data Transfers provides an overview of the legal framework governing personal data protection in Turkey, focusing on legislation, case law, definitions, scope of application, and restrictions on data transfer.
The document highlights the evolving regulatory landscape in Turkey, emphasizing the importance of compliance with data…
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On 23 July 2023, Presidential Decree numbered 7399 (Turkish language), amending the Decision on Pricing of Medicinal Products for Human Use (Decision), was published in the Official Gazette numbered 32257.
Accordingly, the EUR1 value in Turkish Lira, to be used in the pricing of medicinal products for human use (formerly TRY10.7577) was increased by 30.5% and set as TRY14.0387. If the rate of increase in the product-specific price is higher than the rate of increase in the…
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In recent years, the rapid spread of digital transformation, defined as the transformation of business processes, customer relationships and operations of undertakings with digital technologies, driven by the technological advancements, has led to changes in the ways of doing business. During this transformation process, the use of digital technologies, especially information and communication technologies, is increased compared to traditional methods. As Undertakings aim to…
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On 23 July 2023, the Presidential Decree numbered 6932 on the Amendment of the Decision on Pricing of Medicinal Products for Human Use ("Decision") was published in the Official Gazette numbered 32257.
With the provisional articles added to the Decision:
It has been arranged that the euro value in Turkish Lira to be used in the pricing of medicinal products for human use was increased by 30.5% to 14.0387 TRY in July 2023. While applying this increase, it is stated that the…
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On 19 July 2023, the Medicines and Medical Devices Agency published Guidelines for withdrawal and recall of medical devices and in vitro diagnostic devices (Turkish language) on its official website.
The Guidelines regulate the procedures to be implemented to prevent unsafe and non-conforming medical devices from being placed on the market and the responsibilities of the relevant parties pursuant to Law No 7223 on Product Safety and Technical Regulations. In this regard, the…
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According to Article 6/6 of the Turkish Industrial Property Code, “An application for registration of a trademark shall be refused upon the opposition of the right holder if it consists of a person’s name, trade name, photography, copyright or any other intellectual property right of another.” Based on this provision, it is possible to oppose an application relying upon the opponent’s other intellectual property rights ownership.
On December 20 2022, the Re-Examination and…
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On 27 May 2023, the Regulation Amending the Regulation on Licensing of Human Medicinal Products (Turkish language) (Regulation) was published in the Official Gazette numbered 32203.
With the amended provisions, a new reason for the suspension of the licence has been introduced in connection with licence transfer applications. To avoid suspension, licence holders must submit documentation showing that the production site complies with the Good Manufacturing Practice Guidelines…
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On 26 May 2023, the Turkish Medicines and Medical Devices Agency (Agency) published the Regulation on Technical Services for Medical Devices Used for Provision of Healthcare Services (Turkish language) (Regulation) in the Official Gazette numbered 32202.
The Regulation has been prepared by the Agency to regulate the qualifications, authorisation, supervision and training of technical services that will support activities such as installation, updates, upgrades, modification…
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The Personal Data Protection Board ("Board"), through its decision dated 06.07.2023 and numbered 2023/1154 published in the Official Gazette dated 25.07.2023 and numbered 32259, has decided to increase the monetary threshold regarding the total annual financial balance sheet from TRY 25 million to TRY 100 million as one of the criteria for exemption from Obligation to Register with the Data Controllers' Registry (“VERBIS”).
According to the Board's decision dated 19.07.2018…
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A company based in the US opposed an application for goods and services in Classes 25 and 35 based on an earlier mark in Classes 9, 35 and 41
The PTO found that the physical goods/services covered by the application were similar to the virtual and online goods/services covered by the opponent’s mark
The similarity of virtual and physical goods/services has recently been a hot topic across the world
In a decision issued on 31 March 2023 (which was subsequently finalised)…
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