The Ankara Third Civil Court of Intellectual and Industrial Property Rights recently ruled on the confusing similarity between the well-known trademark 8X4 and the trademark FASHION 4X4. The court cancelled the decision issued by the Turkish Patent Institute (TPI), which concluded that the trademarks 8X4 and FASHION 4X4 were not confusingly similar under Article 8/1(b) of Decree-Law 556 on the Protection of Trademarks.
FactsA company operating in the cosmetics sector applied…
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While the world has already discussed, debated and come to a conclusion by adopting different measures and amendments regarding the right to be forgotten, Turkey has also taken some firm steps forward with the decisions of the Court of Appeals in the way of establishing the right to be forgotten. The evaluation of the right to be forgotten in light of the fundamental rights has never been done before, until March 03, when the Constitutional Court of Turkey ruled to a parallel…
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As the fifteenth largest economy in the world and with a population of 80 million, Turkey presents an exciting opportunity for investment and development in the area of healthcare. In addition to a growing population which is covered by an extensive social healthcare system, Turkey has implemented a policy in recent years to capitalize on its reputation as a regional hub for healthcare tourism. However, despite the financial opportunities that are associated with the Turkish…
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Law On Improvement Of The Investment Environment
The Law Amending Certain Laws for Improvement of the Investment Environment (Amendment Law) was accepted by the Turkish Parliament on July 15 2016 and entered into force on August 9 2016. The Amendment Law, which was accepted by the Turkish Parliament just hours before the failed coup attempt is significant in the sense that it shows that the government started to focus on developing the economy before its focus shifted again…
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Large inventor companies that rightfully obtain patents for their inventions often face a number of invalidation actions. Alternatively, the threat of infringement may be such as to require the patent holder to file infringement actions against companies whose products may infringe its patent. The two occasionally come together, with the allegedly infringing generic company filing an invalidation action against the patent holder in response to an infringement action; commonly…
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Pre-conditions for distribution
1. What are the legal pre-conditions for a drug to be distributed within the jurisdiction?
Authorisation
Under the Regulation on Licensing of Medicinal Products for Human Use (Licensing Regulation) (Official Gazette No. 25705 of 19 January 2005), no medicinal product for human use can be marketed unless it is licensed in Turkey. The licence is issued by the Turkish Medicines and Medical Devices Agency (Agency) of the Turkish Ministry of…
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The draft Industrial Property Law in Turkey was passed by the main and sub commissions of the Science, Industry and Technology Ministry with minor amendments on May 5 2016. As shared in the issue of May 25 2016, one of the most debated issues was the international exhaustion principle, accepted for any kind of IP rights.
Another much debated issue of the draft law is about compulsory licensing provisions in the patent part of the draft law.
The Patent Decree Law in force also…
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Introduction
On July 15 2016 Parliament enacted an omnibus bill which amended several laws. The Law on the Amendment of Some Laws to Improve the Investment Environment focuses on:
reducing costs in relation to the investment environment;
eliminating the legal differences in relation to R&D incentives;
harmonising practices among financial institutions;
encouraging foreign investment; and
reducing the costs of establishing companies and opening branches.
Conversely, the…
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Turkey is a party to most major international treaties relating to intellectual property, including the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Paris Convention for the Protection of Industrial Property. Turkey is also a member of international organisations such as the World Trade Organisation that have a connection with intellectual property.
Legislative framework and causes of action
Turkey is a party to most major international treaties…
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Introduction
White collar crimes – such as bribery, corruption and fraud – have been and continue to be a major concern for businesses of all sizes, regardless of the industry in which they engage. Internal corporate investigations are key to combating white collar crime. They aim to determine whether a company and its employees have been involved in bribery, money laundering, fraud or embezzlement. Internal investigations not only serve to determine crimes committed, but are…
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I. INTRODUCTION
The use of arbitration as an ADR method in Turkey is on the rise, especially for international disputes. There is also a growing demand for the use of domestic arbitration; however, domestic parties mostly prefer court litigation for cultural and financial reasons and because of the way the court and arbitration system is structured in Turkey.
The establishment of the Istanbul Arbitration Centre (ISTAC), which aims to attract not only disputes involving…
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Stamp tax in Turkey is only applicable to transactions that take place in within Turkish borders. In transactions where the deal volume is high, stamp tax can often be a hindrance since it can be a real burden on the parties. Stamp tax is regulated by the Stamp Tax Code (Numbered 488) and applies to a wide range of papers such as agreements, surety, guarantee and pledge documents, settlement letters or bills of lading. The term “paper” within the scope of Stamp Tax Code means…
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