Insights
IP Rights in Türkiye: Overview
Patents Requirements to Obtain a Patent 1. Provide a brief definition of a patent, the key legal requirements to obtain it and the law that applies. Conditions for a Patent A patent is an industrial property right that gives the patent owner the right to prevent third parties from certain activities such as producing, using, selling, or importing the product or process that is the subject of the invention for a 20-year period. The applicant must prove the following to obtain… »
IP in Business Transactions 2024 in Turkey
IP Assignment Assignment Basis and Formalities 1. On what basis can the main IPRs be assigned? What formalities apply? Patents Basis for patent assignment. Under the Intellectual Property Law No. 6769 (IP Law), a patent can be assigned in whole. A patent cannot be assigned in part. Formalities for patent assignment. Under the IP Law, a patent assignment must be in writing and signed by both parties and notarised before a notary public. Registration of a patent assignment with… »
Update on the Medical Devices Regulations in Turkey
All kinds of manufacturing, marketing, and after-sales activities of medical devices are highly regulated in Turkey. The main framework for ensuring safety and compliance with the technical specifications is governed by the Law on Product Safety and Technical Specifications No. 7,223, which is an umbrella legislation covering all products intended to be placed on the market, supplied, or placed on the Turkish market. Further to above, general rules and principles of medical… »
Riddle of Applicable Application Fee in Enforcing Foreign Judgments
Under Turkish law, the rules governing the collection of trial fees are regulated by the Law of Fees No. 492 (Law no. 492) and the applicable fees are under Tariff 1 of the Law no. 492. Article 4 of Law no. 492 also explicitly refers to Tariff 1 in terms of the fees applicable in the actions for enforcement of foreign judgments stating that the applicable fee will be determined according to the value, type and nature of the verdict. The general rule under Tariff 1 is when the… »
Advertisement Board is Again Able to Block Access
Turkish Constitutional Court (“Court”) annulled the paragraph 12 of Article 77 of the Consumer Protection Law, which granted the Advertisement Board (“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… »
The Turkish Court of Cassation Reminds of the Significance of “Vested Rights” in Two Recent Decisions: Frigo V Frico
Güldeniz Doğan Alkan and Dilan Sıla Kayalıca of Gün + Partners consider the Turkish Court of Cassation’s two recent decisions, underlining the significance of “vested rights” in the Turkish trademark law. The concept of “vested rights” is notable in the Turkish trademark law, as it serves as a strong defense against potential refusal of a later mark because of the likelihood of confusion it may create against an earlier one. In its two recent decisions related to the court… »
Turkish Court of Cassation Issues Landmark Ruling on “cancellation” of WIPOpanel Decisions
In a case involving a registrant whose domain name was transferred to a complainant by a WIPO panel at the end of UDRPproceedings, the Turkish Court of Cassation has clarified that it is not possible to request “cancellation” of WIPO panel decisionsrendered pursuant to the UDRP. Background The plaintiff (registrant in the UDRP proceedings) registered the gTLD ‘donerstop.com’ on 6 June 2014. The defendant (complainantin the UDRP proceedings) applied to register the trademark… »
Court of Cassation Expands on Similarity Assessment for Short, Number Marks
The 11th Civil Chamber of the Court of Cassation (CoC) has ruled that there is a likelihood of confusion between the trademarks N11 and OTEL 11 (15 February 2024, 2023/3633 E (Merits), 2024/1117 K). Background The applicant filed a trademark application for OTEL 11 in Class 43. The opponent, one of the largest online shopping websites in Türkiye, requested refusal of the application on the following basis: OTEL 11 created a likelihood of confusion with its earlier… »
Guideline on Circumstances Requiring Reissue of a Marketing Authorization For a Licensed Pharmaceutical
The transfer of pharmaceutical marketing authorizations (“MA”) entails intricate and interconnected procedures. Especially when it comes to imported pharmaceuticals, comprehensive contracts control the process when the foreign licensor company gives a license to a distributor in Türkiye and the products are offered for sale in the Turkish market. Before the MA transfer application is submitted to the Turkish Medicines and Medical Devices Agency (“Agency”), the license… »
Implementation of Discovery of Evidence in Patent Law
One of the most important temporary protection measures regulated by Turkish law is the determination of evidence. The implementation of determination of evidence, which is regulated in Articles 400 et seq. of the Code of Civil Procedure No. 6100 and is subject to simple legal procedure, may be requested for the purpose of making a discovery, obtaining an expert examination or taking witness statements in order to determine facts that have yet to be examined in a pending… »
Court of Cassation Decision Shows Importance of Trademark Use to Enjoy Protection Based on ‘Vested Rights’ Principle
In its decision dated 13 February 2024 (No 2022/4962 E (Merits), No 2024/1005 K (Decision)), the 11th Civil Chamber of the Court of Cassation has upheld a Regional Court of Appeal decision confirming a ruling of the Court of First Instance that rejected the plaintiff’s vested rights claims. Background On 11 January 2018 an application was filed for registration of the trademark MONTENT in Classes 35, 38 and 41 by the applicant, who also owned a prior registration for MONTENT… »
Turkish Legislation Offers Various Solutions to Tackle Trademark Squatting
Similar as in other countries, trademark squatting is also a common problem which foreign brands face in Türkiye. Trademark squatting creates challenges for market entry and registration of trademarks for foreign companies, as well as leading to dilution of the original trademark. Although there are steps to be taken to better prevent squatters, the current intellectual property (IP) legislation still has effective tools to protect the rights of foreign trademark owners and… »
News and Events
Invitation to the 2024 Policy Dialogue: Well-Known Marks (WKM) and Nontraditional Trademarks (NTM) in Türkiye Seminar Organized by INTA
We are excited to invite you to the 2024 Policy Dialogue: Well-Known Marks (WKM) and Nontraditional Trademarks (NTM) in Türkiye, which will be held in-person on October 11, 2024, at Istanbul Bilgi University, Santralistanbul Campus. During the event, Uğur Aktekin will moderate the panel on Protection and Enforcement of Well-Known Marks, and Pınar Arıkan will lead the panel on Protection of Nontraditional Marks. This event is free of charge, open to members and non-members…
Canan Tınaz Will Attend the 2024 Trademark Administrators & Practitioners (TMAP) Meeting in Pennsylvania
We are pleased to announce our participation at the 2024 Trademark Administrators & Practitioners (TMAP) Meeting, which will be held in Pennsylvania on September 22-24, 2024 and extend an invitation for a potential meeting during the event. Canan Tınaz will be representing Gün + Partners at the meeting. The 2024 Trademark Administrators & Practitioners (TMAP) Meeting is this year’s premier event for trademark administrators, paralegals, young practitioners, and…
Pınar Arıkan Will Attend the FICPI 22nd Open Forum in Madrid
We are excited to announce our participation in the FICPI 22nd Open Forum in Madrid and warmly invite you to meet with us during the event. Pınar Arıkan will be representing Gün + Partners at the forum. More than 20 years’ of experience has won the FICPI Open Forum a strong reputation for high-quality working sessions, with a special focus on best practices in IP firm management.
Özge Atılgan Karakulak, Will the Trainer of “Top Case Studies in Patent Litigation” at IP Camp 2024
Özge Atılgan Karakulak, partner in our patent and utility models practice, will be trainer of “Top Case Studies in Patent Litigation” in the IP Camp 2024. IP.CAMP is the leading training event in the field of Intellectual Property Management and Licensing that is organized by LES-Turkey since 2014. With increasing attention to strategic patent portfolio management, IP.CAMP 2024 is intended to focus on comprehensive cases as follows: Program Date: 26-27-28 September…
Güldeniz Doğan Alkan and Mutlu Yıldırım Köse Will Attend the MARQUES 38th Annual Conference in Stockholm
We are excited to announce our participation in the 2024 MARQUES Annual Conference in Stockholm and warmly invite you to meet with us during the event. Güldeniz Doğan Alkan and Mutlu Yıldırım Köse will be representing Gün + Partners at the conference. This year’s Annual Conference sessions will cover diverse topics including: litigation and public opinion; working in areas outside your comfort zone; understanding local traditions; navigating consumer values; successful…
We attended the 10th Annual IBA World Life Sciences Conference in Madrid
The 10th Annual IBA World Life Sciences Conference will take place on 30 - 31 May 2024 in Madrid, Spain. In a conference spanning two days, legal experts from the industry, authorities and private practice will discuss key developments in all aspects of the healthcare and life sciences sectors, including new regulatory requirements in the EU and the US, Transatlantic Review of Patent Litigation, Effective Resolution in Life Sciences Collaborations, Interoperability and…
Begüm Soydan Sayılkan, İrem Girenes Yücesoy, and Aysu Eryaşar Spoke at the Summer ELSA Law School
Our managing associates Begüm Soydan Sayılkan and İrem Girenes Yücesoy and our senior associate Aysu Eryaşar spoke at Summer ELSA Law School organised by ELSA Izmir between August 4-11 2024. They provided participants from various countries with key notes and case studies on Intellectual Property Law, focusing on Intellectual Property and Court Litigation, How To Provide Legal Advice in IP Law, Emerging Trends in Patent Law.…
Meet us at the 2024 AIPPI World Congress in Hangzho
Gün + Partners' AIPPI team is excited to attend the AIPPI World Congress in Hangzhou this year. The AIPPI World Congress brings together professionals, experts, and stakeholders from around the world in the field of intellectual property (IP) to network, exchange knowledge, and foster business development. Representing Gün + Partners at the conference will be Aysel Korkmaz Yatkın (Partner in patents and utility models practice) and Zeynep Seda Alhas (Partner in trademarks…
Mehmet Gün has been listed in IAM Strategy 300: The World’s Leading IP Strategists 2024
Mehmet Gün, our founding partner, is listed in IAM Strategy 300: The World’s Leading IP Strategists 2024. IAM Strategy 300 is an annual research project that identifies top practitioners who are taking IP portfolio management to the next level. These individuals are leading the way in developing and implementing strategies that maximize the value of IP portfolios.
Our Anti-Counterfeiting Team Delivered Presentations at Sessions Organized by the General Directorate of Customs
Our Anti-Counterfeiting team delivered presentations at the in-service training sessions organized by the General Directorate of Customs on July 9-10, 2024, in Istanbul. These sessions, attended by customs officers from Istanbul Customs and Foreign Trade Regional Directorate, focused on the protection of intellectual and industrial property rights at customs. Our lawyers represented clients from the pharmaceutical, food, luxury consumer goods, automotive and spare…
Güldeniz Doğan Alkan Spoke at the MARQUES IP Challenges in the Age of GenAI Webinar
Güldeniz Doğan Alkan, partner in our Trademarks and Designs practice, spoke at the Webinar on IP Challenges in the Age of GenAI organised by MARQUES on June 26. The speakers looked at generative AI models and their impact on trade mark, design, and copyright law, including the latest developments concerning liability for infringement under the EU AI Act. The webinar was organised by the MARQUES Cyberspace Team and covered the following topics: Ownership issues from…
We are Attending the 8th Global Entrepreneurship Conference in Madrid
We are pleased to announce our participation at the 8th Global Entrepreneurship Conference, which will be held in Madrid on 13-14 May 2024 and extend an invitation for a potential meeting during the event. Görkem Bilgin, partner, will be representing Gün + Partners at the conference. If you are interested in exploring collaboration opportunities or simply reconnecting, please feel free to get in touch with him. We eagerly anticipate the prospect of meeting you face-to-face…