Insights

Thought Leadership

COVID-19 HUB

COVID-19 HUB

Our COVID-19 HUB is designed to keep our stakeholders updated and help them understand the legal effects of COVID-19 outbreak, and take steps to maintain their businesses in Turkey.

Patent Law in Turkey Key Developments and Predictions - 2021

Patent Law in Turkey Key Developments and Predictions - 2021

We focus on the key aspects of patent litigation in Turkey, and the most important or challenging issues in Turkish Patent Law.

Commercial Dispute Resolution Under Turkish Law Rules, Developments and Insights - 2020

Commercial Dispute Resolution Under Turkish Law Rules, Developments and Insights - 2020

We focus on the four main topics of commercial dispute resolution under Turkish law, and the most important and challenging issues in commercial dispute resolution under Turkish law.

Patent Law in Turkey Key Developments and Predictions - 2020

Patent Law in Turkey Key Developments and Predictions - 2020

We focus on the key aspects of patent litigation in Turkey, and the most important or challenging issues in Turkish Patent Law.

Trademark Law in Turkey Key Developments and Predictions - 2020

Trademark Law in Turkey Key Developments and Predictions - 2020

We focus on the eight main challenges encountered in the interpretation and implementation of key changes introduced by the IP Code.

Copyright Law in Turkey Key Development and Predictions

Copyright Law in Turkey Key Development and Predictions

In the report, we outline seven controversial issues that we often encounter in Turkish copyright Law.

Life Sciences Law in Turkey Key Developments and Predictions - 2020

Life Sciences Law in Turkey Key Developments and Predictions - 2020

We focus on the key aspects of life sciences in Turkey, the most important and challenging issues in Turkey’s life sciences industry.

Media and Advertising Law in Turkey Key Developments and Predictions - 2020

Media and Advertising Law in Turkey Key Developments and Predictions - 2020

We focus on the key aspects of media and advertising law in Turkey, and the most important or challenging issues in Turkish media and advertising Law.

Data Protection and Privacy Law in Turkey Key Developments and Predictions

Data Protection and Privacy Law in Turkey Key Developments and Predictions

We focus on the key aspects of data privacy matters and developments in Turkey, and the most important or challenging issues regarding the same.

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Monthly Newsletters

February 2021

February 2021

We are pleased to publish our monthly newsletters to update our community and clients about legal developments in Turkey.

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Commercialisation of Healthcare 2021 in Turkey

Articles -
Life Sciences || Özge Atılgan Karakulak and Dicle Doğan

A Q&A guide to the commercialisation of healthcare in Turkey. This Q&A provides an overview of the regulatory framework for the commercialisation of medical products in Turkey. It covers the key requirements for manufacturing, marketing and advertising medicines, medical devices, biological products and natural health products. Medicines 1.What is the definition of medicine (or equivalent) in your jurisdiction? Under the Law on Pharmaceuticals and Medical Preparations...»

New Guidelines Published For Promoting Medical Devices

Articles -
Life Sciences || Dicle Doğan and Fatma Sevde Tan

On 12 February 2021, the Turkish Medicines and Medical Devices Agency published new guidelines (Turkish language) for the implementation of regulation on sales, advertising and promotion of medical devices. The new guidelines introduce detailed provisions on implementing some of the significant amendments that were made to the Regulation on Sales, Advertising and Promotion of Medical Devices on 2 September 2020. Under the guidelines, in addition to advertising and promotional...»

How to Tackle Broad Trademarks Registered With No Intention to Use

Articles -
Trademarks and Designs || Uğur Aktekin, Mutlu Yıldırım Köse and Merve Çimen Sevine

Filing trademarks on a broad coverage of goods and services lists without intention to use is a common practice in Turkey. Owners of such trademarks might have acted in bad faith at the time of filing, or could abuse their rights arising from such trademarks while enforcing them. To illustrate, owners of trademarks having overly broad specifications may request third parties to pay a high amount of money to grant them letters of consent, to withdraw their opposition, or to en...»

Developments on Signature Specimen and Signature Circular

Articles -
Corporate and M&A || Görkem Bilgin and Yalçın Umut Talay

Amendments Related to Signature Specimen The Amending Law Related to the Technology Development Zones and Certain Other Laws (the "Law No. 7263") was published in the Official Gazette on February 3, 2021 and entered into force on the same date. Article 22 of the Law No. 7263 amended Article 40 of the Turkish Commercial Code with respect to issue of signature specimen. In this regard, the amendment provides that signature samples of real person merchants and authorized signato...»

Impact of EPO Proceedings and EPC Provisions on National Actions

Articles -
IP Prosecution, Patent and Utility Models and Intellectual Property || Gün + Partners

Since Turkey’s inclusion as a member of the EPC, a hot topic has been the enforcement or invalidity of Turkish validation of European Patent(s) (“EP”) while proceedings before the European Patent Office (the “EPO”) are pending. Once an EP is validated in Turkey, it becomes a national patent. For EPs, the Turkish Patent and Trademark Office (the “TPMO”) seems to have transferred its powers and duties to the European Patent Office; therefore, it functions as an institution that...»

Discovery of Evidence Requests and the Scope of Bolar Exemption

Articles -
IP Prosecution, Patent and Utility Models and Intellectual Property || Gün + Partners

Discovery of evidence requests are specially regulated under Civil Procedural Law No. 6100. Discovery of evidence serves the purpose of determining a fact that has not yet been examined in an ongoing action or a fact that will be put forward in a future action. It must be emphasised that unlike the US and UK systems, there is no full and frank disclosure procedure under Turkish civil law. In other words, the parties may decide, at their discretion, which documents they will o...»

Arbitration Proceedings Regarding Determination of Reasonable Amount for Employee’s Invention

Articles -
IP Prosecution, Patent and Utility Models and Intellectual Property || Gün + Partners

In 2020, an arbitration judgment was held in accordance with the ISTAC serial arbitration procedure regarding the compensation request for employee invention and, as far as it is known, this is the first and pilot file in which the Regulation on Employee Inventions, Inventions in Higher Education Institutions and Public Funded Projects, will determine the price tariff for employees’ inventions and the arbitration procedure to be followed in case of dispute. Within the scope o...»

Preliminary Injunction Granted to Prevent Indirect Use of Invention

Articles -
Intellectual Property, Patent and Utility Models and IP Prosecution || Gün + Partners

One of the most striking developments of 2020 is a preliminary injunction decision given as a result of the implementation of the provision, “Prevention of the Indirect Use of Invention,” regulated in Article 86 of the IPL. Although the expression “Indirect Use of Invention” is often confused with the concept of “Indirect Infringement of Patents,” in fact, indirect patent infringement is not clearly regulated in our law. Turkish IP Code numbered 6769 (“IP Code”) lists the act...»

Supply of Pharmaceutical Products from Abroad and Patent Rights

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Intellectual Property, IP Prosecution and Patent and Utility Models || Gün + Partners

The supply of pharmaceutical products to Turkey via the named patient programme (the “NPP”) is one of the exceptional importation regimes for pharmaceutical products. Where a pharmaceutical product is not granted marketing authorisation in Turkey, or it is granted marketing authorisation but not found in the market, but patients need it, it can be supplied via this special route by physician request. The entities that are authorised to import pharmaceuticals within the scope ...»

Declaration of Use and Compulsory License

Articles -
Patent and Utility Models, IP Prosecution and Intellectual Property || Gün + Partners

The new IP Law (the “Law”) numbered 6769 abolished the provisions on “The use requirement of patents,” and “The evidence of use” of the Decree Law Pertaining to the Protection of Patent Rights. The Law now focuses on the requirements of use for patents within the provision of a Compulsory License. Accordingly, a patent owner must make use of the patented invention within three years following publication of its granted decision in the Official Bulletin (‘the Bulletin’), or wi...»

Turkish Court of Appeal Finds Likelihood of Confusion Based on a Common Weak Element

Articles -
Trademarks and Designs || Güldeniz Doğan Alkan and Ayşenur Çıtak

The Turkish Court of Appeal (CoA) has upheld lower court decisions which ruled in favour of cancelling the Turkish Patent and Trademark Office’s (‘Office’) Re-Examination and Evaluation Board’s (‘Higher Board’) decision for invalidation of the ‘Mazstar’ trade mark on the basis of likelihood of confusion with the plaintiff’s trade marks bearing the common element ‘Star’. Legal context Article 6/1 of the Industrial Property Code (IPC) rules that ‘Upon opposition, the proposed t...»

Arbitration Procedures and Practice 2021 in Turkey

Articles -
Dispute Management || Pelin Baysal, Asena Aytuğ Keser and Bilge Kağan Çevik

1. How is commercial arbitration used and what are the recent trends? Use of commercial arbitration and recent trends In Turkey, arbitration traditionally evolved as a dispute resolution mechanism, which was used more frequently in large commercial disputes where a foreign party is involved and mostly when a legal counsel is involved in the preparation of the principal contract between the parties. For all other matters, particularly concerning disputes of smaller value, Turk...»