Insights
Fixed Exchange Rate in Pricing of Pharmaceuticals and its Impact
The prices of pharmaceuticals to be launched on the market are determined in accordance with the Decision on the Pricing of Medicinal Products for Human Use (“Decision”) and the Communiqué on the Pricing of Medicinal Products for Human Use (“Communiqué”) dated 29 September 2017, published by the Ministry of Health, which has been authorised to regulate this area. The Decision foresees a reference pricing system in which the lowest wholesaler price for the relevant product in… »
IP Court Issues Preliminary Injunction Against Drug in Turkey’s Named Patient Programme
The Istanbul Civil Court for Intellectual and Industrial Rights has granted a preliminary injunction to remove a pharmaceutical product from the foreign drug list of the Turkish Medicines and Medical Devices Agency (TMMDA). The drug was supposed to be supplied via the named patient programme (NPP) and was removed on the grounds of patent infringement. Further, the supplier company has been prevented from directly or indirectly commercialising the product, which includes its… »
Should the Lawyer Follow the Judge’s Misdirection?
Judges represent the state while exercising their judicial power on behalf of the nation. In this respect, it is the principle that the judge, who is expected to be independent first to the state and then to the parties, should be bound only by the rules of law. A thinker has said in this direction, “Judges are both masters and slaves of the law”. A lawyer, on the other hand, is self-employed, but also serves in the public sector as he/she participates in the distribution of… »
Permanent Injunction on the Infringing Pharmaceutical Products on the NPP List
Pharmaceutical products that are not licenced in Turkey and/or licenced but not have been made available to the market can be supplied by Turkish Pharmacists’ Association, Social Security Agency (SSA) and institutions and organizations that are deemed suitable for foreign drug supply by the Turkish Medicines and Medical Devices Agency (“Agency”) (“Foreign Drug Suppliers”) as per to the provisions of the Guideline on Drug Supply and Use from Abroad (“Guideline”). Pursuant to… »
Istanbul IP Court Reaches Landmark Decision on Precautionary Injunction
The trigger point and the timing of a request for a precautionary injunction (PI) is crucial. However, in pharmaceutical patent enforcement, most damage occurs from the launch of the Gx product, which can account for a price cut of as much as 40% from the originator’s drug. Therefore, the PI must be filed and granted before the Gx launches, yet while there is sufficient proof available to overcome the so-called Bolar exemption hurdle. The PI filing date serves this aim… »
A Fairer Way to Determine Royalties in Turkish Compulsory Licensing
Compulsory licensing, which is regulated by both Article 99 of the repealed Decree Law 551 and Article 129 et seq of the Industrial Property Law, which follows Article 31 of the Trade-Related Aspect of Intellectual Property (TRIPs), is a fairly recent institution in Turkey. However, covid-19 has given new urgency to the debate on this issue. Even though it has never actually been applied, compulsory licensing has been widely discussed, not only as a convenient tool to… »
Bolar-Like Hurdle for Generics
Precis: The judgment of the Ankara IP court in a case involving a marketing authorisation application demonstrates that an exemption similar to the so-called Bolar exemption can apply to Gx pharmaceutical companies. Background The so-called Bolar exemption was introduced into Turkish law on 22 June 2004 with an amendment to Patent Decree Law No 551 and was maintained in the IP Code that entered into force on 10 January 2017. Article 85/3(c) of the IP Code rules that… »
Why Compulsory Licensing is a Blunt Instrument in the Post-Covid Landscape
Earlier this year the Turkish minister of health announced that President Recep Tayyip Erdogan had made a compulsory licence decision about the active ingredient molnupiravir. In line with the fact that the decision was made directly by the president, it was understood that the provision of a compulsory licence due to public interest was applied. However, the patent owner was not notified of the presidential decision nor was it publicly accessible, so the terms, the licensee… »
The Dangers of Basing Preliminary Injunctions on Determination of Evidence
Determination of evidence, which is one of the most important temporary legal protection measures regulated in our law, is an institution that ensures the protection of evidence that will assist the proving of the matter. Considering that the adversarial trial process is adopted in our civil procedure law, the significance of the right holder being able to have the evidence which will help them prove their rightness effectively determined, is clear. However, as will be… »
What The Plausibility Requirement Means For Turkish IP Law
Grounds for invalidation of a patent under the Turkish Industrial Property Law (6769) are listed as per the numerus clausus principle. The concept of plausibility – which, in recent years, has been the subject of numerous evaluations (especially by the EPO) and frequently debated in academic circles – has not yet found a place within the scope of any legal regulation in Turkey and there is no consensus on the Turkish word that meets this concept as a legal term. However, the… »
The Regional Administrative Court’s Decision on Trade Secrets And The Administration’s Responsibility Against Unfair Competition
Protecting patent rights in a timely manner is crucial for original pharmaceutical product manufacturers, particularly in being informed of potential infringements before an infringing product enters the market. However, information requests submitted by legal representatives of original drug marketing authorisation (MA) holders regarding the authorisation files of generic companies—who seek approval through an abridged application referencing the original pharmaceuticals—are… »
Possible Effects of a Unified Patent Court in Türkiye
The concept of the Unified Patent Court (UPC) entered the lives of European Patent holders with the UPC Agreement, an international agreement dated 19 February 2013. The Unified Patent Court started operating as of 01 June, 2023. The Unified Patent Court constitutes a big and important step towards unity of the judiciary for European Union member states. The Statistics and Trends Centre of the European Patent Office (EPO) reported that 17,788 unitary effect requests were made… »
News and Events
Gün + Partners Named Law Firm of the Year: Turkey at The Lawyer European Awards 2014
Gün + Partners was named Law Firm of the Year: Turkey at The Lawyer European Awards 2014. We are proud to include this recognition among the milestones in our firm’s history.
Our September 2026 Summer Internship Programme Has Begun
We are pleased to welcome our September 2026 summer interns Zeynep Pelin Çolak, Helin Parsak, Payan Rana Yetkin, Zeynep Göksu Zeybel and Yusuf Eren Karakaya. Throughout the internship programme, they will have the opportunity to work on projects with different practice groups, apply their academic knowledge in legal practice and gain a closer understanding of the professional environment. We wish them a productive and successful internship as they take this important step…
40 Years + One Unforgettable Evening at Lincoln’s Inn
What a magnificent evening! We are still buzzing from the energy at our reception in the Great Hall of Lincoln’s Inn during INTA 2026. It was a true privilege to see this historic hall filled with such a vibrant international community of IP professionals. Hosting our guests within one of the four prestigious Inns of Court—an institution that has stood at the heart of the UK’s legal tradition and the training of barristers for centuries—provided a truly distinguished…
Gün + Partners at the 40th MARQUES Annual Conference in Lisbon
Gün + Partners will participate in the 40th MARQUES Annual Conference, taking place on 22–25 September 2026 at Epic Sana in Lisbon, Portugal. Representing Gün + Partners this year: Mutlu Yıldırım Köse, Partner İrem Girenes Yücesoy, Managing Associate Held under the theme “The Exciting Evolution of Trademarks,” this year’s conference will focus on how trademarks are evolving as businesses explore new ways of using brands and other IP assets to build trust with…
Gün + Partners at the 2026 AIPPI World Congress in Hamburg
We will be attending the 2026 AIPPI World Congress in Hamburg from 7–10 October 2026 and would be pleased to meet with you during the Congress. Representing Gün + Partners this year: Aysel Korkmaz Yatkın, Partner, from our Patents and Utility Models practice. Zeynep Seda Alhas, Partner, from our Trademarks and Designs, Anti-Counterfeiting and Copyright practices. The AIPPI World Congress brings together IP professionals from around the world to discuss current…
Mehmet Gün Recognized in IAM Strategy 300 2026
We are pleased to announce that Mehmet Gün has been recognized in IAM Strategy 300: The World’s Leading IP Strategists 2026. Published annually, IAM Strategy 300 identifies leading professionals in intellectual property strategy, recognizing individuals who develop and implement approaches aimed at realizing and amplifying the value of intellectual property.
Gün + Partners at the IBA Annual Conference 2026 in Copenhagen
We are excited to announce our participation in the upcoming IBA (International Bar Association) Annual Conference in Copenhagen this October, and we warmly invite you to meet with our delegation during the event. Representing Gün + Partners this year: Özge Atılgan Karakulak – Partner | Advisory Board Member of the IBA IP and Entertainment Law Committee; leading our Life Sciences and Patent Litigation practices. Görkem Bilgin – Partner | Leading our Corporate and M&A…
Gün + Partners to Participate in IP.CAMP 2026 as Lead Sponsor
Organized by LES Turkey, IP.CAMP brings together intellectual property professionals, in-house counsel, academics and industry representatives for an intensive programme focused on IP management, licensing, strategy and commercialization. The 2026 edition will take place on 24–26 September 2026 at Boyalık Beach Hotel & SPA in Çeşme, İzmir. This year’s programme will address key topics across the IP landscape, including licensing strategies, IP litigation…
Gün + Partners Participated in the Public Health and Intellectual Property Crimes Workshop in Ankara
On 29–30 July 2026, Gün + Partners participated in the Public Health and Intellectual Property Crimes Workshop organized by the Intellectual Property Rights Department of the Turkish National Police in Ankara.…
Gün + Partners Top Ranked by IP STARS 2026
We are proud to announce that Gün + Partners has been ranked as a top-tier IP law firm by Managing IP’s IP STARS 2026! Our team is recognized as a top-tier practice for trademark disputes, trademark prosecution, and copyright & related rights. Mehmet Gün, Uğur Aktekin, Hande Hançar, and Zeynep Seda Alhas have been listed among the Trademark Stars by IP STARS 2026. A special congratulations to Hande Hançar for being recognized among the Top 250 Women in IP in the 2026…