Insights
Applying Presumption of Patent Infingement Against Biosimilars
Before filing lawsuits to assert patent rights against generics or biosimilars, the patent holder essentially operates in the dark. This is because, particularly in cases where the summary of product characteristics (“SmPC”) of the biosimilar/generic drug has not yet been published, or when it is not clear from the limited information in the SmPC whether the patent has been infringed, the relevant sections of the biosimilar/generic product's dossier must be examined to assess… »
A trade mark or a song? Turkish Court of Cassation casts some light on this distinction
Article 4 of the Law No. 6769 on Industrial Property indicates that sounds can be registered as trade marks if they are capable of being distinguishable for the goods or services of one undertaking from that of another: “Trademarks may consist of any signs like […], sounds and the shape of goods or their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings and being represented on the… »
The Supervisory Power of The Re-Examination and Evaluation Board
It is observed that the supervisory power of the Re-examination and Evaluation Board (“Higher Board”), which is in charge of examining and finalizing appeals against the decisions taken by the Turkish Patent and Trademark Office (the “Office”) regarding the registration of IP rights, is in the form of a review of expediency. This issue is regulated in paragraph 4 of Article 6 of the Regulation on the Turkish Patent and Trademark Office Board of the Re-examination and… »
Legislative Developments for Artificial Intelligence in Turkiye
With the rapid expansion of the use of artificial intelligence (AI) and its integration into all areas of life, it has become essential to establish a legal framework that regulates the safe and ethical development, distribution and use of AI systems, considering the complexity and unique characteristics of this technology. In addition to promoting the safe, transparent, and human rights-respecting development of AI technologies, and aiming to protect the safety, rights, and… »
From Plant to Pill: Introducing Cannabis to the Pharma Industry
The Regulation on the Cultivation and Control of Cannabis for the Production of Active Pharmaceutical Ingredients ("Regulation") prepared by the Ministry of Agriculture and Forestry (“Ministry”) was published and came into force upon being published in the Official Gazette numbered 32661 dated 13 September, 2024. The Regulation includes provisions on the control, harvesting, evaluation, processing, disposal, display, export and/or purchase/sale of cannabis cultivation for the… »
The Use of Cannabis in Pharmaceutical Production
After the "Symposium on Local Governments in the Presidential Government System" held on January 9, 2019, the issue of cannabis production in Türkiye was reconsidered, and the "Report and Action Plan on Industrial Cannabis Cultivation in Türkiye" was prepared, and legislative regulations and incentives have been provided, and especially the production of fibers, seeds and stems were supported. On April 5, 2023, another important step was taken regarding Article 1 of the Law… »
Food Supplements
With the regulations published in the Official Gazette numbered 32169 and dated April 20, 2023, comprehensive amendments were made to the legislation on the use of health claims for food and food supplements and the use of nutrition claims. Thus, the Turkish Food Codex Regulation on Nutrition Claims under the authority of the Ministry of Agriculture and Forestry and the Regulation on Health Claims for Food and Food Supplements under the authority of the Agency, has entered… »
Application Fee for Scientific Meetings of Pharmaceuticals and Medical Devices Has Been Introduced
The Agency first announced on its official website on 4 January 2024, that the Guidelines on Scientific Meetings and Educational Activities to be Conducted within the Scope of the Regulation on the Sales, Advertisement and Promotion of Medical Devices (“Guidelines”) was amended, and that the most significant change introduced by the amendment to the Guideline is the collection of fees by the Agency for scientific meetings and applications for educational activities. According… »
Developments in the Field of Medical Devices
The Regulation on the Sale, Advertisement, and Promotion of Medical Devices (“Medical Device Promotion Regulation”), the legislation containing detailed provisions on the sales, advertising, and promotion activities of companies, was significantly amended on May 26, 2023, and introduced number of new procedures to the medical device sector. These procedures, which are not essentially considered as promotional activities, are governed by the Medical Device Promotion Regulation… »
Interactions with HCPs, Transfer of Values and Payments
The Regulation on the Promotional Activities of Pharmaceutical Products for Human Use (“Promotion Regulation”), dated July 3, 2015, regulates the promotional activities of medicinal products for human use. Under the Promotion Regulation, any advertisement of products to the general public, whether directly or indirectly, through any public media or communication channels, including the Internet, is prohibited. Pharmaceutical products may be promoted only to physicians… »
Named Patient Program
Named Patient Programs (“NPP”) is one of the exceptional pharmaceutical importation regimes for products that are not authorized or authorized but unavailable in the Turkish market for various reasons. In cases where a product does not have marketing authorization in Türkiye or has marketing authorization but cannot be found on the market, and patients need the product in question, it is possible to procure the pharmaceutical via this method upon the request of a physician.… »
Market Availability of Products and Parallel Trade
The export of products manufactured and imported for the Turkish market, may restrict patients' access to treatment after their launch. In addition, pharmaceutical prices in Türkiye are much cheaper compared to many other countries, and this has an impact on prices in other markets. The Circular No. 2014/11 on the Availability of Medicines in the Market issued by the Agency stated that necessary measures will be taken to prevent problems in pharmaceutical supply that may… »
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…