Insights
Bad-faith Filings in Türkiye: How Credible is the Trademark PETSHOP For Musical Instruments?
The plaintiff, which has been using PETSHOP as a non-registered trademark since 2008, sought the invalidation of PETSHOP for “musical instruments” in Class 15 The IP Court denied the plaintiff’s claims based on its earlier rights in the non-registered mark since the plaintiff’s earlier use did not relate to Class 15 goods However, the court concluded that the defendant’s PETSHOP mark had been filed in bad faith A recent case involving the mark PETSHOP reflects the common… »
Popeye without Spinach, Mickey Mouse without Gloves? Copyright Terms and the Public Domain
While copyright protection grants authors the exclusive right to exploit their creations, this protection is not indefinite. At the end of the term determined by the legislation of each country, the financial rights granted to the author expire and the work enters the public domain. The public domain process ensures that works become part of the collective heritage and thus continue to freely evolve and live on for generations. In this way, numerous masterpieces, from world… »
Trademark Applications Made in Bad Faith and the Assessment of Bad Faith in European Union Law Under the CP13 Common Practice in Comparison With Turkish Trademark Law
ABSTRACT Bad faith in EU trademark law is regulated under the EU Trademark Regulation and related directives. According to the Court of Justice of the European Union, bad faith is an autonomous concept of EU law and must be interpreted uniformly across the Union. Although various legislative efforts continue within the EU harmonization framework, amendments to the regulations and directives alone do not ensure consistent and predictable decisions by national trademark offices… »
The Guide to Challenging and Enforcing Arbitration Awards - Fourth Edition
Form of awards 1. Must an award take any particular form? Article 14(A) of the International Arbitration Law (IAL) provides that an award must include: the names, surnames, titles and addresses of the parties, their representatives and lawyers; the legal grounds on which the award is based and, if there is a claim for compensation, the amount of compensation; the place of arbitration and the date of the award; the name, signature and a dissenting opinion, if any, of 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… »
Does the ‘Long Arm’ of the UPC Reach Turkey?
After long years of deliberation, the Agreement establishing the Unified Patent Court (“Agreement”) was accepted on majority of the European Union (EU) member states in 2013 and entered into force on 01 June 2023. The Unified Patent Court (UPC) was envisaged as a common court for the member states party to the Agreement. And thus, the UPC became part of the judicial system of the member states party to the Agreement and was authorised to resolve disputes concerning European… »
Corporate Governance 2025 in Turkey
SOURCES OF CORPORATE GOVERNANCE RULES AND PRACTICES Primary sources of law, regulation and practice What are the primary sources of law, regulation and practice relating to corporate governance? Is it mandatory for listed companies to comply with listing rules or do they apply on a ‘comply or explain’ basis? The Turkish Commercial Code (TCC) dated 13 January 2011 (Law No. 6102) entered into force on 1 July 2012. The TCC has important objectives, such as ensuring transparency… »
The ELECTRIC PLAYGROUND Case: a Controversial Approach to Descriptiveness and Distinctiveness
ELECTRIC PLAYGROUND was found descriptive and devoid of distinctiveness in Türkiye, but was registered as a trademark for the same services in the US The approach adopted by the Turkish IP Office and courts was arguably excessive and disproportionate The application was refused for sports, culture and entertainment services in Class 41 A recent IP case has evaluated the descriptiveness and distinctive character of English-language word marks with respect to Turkish… »
Constitutionality of the Turkish Competition Authority’s Power to Conduct On-Site Inspections in Light of the Decision of the Turkish Supreme Court Issued on 23/3/2023
ABSTRACT In Turkish and European Union competition law practices, competition authorities are vested with various powers aimed at protecting competition, by investigating, inquiring, detecting, and terminating competition infringements. The scope and extent of these powers have been the subject of numerous debates and legal cases. Most recently, the Turkish Constitutional Court’s decision issued on 23/3/2023, which ruled that the Turkish Competition Authority’s power to… »
The Court of Cassation’s Approach to Proving Overtime Through Witness Testimony
An employee who claims to have worked overtime and demands overtime pay from the employer bears the burden of proving this claim. At this point, the employee may rely on written evidence such as workplace records, documents indicating entry to and exit from the workplace, and internal workplace correspondence. However, if an employee is unable to prove the overtime work through such written evidence, the employee may also substantiate her/his claims through witness testimony.… »
Pricing Applications for Authorized Medicines Under the Alternative Reimbursement Scheme
On March 27, 2025, the Turkish Medicines and Medical Devices Agency (“Agency”), issued an announcement regarding the first application procedures for the pricing of authorized pharmaceuticals subject to alternative reimbursement models. As per the provisions outlined in the legal framework for the pricing of medicinal products, the Decision on the Pricing of Medicinal Products for Human Use numbered 2017/9901 (“Decision”), and the Communiqué on the Pricing of Medicinal… »
Long-awaited Secondary Legislation for Administrative Revocation of Trademarks Finally Published
The Patent and Trademark Office obtained the authority to revoke trademarks on 10 January 2024 Fourteen months later, the office published a regulation concerning the implementation of the administrative revocation of trademarks A key novelty is that, in addition to the application fee, the requesting party must also pay an escrow fee Background The administrative revocation of trademarks was introduced with the entry into force of the Industrial Property Code No 6769 on… »
News and Events
We Have Been Selected as the “Patent Litigation Firm of the Year” in Turkey by Global IP Awards 2024
We are delighted to have been named the winner of the Patent Litigation Firm of the Year for Turkey in the Global IP Awards 2024, which recognises the outstanding achievements of law and attorney firms in litigation, prosecution, and transactional work during 2023/2024.
We attended the 10th Annual IBA World Life Sciences Conference in Madrid
The 10th Annual IBA World Life Sciences Conference took place on 30-31 May 2024 in Madrid, Spain. In a conference spanning two days, legal experts from the industry, authorities, and private practice discussed 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 Digital…
We Ran The 45th Istanbul Marathon for Raising Awareness for The Tohum Autism Foundation
On Sunday, November 5, 2023, we ran the 45th Istanbul Marathon for raising awareness for the Tohum Autism Foundation. We supported “Be the Sunshine for Children with Autism,” project with the goal of providing children with autism the special education they need and ensuring that both children and their families can benefit from educational and healthcare services under equal conditions and opportunities. We thank all our colleagues for their support.…
Direnç Bada, was Recently Featured in the CNBC Documentary, "Ozempic Underworld - The Black Market of Weight Loss Drugs"
We are pleased to announce that our Managing Associate, Direnç Bada, was recently featured in the CNBC documentary, "Ozempic Underworld — The Black Market of Weight Loss Drugs." In his interview, Direnç, highlighted the growing concerns over counterfeit and diverted weight loss medications circulating in the market. "Despite the strict prohibition on selling these products online in Turkey, we are seeing a troubling rise in both online platforms and broader market channels…
We are Attending the IBA Annual Conference in Mexico City
We are excited to announce our participation in the International Bar Association (IBA) Annual Conference 2024 in Mexico City and warmly invite you to meet with us during the event. Representing Gün + Partners at the conference will be Görkem Bilgin, Özge Atılgan Karakulak, Advisory Board Member of the IP and Entertainment Law Committee, and Uğur Aktekin. As an independent law firm recognized internationally among the top-tier legal services providers, we pride ourselves on…
Özge Atılgan Karakulak Has Been Elected to the Board of Directors of Transparency International Turkey
We are proud to announce that Özge Atılgan Karakulak has been elected to the Board of Directors of Transparency International Turkey (TI Turkey). TI Turkey plays a vital role in promoting transparency, integrity, and accountability across all sectors of society, contributing to the country’s democratic, social, and economic development. We extend our best wishes to TI Turkey for continued success in its important work during the new term.
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…
Beril Yayla Sapan Spoke at the Annual Meeting Organized by Legalink
Our partner Beril Yayla Sapan, participated as a speaker at the annual meeting organized by Legalink, an organization of which we are members, held in Stockholm.
We Are the "Top Tier Firm" by Managing IP STARS 2024 Copyright Rankings
We are thrilled to announce that Gün + Partners has been top-ranked by Managing IP’s IP STARS 2024! Our team has been recognized as a top-tier firm in Copyright & related rights. IP STARS is the leading specialist guide for companies or individuals looking for experienced legal practitioners to deal with contentious and non-contentious intellectual property issues.