Insights
Turkish Court of Cassation’s Recent Decision on Search and Seizure Orders is Strengthens the IP Owners’ Position
In Turkey, following the criminal complaint route against counterfeits is very effective, yet several criminal courts are becoming rather hesitant to grant search & seizure warrants. The most problematic courthouse in this respect has been Istanbul Courthouse for quite some time and this courthouse is very important as its jurisdiction covers very significant locations for brand owners, such as Grand Bazaar, Taksim, Tahtakale etc.. The criminal courts of Istanbul… »
The Protection of European Patents in Turkey and the Compensation of Damages
Pursuant to the Regulation Indicating the Implementation of the European Patent Convention Regarding the Grant of European Patents in Turkey (the Regulation), a European patent application in which Turkey is designated is accepted as a national Turkish patent application starting from the moment an application number is given by the EPO. Once the application is filed before the EPO, the patent owners normally pursue the procedure before the EPO and then, once the patent is… »
An In-depth Analysis of Inventorship of AI and Turkey’s Position
In recent legal debates, the patentability of AI-generated inventions has been contentious. Historically, only humans have been considered inventors, anchored in notions of personhood and intellect. Yet, in a bold move, South Africa and Australia’s Federal Court recognized AI, specifically DABUS, as a potential inventor in 2021, defying conventional views. Proponents argue that this accommodates modern innovation trends, while sceptics raise concerns about ownership rights… »
Türkiye's Update: Key Changes in Named Patient Program
Pharmaceuticals not authorized in Turkey or authorized pharmaceuticals not available in the market, shall be procured from abroad as per a special authorization (named patient program) in cases where patients require such pharmaceuticals. While this exceptional import regime for pharmaceuticals was until recently regulated by the Medicines and Medical Devices Agency ("Agency") through guideline, the Regulation on Supply of Pharmaceuticals from Abroad ("Regulation") was… »
New Electric Vehicle Import Regulations in Turkey
The Ministry of Commerce, aligning with the European Union and the Free Trade Agreement frameworks, has introduced some regulations for importing electric vehicles. On November 29, 2023, the Communiqué on the Import of Some Electric Vehicles (the “Communiqué”) was published on the Official Gazette. The Communiqué serves the purpose of regulating the import of electric vehicles belonging to non-European Union member states and Free Trade Agreement non-signatory states… »
Announcement on Products Not Evaluated as Medical Devices
On 30 October 2023, the Turkish Medicines and Medical Devices Agency (Agency) published an announcement (Turkish language) regarding products that are not considered within the definition of medical device or the scope of the legal framework. The Agency stated that, while some products which were considered medical devices or in vitro diagnostic devices under the legislation repealed by the EU Regulations 2017/745 and 2017/746 are excluded from the scope of the medical device… »
The Rise of Online Advertising and The Problems Related to Competition Law
Recently, with the fast development of the technology and the extensive use of communication tools and the internet, marketing strategies have also experienced a significant change. Traditional marketing methods have been rapidly replaced by online advertising. Online advertising, which is a form of advertising that utilizes various internet-based channels, as a marketing strategy used on digital platforms to increase trademark popularity, promote sales and create consumer… »
Reflections of Digital Transformation on Competition Law
In recent years, the rapid spread of digital transformation, defined as the transformation of business processes, customer relationships and operations of undertakings with digital technologies, driven by the technological advancements, has led to changes in the ways of doing business. During this transformation process, the use of digital technologies, especially information and communication technologies, is increased compared to traditional methods. As Undertakings aim to… »
Decision on the Pricing of Drugs Has Been Amended
On 23 July 2023, the Presidential Decree numbered 6932 on the Amendment of the Decision on Pricing of Medicinal Products for Human Use ("Decision") was published in the Official Gazette numbered 32257. With the provisional articles added to the Decision: It has been arranged that the euro value in Turkish Lira to be used in the pricing of medicinal products for human use was increased by 30.5% to 14.0387 TRY in July 2023. While applying this increase, it is stated that the… »
Court of Cassation Examines Impact of Bankruptcy on Collection of Employee Receivables
In practice, bankruptcy of a defendant employer during court proceedings related to employee receivables may be confusing for both the parties of a dispute and the courts handling the proceedings. The Court of Cassation recently examined a case where the defendant employer became bankrupt during court proceedings initiated for employment receivables in the decision dated 8 February 2022. (1) Definition of urgent matters According to article 194 of the Enforcement and… »
Council of State's Unification of Decisions on Appeals Filed by Intervening Parties
Until recently, the Council of State of Turkey had an unsettled practice regarding the appealability of decisions by intervening parties where the principal party does not appeal a decision. Indeed, certain chambers of the Council of State allowed intervening parties to appeal decisions regardless of the principal party's choice, whereas the other chambers restricted the intervening parties' right to appeal with the principal party's appeal. Lately, a unification of decisions… »
A Practical Overview of Disclosure of Trade Secret as a Criminal Offense
Trade secrets bear critical value for companies to stand out and become distinct from their competitors in the competitive market conditions. Indeed, companies are often exposed to significant risks arising from the disclosure of trade secrets due to misconduct of certain individuals having access to these secrets. Therefore, confidentiality of these secrets, which bear commercial value and provide a competitive advantage, is almost crucial for companies to survive. In this… »
News and Events
Uğur Aktekin Talked About His INTA Career on INTA Bulletin's March Edition
Our partner Uğur Aktekin has been featured at the "Volunteer Spotlight" section of INTA Bulletin's March edition, where he talked about the highlights of his INTA career. To see the interview conducted by Ceren Aytekin please see https://bit.ly/3u8Bm2z
Özge Atılgan Karakulak Spoke at MIP - International Patent Forum 2021
Özge Atılgan Karakulak, partner in our patent and utility models practice, was one of the panellist at the "International IP enforcement and protection post-COVID-19" panel at MIP - International Patent Forum 2021 on Mar 3. https://events.managingip.com/patentforum#March3
Webinar: Fikri Mülkiyet Hukuku ABAD Karar İncelemesi - l: Sky v SkyKick (C-371/18)
Mehmet Gün spoke in Gün + Partners’ breakfast reception in Sydney
Mehmet Gün, our founding partner, and Yuichi Aoki, Senior Advisor of Invest in Turkey were on the stage at the Gün + Partners’ breakfast reception in Sydney on Oct. 11 2017, sharing their insights on recent legal developments and business environment in Turkey.
We are pleased to announce our new partners, Aysel Korkmaz Yatkın and Filiz Toprak Esin, effective from 1 January 2020.
AYSEL KORKMAZ YATKIN Practice Areas Intellectual Property Patents and Utility Models Dispute Management Aysel Korkmaz Yatkın joined the firm in 2008 and became a partner in 2020. She specializes in intellectual property with a special focus on patents and utility models.With almost 12-years of experience on patents, she has been providing consultancy on all matters related to the patent law and has been leading numerous patent…
İSTA Meeting
Kurucu ortağımız ve İstanbul Tahkim Derneği (İSTA) Yönetim Kurulu Başkanı Mehmet Gün, İSTA tanıtım toplantısında, derneğin amaçları ve faaliyetleri hakkında konuşma yaptı. http://ista.org.tr/tr
TEİD Seminar
Baris Kalayci, partner and co-chair of our business crimes and anti-corruption practice, has spoken on assessment of whistleblowing during the seminar co-hosted by Ethics and Reputation Society [Etik ve Itibar Dernegi (TEİD)] and Gün + Partners in Istanbul, Turkey on Nov 28, 2017.
TESEV Round Table Meeting
Mehmet Gün, our founding partner, shared his ideas on restructuring of justice system during TESEV’s round table meeting in İstanbul, Turkey on Nov 15, 2017.
Hande Hançar Spoke in IP2017 Conference
Hande Hançar Çelik, partner and co-chair of our TMT practice, has spoken about success story of GlakoLens, developer of contact lens based biosensor technologies, at IP2017 Conference organized by Boğaziçi University in Istanbul, Turkey from Oct 12-13, 2017.
ANA/BAA Marketing Law Conference
Hande Hançar Çelik, partner and co-chair of our TMT practice, spoke on legal developments in global advertising and its reflection on Turkey at ANA/BAA Marketing Law Conference in Chicago, IL, USA from Nov 13-15, 2017.
AIPPI World Congress
Our partner Ugur Aktekin, co-chair of our IP practice, is attending the 2017 AIPPI World Congress - Sydney. Please contact ugur.aktekin@gun.av.tr if you wish to meet with him. https://lnkd.in/gDYhmmv
Uğur Aktekin Led FICPI-TÜRKİYE General Assembly Meeting
FICPI-TÜRKİYE general assembly convened at its headquarter for the second time, our partner and president of the FICPI-TÜRKİYE, Uğur Aktekin led the meeting in Istanbul on Mar 09, 2018.