Insights
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… »
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… »
Pricing of Pharmaceuticals and the Fixed Exchange Rate
Due to the rapid increase in the current exchange rates, pharmaceutical prices have been one of the most controversial issues in Türkiye in 2023. The price of medicines for sale are set under the Decision on Pricing of Human Medicinal Products (“Decision”) and the Communiqué on the Pricing of Human Medicinal Products (“Communiqué”) of September 29, 2017, issued by the Ministry, which is vested with the competencies to regulate this area. The Decision provides a reference… »
IP in Business Transactions 2024 in Turkey
IP Assignment Assignment Basis and Formalities 1. On what basis can the main IPRs be assigned? What formalities apply? Patents Basis for patent assignment. Under the Intellectual Property Law No. 6769 (IP Law), a patent can be assigned in whole. A patent cannot be assigned in part. Formalities for patent assignment. Under the IP Law, a patent assignment must be in writing and signed by both parties and notarised before a notary public. Registration of a patent assignment with… »
Update on the Medical Devices Regulations in Turkey
All kinds of manufacturing, marketing, and after-sales activities of medical devices are highly regulated in Turkey. The main framework for ensuring safety and compliance with the technical specifications is governed by the Law on Product Safety and Technical Specifications No. 7,223, which is an umbrella legislation covering all products intended to be placed on the market, supplied, or placed on the Turkish market. Further to above, general rules and principles of medical… »
Riddle of Applicable Application Fee in Enforcing Foreign Judgments
Under Turkish law, the rules governing the collection of trial fees are regulated by the Law of Fees No. 492 (Law no. 492) and the applicable fees are under Tariff 1 of the Law no. 492. Article 4 of Law no. 492 also explicitly refers to Tariff 1 in terms of the fees applicable in the actions for enforcement of foreign judgments stating that the applicable fee will be determined according to the value, type and nature of the verdict. The general rule under Tariff 1 is when the… »
Advertisement Board is Again Able to Block Access
Turkish Constitutional Court (“Court”) annulled the paragraph 12 of Article 77 of the Consumer Protection Law, which granted the Advertisement Board (“Board”) the power to partially or entirely block access to websites containing unlawful advertising content. The relevant rule was considered to be unconstitutional pursuant to the Court’s decision dated 13 September 2023 and numbered 2022/70 E. - 2023/152 K. which was published on the Official Gazette dated 27 October 2023 and… »
Turkish Court of Cassation Issues Landmark Ruling on “cancellation” of WIPOpanel Decisions
In a case involving a registrant whose domain name was transferred to a complainant by a WIPO panel at the end of UDRPproceedings, the Turkish Court of Cassation has clarified that it is not possible to request “cancellation” of WIPO panel decisionsrendered pursuant to the UDRP. Background The plaintiff (registrant in the UDRP proceedings) registered the gTLD ‘donerstop.com’ on 6 June 2014. The defendant (complainantin the UDRP proceedings) applied to register the trademark… »
Court of Cassation Expands on Similarity Assessment for Short, Number Marks
The 11th Civil Chamber of the Court of Cassation (CoC) has ruled that there is a likelihood of confusion between the trademarks N11 and OTEL 11 (15 February 2024, 2023/3633 E (Merits), 2024/1117 K). Background The applicant filed a trademark application for OTEL 11 in Class 43. The opponent, one of the largest online shopping websites in Türkiye, requested refusal of the application on the following basis: OTEL 11 created a likelihood of confusion with its earlier… »
Guideline on Circumstances Requiring Reissue of a Marketing Authorization For a Licensed Pharmaceutical
The transfer of pharmaceutical marketing authorizations (“MA”) entails intricate and interconnected procedures. Especially when it comes to imported pharmaceuticals, comprehensive contracts control the process when the foreign licensor company gives a license to a distributor in Türkiye and the products are offered for sale in the Turkish market. Before the MA transfer application is submitted to the Turkish Medicines and Medical Devices Agency (“Agency”), the license… »
Court of Cassation Decision Shows Importance of Trademark Use to Enjoy Protection Based on ‘Vested Rights’ Principle
In its decision dated 13 February 2024 (No 2022/4962 E (Merits), No 2024/1005 K (Decision)), the 11th Civil Chamber of the Court of Cassation has upheld a Regional Court of Appeal decision confirming a ruling of the Court of First Instance that rejected the plaintiff’s vested rights claims. Background On 11 January 2018 an application was filed for registration of the trademark MONTENT in Classes 35, 38 and 41 by the applicant, who also owned a prior registration for MONTENT… »
News and Events
We Hosted Kadir Has University Law Society Member Students in Our Office
We hosted Kadir Has University Law Society member students in our office. At the event where our lawyers came together with university students; Dilan Sıla Kayalıca, made a presentation about our firm and services.
Gün + Partners Top Ranked by WTR 1000 2023
We have been named as the top tier firm and our 9 practitioners are recognized as the leading individuals in the World Trademark Review (WTR) 1000: The World’s Leading Trademark Professionals 2023. The resource identifies the leading trademark practitioners and firms from around the globe, offering the definitive ‘go-to’ guide for those seeking legal trademark expertise. https://www.worldtrademarkreview.com/rankings/wtr-1000/country/turkey World Trademark Review writes: Hub…
Hande Hançar and Baran Güney Spoke at Özyeğin University
Hande Hançar and Baran Güney made a presentation on ‘’Regulations on Social Media Advertisements’’ at the Advertising Law class where they attended as guest speakers at Özyeğin University.
Our Lawyers Met with ELSA Ankara Members
As part of the "Lawyers @ Work" event, we hosted ELSA (European Law Students Association) Ankara member law students in our office. Our lawyers shared their working in a full service and institutional law firm experience with ELSA Ankara members and answered the questions of the participants about our firm.
İrem Girenes Yücesoy Met with Students at Career Days Organized by Koç University
İrem Girenes Yücesoy, senior associate in our trademarks and designs practice, attended online career days event organized by Koç University Law Club and Career Development Center. İrem Girenes Yücesoy met with university students, talked about career opportunities, employee experience, operating models of our practice areas, and responded to students’ questions.
Dicle Doğan, Spoke on Anti-Corruption Rules in Life Sciences Industry in Turkey at Seton Hall Law School Program
Dicle Doğan, managing associate in our life sciences practice, shared her experience on “Anti-Corruption rules in life sciences industry in Turkey” at Middle East Healthcare Compliance Certificate Program, organized by Seton Hall Law School in Dubai, U.A.E.
Announcement of New Managing Associate and Senior Associate Promotions, 2023
We announce the promotion of our lawyers Baran Güney, Direnç Bada and Yalçın Umut Talay to managing associate; Ahmet Kürşat Yıldız, Atahan Erkul, Cansu Evren, Ezgi Kut and Merve Çimen Sevine to senior associate taking effect from 1 February 2023.
Begüm Yavuzdoğan Okumuş Attended IAPP Europe Data Protection Congress 2022
Begüm Yavuzdoğan Okumuş, partner in our Data protection and privacy practice, was the facilitator of Women Leading Privacy Section Meet-Up at IAPP Europe Data Protection Congress 2022 in Brussels on November 16th. https://iapp.org/conference/iapp-europe-data-protection-congress/
Scholarships and Mentoring Support to 50 University Students and Our Donation to UNICEF Türkiye in Wake of Kahramanmaraş Earthquakes.
To the people of the Republic of Türkiye, We are devastated by the great loss lives and the enormous moral and material destruction caused by the Kahramanmaraş earthquake across the 10 provinces in the affected region. We pray that all those who have passed away may rest in peace, and wish swift recovery, patience and resilience to those rescued and yet to be rescued. We wish the greatest ease in their rescue efforts to the volunteers, and all public and private…
Uğur Aktekin Spoke at 2022 GALA Annual Meeting
GALA is an alliance of lawyers located throughout the world with expertise and experience in advertising, marketing and promotion law. #GALA #advertising https://www.galalaw.com/Events/Article/4528
International Intellectual Property Protection Forum 2022
Our partners, Barış Kalaycı and Zeynep Seda Alhas gave a presentation on “Anti-counterfeiting in Turkey” to the attendees at the IIPPF (International Intellectual Property Protection Forum) on September 27th. We thank the organizers of the Forum and its Secretariat JETRO (Japan External Trade Organization) for their kind invitation to this highly successful webinar as well as their interest in our jurisdiction and expertise.
Hande Hançar Spoke at GALA Global Advertising in an Age of Crisis and Change Event
Hande Hançar spoke at GALA Annual Meeting and GALA Global Advertising in an Age of Crisis and Change Event respectively and discussed The Obesity Crisis and its relationship with HFSS, functional and novel foods advertising regulations.