Insights
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… »
Turkish Legislation Offers Various Solutions to Tackle Trademark Squatting
Similar as in other countries, trademark squatting is also a common problem which foreign brands face in Türkiye. Trademark squatting creates challenges for market entry and registration of trademarks for foreign companies, as well as leading to dilution of the original trademark. Although there are steps to be taken to better prevent squatters, the current intellectual property (IP) legislation still has effective tools to protect the rights of foreign trademark owners and… »
Turkish PTO Continues to Protect Copyright Holders Against Infringing Trade Mark Applications in Its New Decision
The Turkish Patent and Trademark Office (PTO) has a broad approach and well-established praxis regarding the protection of copyright holders’ rights on fictional works when characters, titles, and associated signs are used in third-party trademark applications. In its recent decision issued in April, the PTO accepted Paramount Pictures’ opposition filed against the trademark application “Don Carpetto”, as shown below, and rejected the registration of the contested application… »
Recent Changes in the Turkish Commercial Code
With the Law no. 7511 Amending the Turkish Commercial Code and Certain other Laws (the “Amendment Law”), which entered into force after being published in the Official Gazette dated 29.05.2024 numbered 32560, amendments are made primarily to the Turkish Commercial Code numbered 6102 (the “TCC”) and other certain laws. We present below the important amendments introduced by the Amendment Law within the scope of the TCC in order to provide convenience to corporate transactions… »
Guidelines on Packaging Information and Instructions for Use of Pharmaceuticals have been Updated
On June 11, 2024, the Turkish Medicines and Medical Devices Agency (“Agency”) announced on its official website that the “Guideline on the Packaging Information and Instructions for Use of Medicinal Products for Human Use”, “Guideline on the Readability of the Packaging Information and Instructions for Use of Medicinal Products for Human Use” and “Guideline on Excipients in the Packaging Information and Instructions for Use of Medicinal Products for Human Use” have all been… »
News and Events
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.
Intellectual Property and Innovation Summit 2022, Europe
Managing IP’s Intellectual Property and Innovation Summit - Europe, took place at The Carlton Tower, London on 15 - 16 June. The event for 2022 focused on innovation and debate the future direction of the IP industry. Multiple tracks were featured, to explore in-depth challenges across all IP practice areas, including patents, brand protection, trademarks, strategy and leadership. Özge Atılgan Karakulak, partner in our patent and utility models practice, spoke at "Stream B:…
Managing IP EMEA Awards 2022 Recognize Gün + Partners’ Copyright and Design Practice Capabilities
Gün + Partners is named as “Turkey Copyright & Design Firm of the Year" at the Managing IP EMEA Awards 2022. Awards are presented to firms, individuals and companies behind the most innovative and challenging IP work of the past year, as well as those driving the international IP market.
Gün + Partners Top Ranked by IP STARS 2022
We are proud to be listed as top tier firm and our five practitioners are listed among trademark stars and patent stars by Euromoney Managing IP’s IP STARS 2022 which is the leading resource for companies or individuals looking for experienced legal practitioners for contentious and non-contentious IP advice. Managing IP has been covering IP law and practice since 1990. https://www.ipstars.com/Jurisdiction/Turkey/Rankings/8546#rankings