Insights
Market Access- Alternative Reimbursement Models
In the presence of alternative reimbursement models such as payback, value-based, indication-based reimbursement, performance-based, etc., developed for drug reimbursement systems throughout the world, the Turkish industry has long required a unique model for price setting where its conditions could be negotiated with the Social Security Institution (SSI), exempt from regular price and reimbursement rules given to innovative products. With the enactment of the Social Security… »
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 Rights in Türkiye: Overview
Patents Requirements to Obtain a Patent 1. Provide a brief definition of a patent, the key legal requirements to obtain it and the law that applies. Conditions for a Patent A patent is an industrial property right that gives the patent owner the right to prevent third parties from certain activities such as producing, using, selling, or importing the product or process that is the subject of the invention for a 20-year period. The applicant must prove the following to obtain… »
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… »
The Turkish Court of Cassation Reminds of the Significance of “Vested Rights” in Two Recent Decisions: Frigo V Frico
Güldeniz Doğan Alkan and Dilan Sıla Kayalıca of Gün + Partners consider the Turkish Court of Cassation’s two recent decisions, underlining the significance of “vested rights” in the Turkish trademark law. The concept of “vested rights” is notable in the Turkish trademark law, as it serves as a strong defense against potential refusal of a later mark because of the likelihood of confusion it may create against an earlier one. In its two recent decisions related to the court… »
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… »
Implementation of Discovery of Evidence in Patent Law
One of the most important temporary protection measures regulated by Turkish law is the determination of evidence. The implementation of determination of evidence, which is regulated in Articles 400 et seq. of the Code of Civil Procedure No. 6100 and is subject to simple legal procedure, may be requested for the purpose of making a discovery, obtaining an expert examination or taking witness statements in order to determine facts that have yet to be examined in a pending… »
News and Events
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.
Dicle Doğan, Has Been Recognized as a Leading Author in the Lexology Legal Influencers
Congratulations to Dicle Doğan for being recognized as a leading author in the Lexology Legal Influencers Q2 2024 for Healthcare and Life Sciences - Europe. Lexology’s Legal Influencers recognize thought leaders in the legal industry each quarter. These recognized Legal Influencers consistently provide Lexology subscribers with useful and insightful legal analysis within specific practice areas, regions, or countries.
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…
Our Electricity Turned "Green"!
Dear Friends and Colleagues, We have great news for you! As of June 2024, we have started using renewable energy sources for the electricity we consume at our headquarters. Prioritizing sustainable environmental policies in our firm’s operations is a part of our action plan that we created to combat climate change. To reduce our offices’ greenhouse gas emissions, we switched the electricity used in our main building in Istanbul to YEK-G certified renewable energy, provided…
Gün + Partners Top Ranked by IP STARS - Patent 2024
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 patent disputes and a tier 2 firm in patent prosecution. Additionally, three of our practitioners have been listed among the patent stars by IP STARS 2024. IP STARS is the leading specialist guide for companies or individuals looking for experienced legal practitioners to deal with contentious and non-contentious intellectual…
Our Partner Güldeniz Doğan Alkan and Senior Associate Cansu Evren Spoke at the PEM Event
Our partner Güldeniz Doğan Alkan and senior associate Cansu Evren spoke at the administrative cancellation of trademarks at the Attorney Consultation Meeting held by PEM in Istanbul on June 7, 2024, and provided the attorneys with their notes and recommendations on this matter.
Güldeniz Doğan Alkan Spoke at the Beyond Digital Borders: Internet Domain Names and Rights Conference
Our partner Güldeniz Doğan Alkan, spoke about "Legal Remedies for Intellectual Property and Personality Rights Violations in the Internet Environment" at the "Combatting Digital Threats: Internet Domain Name Abuse and Measures" session during the "Beyond Digital Borders: Internet Domain Names and Rights Conference" organized by TOBBUYUM & ICANN.
Beril Yayla Sapan Moderated TEİD Technical and Digital Evidence Collection and Intelligence Event
Beril Yayla Sapan, our partner in dispute management practice, moderated the event titled 'The Second Step of a Healthy Ethics and Compliance Program: Collection of Technical and Digital Evidence and Intelligence.' This panel was organized by the Ethics and Reputation Society (TEID) Internal Investigations Working Group and hosted by Gün + Partners.…
Uğur Aktekin and Hande Hançar Spoke at the GIPC Istanbul 2024
Our Partners Uğur Aktekin and Hande Hançar moderated two insightful sessions at the GIPC Istanbul 2024 conference. On the first day, Uğur Aktekin led a session on "IP Law and Enforcement Updates," alongside Mr. Erdem Kaya and Ms. Gizem Çaylı Yasa. They discussed the latest developments and enforcement updates within the Turkish IP ecosystem. On the second day, Hande Hançar moderated a session titled "Technology Transfer of Unprotected Information." Together with…
Hande Hançar Elected as the Chair of the Board of Directors of LES Turkey
We are proud to announce that Hande Hançar has been elected as the Chair of the Board of Directors of LES Turkey, Technology and Licensing Executives Society, for the 2024-2027 term. The mission of LES Turkey is to facilitate the global transfer of technology, the licensing of intellectual property, and the use of intellectual property at high standards within professional business life in accordance with relevant rules and regulations. This is achieved by creating a…
Mehmet Gün, Uğur Aktekin and Pınar Arıkan Have Been Recognized in the WTR Global Leaders 2024
We are delighted to announce that Mehmet Gün, Uğur Aktekin, and Pınar Arıkan have been recognized in the WTR Global Leaders 2024. WTR Global Leaders evaluates law firms and corporate trademark experts according to their expertise and experience in relation to creating, protecting, managing and enforcing essential brand rights, and also their ability to innovate, inspire and go above and beyond to deliver for their…