Insights
Bolar-Like Hurdle for Generics
Precis: The judgment of the Ankara IP court in a case involving a marketing authorisation application demonstrates that an exemption similar to the so-called Bolar exemption can apply to Gx pharmaceutical companies. Background The so-called Bolar exemption was introduced into Turkish law on 22 June 2004 with an amendment to Patent Decree Law No 551 and was maintained in the IP Code that entered into force on 10 January 2017. Article 85/3(c) of the IP Code rules that… »
Why Compulsory Licensing is a Blunt Instrument in the Post-Covid Landscape
Earlier this year the Turkish minister of health announced that President Recep Tayyip Erdogan had made a compulsory licence decision about the active ingredient molnupiravir. In line with the fact that the decision was made directly by the president, it was understood that the provision of a compulsory licence due to public interest was applied. However, the patent owner was not notified of the presidential decision nor was it publicly accessible, so the terms, the licensee… »
The Dangers of Basing Preliminary Injunctions on Determination of Evidence
Determination of evidence, which is one of the most important temporary legal protection measures regulated in our law, is an institution that ensures the protection of evidence that will assist the proving of the matter. Considering that the adversarial trial process is adopted in our civil procedure law, the significance of the right holder being able to have the evidence which will help them prove their rightness effectively determined, is clear. However, as will be… »
What The Plausibility Requirement Means For Turkish IP Law
Grounds for invalidation of a patent under the Turkish Industrial Property Law (6769) are listed as per the numerus clausus principle. The concept of plausibility – which, in recent years, has been the subject of numerous evaluations (especially by the EPO) and frequently debated in academic circles – has not yet found a place within the scope of any legal regulation in Turkey and there is no consensus on the Turkish word that meets this concept as a legal term. However, 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… »
Possible Effects of a Unified Patent Court in Türkiye
The concept of the Unified Patent Court (UPC) entered the lives of European Patent holders with the UPC Agreement, an international agreement dated 19 February 2013. The Unified Patent Court started operating as of 01 June, 2023. The Unified Patent Court constitutes a big and important step towards unity of the judiciary for European Union member states. The Statistics and Trends Centre of the European Patent Office (EPO) reported that 17,788 unitary effect requests were made… »
Preventing Price Decreases of Original Pharmaceutical Products with Partial Preliminary Injunctions
Timely and appropriately strategized action is key for owners of pharmaceutical patents wishing to maximise benefits of the rights granted to them. The Turkish Industrial Property Code regulates the exemption of patent rights concerning experimental acts regarding the product subject to the invention, as well as marketing authorisation, and the necessary testing and experiments within its scope. In practice, the Courts occasionally erroneously interpret the wording of the law… »
Constitutional Court Finds Data Protection Board’s Administrative Fine Contrary to the Principle of Legality
The Constitutional Court, in its decision dated 27.01.2026 and numbered 2020/32193, published in the Official Gazette dated 16.06.2026, determined that the administrative fine imposed by the Personal Data Protection Board (the “Board”) on a data controller on grounds that the concept of the ‘purpose for which the data was made public’ is not regulated under the law and administrative fine imposed based on the relevant concept violates the principle of legality of offences and… »
Evaluation of Bad Faith in Trademark Applications Under Turkish Trademark Law
Bad faith remains a recurring and complex issue in trademark law, particularly where applications are filed to obtain an unfair advantage, restrict competitors or otherwise misuse the trademark registration system. The assessment of bad faith under Turkish law has developed through legislation and case law, with the circumstances of each application playing a central role. In their article “Evaluation of Bad Faith in Trademark Applications Under Turkish Trademark Law,”… »
Latest Development Regarding Medicinal Product Names – Guideline Regarding the Naming of Medicinal Products for Human Use Has Been Published
The “Guideline Regarding the Naming of Human Medicinal Products” (“Guideline”) was published with an announcement dated 31 July 2026 on the official website of the Turkish Medicines and Medical Devices Agency (“Agency”). According to the information provided in the announcement, the Guideline aims to provide guidance on matters to be taken into account when determining names for medicinal products for human use and outlines the procedures and principles governing the process… »
Bolar Beyond Regulatory Preparation: EU Pharma Package, Türkiye’s Experience, and TRIPS Compliance
The Bolar exemption was originally conceived as a limited mechanism enabling generic and biosimilar manufacturers to complete the regulatory steps necessary to enter the market immediately after patent expiry. The EU Pharma Package now seeks to broaden the exemption substantially, both in terms of the activities covered and the parties entitled to rely on it. This development invites a re-examination of Turkiye’s long-standing – and already notably broad – interpretation of… »
Rights Holders not Liable for Customs Storage of Criminally Seized Counterfeits
A final Turkish judgment has held that a trademark owner cannot be charged storage fees arising from the custody of counterfeit goods after they have been seized in criminal proceedings. Significantly, the court found that the trademark owner was the victim of the infringement and that the proper addressee of the storage fees was the owner of the counterfeit goods. Background The dispute concerned 264,740 units of counterfeit Colgate toothpaste weighing approximately 27.7… »
News and Events
Gün + Partners Top Ranked by IP STARS 2026
We are proud to announce that Gün + Partners has been ranked as a top-tier IP law firm by Managing IP’s IP STARS 2026! Our team is recognized as a top-tier practice for trademark disputes, trademark prosecution, and copyright & related rights. Mehmet Gün, Uğur Aktekin, Hande Hançar, and Zeynep Seda Alhas have been listed among the Trademark Stars by IP STARS 2026. A special congratulations to Hande Hançar for being recognized among the Top 250 Women in IP in the 2026…
Proud to Announce Our Recognition in Lexology Index 2025 - 2026
We are pleased to announce that 13 lawyers and attorneys from Gün + Partners have been recognized in Lexology Index 2025 - 2026 across key work areas including Healthcare & Life Sciences, Intellectual Property, Commercial Litigation, Telecoms, Media & Entertainment, M&A and Governance, Data Privacy & Protection, and Information Technology. The following Gün + Partners practitioners have been recognized: Mehmet Gün, Senior PartnerHealthcare & Life…
DPO Club Session 02 Was Hosted by Gün + Partners
We hosted DPO Club Session 02: Liability of E-Commerce Platforms Following the Constitutional Court Decision, organized by Data Privacy Türkiye, at Gün + Partners.…
Gün + Partners Participated in Customs Training on IP Rights Protection for the Automotive Sector
We were pleased to participate in the "Automotive Sector – Customs Training on the Protection of Intellectual Property Rights", organized by the Customs General Directorate at the Türkiye Exporters Assembly (TİM) Conference Hall in Istanbul on June 25, 2026.…
Gün + Partners Visits Istanbul Modern’s “Semiha Berksoy: The Aria of All Colors” Exhibition
Yesterday, we visited the “Semiha Berksoy: The Aria of All Colors” exhibition at Istanbul Modern. Semiha Berksoy was not only Türkiye’s first female opera singer, but also one of the powerful symbols of the Republic’s cultural transformation. Seeing opera, theatre, cinema, and painting not as separate disciplines but as parts of a single creative world, Berksoy played the leading role in Özsoy, the first Turkish opera staged in Türkiye, became one of the first Turkish…
We Have Been Recognized in the WTR Global Leaders 2026
We Have Been Recognized in the WTR Global Leaders 2026. We are proud to announce that Mehmet Gün, Güldeniz Doğan Alkan, Hande Hançar, Uğur Aktekin, Zeynep Seda Alhas and Pınar Arıkan have been recognized in the WTR Global Leaders 2026. WTR Global Leaders brings together the world’s foremost law firm and corporate trademark experts, allowing the wider community to benefit from their insight, experience, and perspectives.
Gün + Partners Ranked in the IAM Patent 1000 - The World's Leading Patent Professionals 2026
The 2026 edition of the IAM Patent 1000: The World’s Leading Patent Professionals has been released. We are proud to announce that we have been recognised as the top tier firm and our 8 practitioners are recognized as the leading individuals in the IAM Patent 1000 - The World's Leading Patent Professionals 2026. The IAM Patent 1000: The World’s Leading Patent Professionals is the definitive resource for identifying world-class, private practice patent expertise. The 2026…
Beril Yayla Sapan Featured as Speaker at TEİD Panel – From Silence to Justice: How Should Corporations Investigate Allegations?
We are pleased to share that our Partner and TEİD Board Member, Beril Yayla Sapan, shared her expertise and insights at the panel discussion titled "From Silence to Justice: How Should Corporations Investigate Allegations?". The event was organized by the Ethics and Reputation Society (TEİD) Internal Investigations Working Group on April 21st. Click here for details: https://www.linkedin.com/feed/update/urn:li:activity:7455536332195549185
We are attending London International Disputes Week (LIDW) 2026
We are pleased to announce that our partners, Beril Yayla Sapan and Asena Aytuğ Keser, will be representing Gün + Partners at London International Disputes Week (LIDW) from June 1st to 5th. Our team is looking forward to connecting with colleagues from across the globe to discuss the evolving landscape of cross-border litigation and arbitration. If you are attending and would like to catch up or coordinate a meeting, please feel free to reach out to Beril or Asena.
We are Attending the 12th Annual IBA World Life Sciences Conference in Lisbon
We are pleased to announce our participation in the 12th Annual IBA World Life Sciences Conference, held in Lisbon from 3–5 June 2026. This year’s agenda addresses the life sciences industry's most pressing challenges, from AI data rights and global patent litigation to M&A strategies in uncertain markets. Our partner, Özge Atılgan Karakulak and managing associate Zeynep Çağla Üstün will be representing Gün + Partners. Özge Atılgan Karakulak, will serve as a conference…
We Are the "Firm of the Year" by Managing IP EMEA Awards 2026
Gün + Partners was awarded the Türkiye Trademark Disputes Firm of the Year at the Managing IP European, Middle East, and Africa (EMEA) Awards 2026. The Managing IP Awards programme recognises remarkable intellectual property achievements and developments in the last year. The awards cover several IP practice areas and more than 50 jurisdictions.
We are Attending the 10th IBA Global Entrepreneurship Conference in Vienna
We are pleased to announce our participation at the 10th IBA Global Entrepreneurship Conference, which will be held in Vienna on 17-19 May 2026 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…