Insights
Combating Counterfeit and Smuggled Drugs
Foreign pharmaceutical trademarks, in principle, are registered in the name of the companies in the countries where they are established, and trademark protection procedures are managed by those companies. Although affiliates in Türkiye are not a party to trademark protection proceedings, since they become the marketing authorization holders of the drug, they are considered the relevant addressee of the Ministry of Health (“MoH”) in all transactions related to the… »
An Important European Precedent: Legal Consequences of Statements Concerning Competitors and Its Implications for Türkiye
In today’s business world, competition among companies is shaped not only by the quality of their products and services, but also by their communication strategies with the public. However, the legal boundaries of such statements should be carefully determined. Statements made about competitors, particularly in Europe, may constitute “defamation” which are evaluated within the scope of competition law and provisions concerning unfair competition and may lead to serious legal… »
Trademark Applications Made in Bad Faith and the Assessment of Bad Faith in European Union Law Under the CP13 Common Practice in Comparison With Turkish Trademark Law
ABSTRACT Bad faith in EU trademark law is regulated under the EU Trademark Regulation and related directives. According to the Court of Justice of the European Union, bad faith is an autonomous concept of EU law and must be interpreted uniformly across the Union. Although various legislative efforts continue within the EU harmonization framework, amendments to the regulations and directives alone do not ensure consistent and predictable decisions by national trademark offices… »
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… »
Constitutionality of the Turkish Competition Authority’s Power to Conduct On-Site Inspections in Light of the Decision of the Turkish Supreme Court Issued on 23/3/2023
ABSTRACT In Turkish and European Union competition law practices, competition authorities are vested with various powers aimed at protecting competition, by investigating, inquiring, detecting, and terminating competition infringements. The scope and extent of these powers have been the subject of numerous debates and legal cases. Most recently, the Turkish Constitutional Court’s decision issued on 23/3/2023, which ruled that the Turkish Competition Authority’s power to… »
Never Ending Delay for Administrative Revocation of Trademarks
In accordance with Article 26 of the Industrial Property Law (“IP Code”) no. 6769, interested persons may request the Office to revoke a trademark pursuant to paragraph 2 of Article 26 and the decision for revocation of a trademark can be taken accordingly. For a long time, the authority to revoke the trademarks belonged to the IP Courts as regulated by the former Decree Law no. 556 on the Protection of Trademarks. However, with the entry into force of the IP Code on January… »
The Concept of Loss of Rights due to Acquiescence in Trademark Infringement Actions
The acts deemed as infringement of a trademark are listed under Article 29 of the Industrial Property Code No. 6769 (“IP Code”), and the claims that the right holders whose trademark rights have been infringed may request from the courts and that they may assert against the infringing party are detailed in Article 149 of the same Code. Although it is possible for the right holder to assert the claims outlined in the Code against the infringing party as long as the… »
New Regulation on Electronic Maintenance of Commercial Books Not Related to the Accounting of the Business
With the Communiqué on Maintenance of Commercial Books Not Related to the Accounting of the Business in Electronic Form (the “Communiqué”) published in the Official Gazette dated 14 February 2025, it has become mandatory for companies to keep their commercial books not related to the accounting of the business electronically as of July 1, 2025. Books and Enterprises within the Scope of the Communiqué The commercial books, which have been made mandatory to be kept… »
Developments Regarding the Implementation of Share Buyback Programs Initiated by the Board of Directors of Publicly Traded Companies
According to the first paragraph of Article 5 of the Communiqué on Share Buybacks No. II-22.1 (the “Communiqué”), a share buyback program can only be approved by a general assembly resolution. However, an exception to this rule is provided in the fourth paragraph of the same article, which states that a share buyback program may also be approved by a board of directors resolution without the need for a general assembly resolution, in order to avoid an imminent and serious… »
Significant Developments in the Implementation of the Turkish Commercial Code in 2025
Existing Facilitations for Capital Loss and Over-Indebtedness Calculations are Extended until 2026 Article 376 of the Turkish Commercial Code numbered 6102 (the “TCC”) regulates the measures to be taken and the precautions to be implemented by the board of directors of the company, and the procedures to be followed in cases where the company suffers capital loss or becomes over-indebted, to ensure the protection of the financial structure of the company and to secure the… »
The Limits of Colour Combination Trademarks: Insights from the Blue-and-White Colour Combination Case
The case involved a well-known clothing retail company’s blue-and-white colour combination mark, which was opposed by a cosmetics company The courts found that the colour combination lacked distinctiveness for the relevant goods and services The case highlights the PTO’s role in examining colour combinations based on absolute grounds during ex ofcio proceedings Under trademark law, distinctiveness is essential for a mark to function as a source identier, especially when it… »
Jurisdictional Conflicts in Global FRAND Cases and the EU’s WTO Complaint against China for Alleged Violation of TRIPs
Anti-suit injunctions ("ASI") issued by Chinese courts, which prevent parties of proceedings concerning standard-essential patents ("SEPs") from bringing proceedings against each other in different countries, have made the “jurisdiction of the court" a controversial issue. As is known, in the case of SEPs, the first issue that confronts the patent holder and the company implementing the SEP is whether a licence has been asked, offered and/or granted on Fair, Reasonable and… »
News and Events
We Attended the INTA 2025 Policy Dialogue Panel
“INTA 2025 Policy Dialogue: Intellectual Property Rights and the Protection of Public Health: From Counterfeit/Falsified Medicines to Data Exclusivity” panel was held on 24 November 2025, hosted by the International Trademark Association (INTA) and the Association of Research-Based Pharmaceutical Companies (AİFD). The opening remarks were delivered by Uğur Aktekin, our partner and a member of INTA’s Famous and Well-Known Marks Committee. The session “Combating…
Our 2025-2026 Legal Trainees Joined Us
We are pleased to announce that our 2025–2026 legal trainee associates have just commenced their traineeship following successful completion of their exams. We wholeheartedly congratulate and welcome them on board!
2025 Policy Dialogue: Safeguarding Intellectual Property Rights & Public Health
Explore the intersection of intellectual property (IP) and the pharmaceutical sector at the upcoming 2025 Policy Dialogue: Safeguarding Intellectual Property Rights & Public Health: From Falsified/Counterfeit Medicines to Data Exclusivity, taking place in Istanbul on November 24, 2025. This in-person event, hosted by INTA and the Association of Research-Based Pharmaceutical Companies (AIFD), brings together industry leaders, government officials, and legal experts for…
Özge Atılgan Karakulak and Selin Sinem Erciyas will Speak at the Pharma Biotech Patent Litigation Europe Summit
Özge Atılgan Karakulak and Selin Sinem Erciyas, partners in our Life Sciences and Patents and Utility Models practices, will speak at the Pharma Biotech Patent Litigation Europe Summit in Amsterdam, which will take place on January 19–21, 2026. They will speak in the following sessions: Özge Atılgan Karakulak in “Competition Law Review from the Life Sciences Sector: A Review of Recent Court Decisions”, and Selin Sinem Erciyas in “Preliminary Injunction Review for the Life…
Dicle Doğan to Speak at ARTED’s “Anti-Corruption and Interactions with Healthcare Professionals” Training
Our Managing Associate Dicle Doğan, who spoke at the first session of the “Anti-Corruption and Interactions with Healthcare Professionals” training held on November 11, 2025, will once again take part as a speaker on December 2, 2025. The training will serve as an important platform for strengthening ethical standards and fostering transparent and trustworthy relationships across the sector. Participants will gain valuable insights into practical strategies and ethical…
Mehmet Gün, Özge Atılgan Karakulak and Selin Sinem Erciyas are Listed in IAM Global Leaders 2026
We are pleased to announce that our founding partner Mehmet Gün and partners Özge Atılgan Karakulak and Selin Sinem Erciyas, have been recognized as IAM Global Leaders for the year 2026. This prestigious distinction is reserved for individuals who attain the gold tier ranking in the IAM Patent 1000, an authoritative directory that identifies the foremost law firms and attorneys in key patent jurisdictions around the world. This recognition reflects our firm’s commitment to…
Beril Yayla Sapan Delivered a Training Session at TEİD Academy
Our Partner and TEID Board Member, Beril Yayla Sapan, delivered a training session titled “Mobbing, Labor Law Practices, and Ethics” as part of the 18th Term of TEID Academy’s “Corporate Ethics and Compliance Management” Program.
Direnç Bada, Atahan Erkul and Atacan Yılmaz Delivered a Training at the Customs General Directorate Event in Mersin
We had the privilege of participating in the Customs General Directorate event in Mersin, representing more than two dozen clients with the contributions of our Managing Associate Direnç Bada, Senior Associate Atahan Erkul, and Associate Atacan Yılmaz. Following the opening remarks by the Directorate, our Managing Associate Direnc Bada delivered the opening speech on behalf of all right holders, underlining the importance of intellectual property protection — not just for…
Baran Güney, Dilan Sıla Kayalıca and Zeynep Çağla Üstün, are Listed as Rising Star by Euromoney's MIP IP STARS 2025
We are delighted to announce that Baran Güney, Dilan Sıla Kayalıca and Zeynep Çağla Üstün, managing associates in our intellectual property practice, have been recognized as Rising Stars in this year’s IP STARS ranking by Managing IP. Managing IP’s Rising Stars list, recognizes some of the best up-and-coming intellectual property practitioners in private practice who have contributed to the success of their firms and clients.
Baran Güney, Dilan Sıla Kayalıca and Zeynep Çağla Üstün, are Listed as Rising Star by Euromoney's MIP IP STARS 2024
We are delighted to announce that Baran Güney, Dilan Sıla Kayalıca and Zeynep Çağla Üstün, managing associates in our intellectual property practice, have been recognized as Rising Stars in this year’s IP STARS ranking by Managing IP. Managing IP’s Rising Stars list, recognizes some of the best up-and-coming intellectual property practitioners in private practice who have contributed to the success of their firms and clients.
Uğur Aktekin Will Speak at the 2025 Policy Dialogue: Strengthening Brands in Uzbekistan and Beyond
Uğur Aktekin will speak on “Recognizing and Promoting Well-Known Marks: Global Insights from INTA’s Famous and Well-Known Marks Committee” during 2025 Policy Dialogue: Strengthening Brands in Uzbekistan and Beyond event. This event is about practical strategies to combat counterfeit products in Uzbekistan and effective approaches to recognizing and promoting well-known marks in the region, bringing together brand owners, IP attorneys, and rights holders from across…
We are Attending the IBA Annual Conference 2025 in Toronto
We are excited to announce our participation in the International Bar Association (IBA) Annual Conference 2025 in Toronto 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. As an independent law firm recognized internationally among the top-tier legal services providers, we pride ourselves on our strong global…