Insights
A Trade mark or a Song? Turkish Court of Cassation Casts Some Light on this Distinction
Article 4 of the Law No. 6769 on Industrial Property indicates that sounds can be registered as trade marks if they are capable of being distinguishable for the goods or services of one undertaking from that of another: “Trademarks may consist of any signs like […], sounds and the shape of goods or their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings and being represented on the… »
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… »
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… »
News and Events
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
Mehmet Gün has been listed in IAM Strategy 300 2022 - The World’s Leading IP Strategists
Mehmet Gün, our founding partner, is listed in IAM Strategy 300 Global Leaders 2022. The research, conducted by IAM, identifies the trailblazing individuals in the development and implementation of world-class IP value creation programmes.
GALA Alcohol Advertising: Europe, Middle East & Africa webinar
Baran Güney discussed current trends and challenges in alcohol advertising at the GALA Alcohol Advertising: Europe, Middle East & Africa webinar on 19st May.
Dicle Doğan and Zeynep Çağla Üstün Shared Their Experiences at LawTudent Career Days
They shared their experiences on "Being a Lawyer in a Corporate Law Firm" at the event.
Gün + Partners pledges support to UNICEF humanitarian aid efforts in Ukraine
We have pledged our support to the people of Ukraine and will be making a significant donation to UNICEF to support humanitarian aid efforts. We are deeply saddened and disappointed by the latest developments in Ukraine. Our immediate concern is the welfare of the Ukrainian people, and we commend them for their bravery, solidarity, and heroic resistance. Security and peace must prevail domestically and internationally, and it can only be secured if countries are governed by…
Zeynep Seda Alhas comments about the counterfeit products in Turkey in The Guardian
Turkey is the third biggest exporter of counterfeit products to the EU after China and Hong Kong, according to data on the value of goods seized. Falls in the value of the Turkish lira and the deterioration of the Turkish economy are further fuelling demand as such items become cheaper to traders buying in euros. Zeynep Seda Alhas, partner in our Anti-Counterfeiting practice shares her comments with Elif Ince for The Guardian article.…
8th Annual IBA World Life Sciences Conference
This event has passed A conference co-presented by the IBA Intellectual Property and Entertainment Law Committee, the IBA Technology Law Committee and the IBA Healthcare and Life Sciences Law Committee The past two years have seen a wide array of scientific discovery and legal issues that affect the development, production, distribution and use of pharmaceuticals, biotechnology products and medical devices as well as ways of providing health services. At record speed the…