Insights
The Most Remarkable Competition Law Issue of Recent Years: Competition Violations in Labor Markets
With the on-site inspections and investigations conducted by the Competition Board (“Board”) in recent years, against innovation-oriented technology companies, pharmaceutical companies, and companies operating in the information technology sector due to competition violations in labor markets, a need has arisen to provide clarity regarding the application of the Law on the Protection of Competition (“Law”) to labor markets and how anti-competitive agreements that restrict… »
Second Round of Comments on Draft Regulation For Pharmaceutical Promotions
In the second quarter of 2024, the Turkish Medicines and Medical Devices Agency (the “Agency”) published an announcement on its website, opening the Draft Regulation on the Promotional Activities of Human Medicinal Products and Food for Special Medical Purposes (the “Draft”) for external comments. Significant amendments proposed in the initial version can be reviewed by clicking here. Updates have been made to the Draft based on the opinions of sector stakeholders. The… »
Infinity Case Highlights Importance of Global Appreciation
The Court of Cassation has approved the First Instance Court’s decision in a case involving several INFINITY marks, shedding light on the principle of global appreciation of trademarks in the similarity examination. Background On 8 January 2018 the applicant filed an application to register the trademark depicted below for “flying services by means of paragliding” in Class 41 before the Turkish Patent and Trademark Office (PTO): After the application was published in… »
The Supervisory Power of The Re-Examination and Evaluation Board
It is observed that the supervisory power of the Re-examination and Evaluation Board (“Higher Board”), which is in charge of examining and finalizing appeals against the decisions taken by the Turkish Patent and Trademark Office (the “Office”) regarding the registration of IP rights, is in the form of a review of expediency. This issue is regulated in paragraph 4 of Article 6 of the Regulation on the Turkish Patent and Trademark Office Board of the Re-examination and… »
From Plant to Pill: Introducing Cannabis to the Pharma Industry
The Regulation on the Cultivation and Control of Cannabis for the Production of Active Pharmaceutical Ingredients ("Regulation") prepared by the Ministry of Agriculture and Forestry (“Ministry”) was published and came into force upon being published in the Official Gazette numbered 32661 dated 13 September, 2024. The Regulation includes provisions on the control, harvesting, evaluation, processing, disposal, display, export and/or purchase/sale of cannabis cultivation for the… »
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… »
IP Rights 2024 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… »
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… »
News and Events
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…
Begüm Soydan Sayılkan Spoke at the Institute of Art Law - Law&Art Academy Trainings
Begüm Soydan Sayılkan, senior associate in our intellectual property practice, made a presentation on “Damages Awards in Copyright Infringement Cases” at the Law&Art Academy trainings of “The Institute of Art Law”.
Gün + Partners Top Ranked by WTR 1000 2022
We are pleased to announce that we have been named as the top tier firm and our 8 practitioners are recognized as the leading individuals in the World Trademark Review (WTR) 1000: The World’s Leading Trademark Professionals 2022. The resource identifies the leading trademark practitioners and firms from around the globe, offering the definitive ‘go-to’ guide for those seeking legal trademark expertise.…
We Are Proud to Be Ranked in the GDR 100 2022
We are proud to be ranked in the GDR 100 2022 for the second time in a row. The GDR 100 captures the capabilities, track record and market reputation of the leading firms in all areas of data law including but not limited to privacy, data protection, data localization, B2B disputes about data acquisition and breach responsibility, and antitrust. https://globaldatareview.com/survey/gdr-100/2022
Selin Sinem Erciyas and Zeynep Çağla Üstün Spoke at Bilkent University
Selin Sinem Erciyas and Zeynep Çağla Üstün made a presentation on "IP Rights and Patent Rights on Covid-19 Vaccines" at the 10th Law Students' Forum of Bilkent University.
Barış Kalaycı Spoke at Automechanika Academy and OSS Panel
Barış Kalaycı, partner in our anti-counterfeiting practice, spoke on "Battle Against Counterfeit Products" at Automechanika Academy and Turkish Automotive Aftermarket Association ("OSS") panel. https://automechanika-istanbul.tr.messefrankfurt.com/istanbul/en/themes-events/academy.html