Insights
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… »
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… »
Fending Off Tactical Patent Invalidation Actions
Filing patent invalidation actions for tactical purposes, such as jeopardizing patent infringement actions of patent owners and gaining time by complicating the infringement proceedings, has become a common strategy of infringers in recent years. With this strategy, the parties infringing the patent may cause the patent owner to suffer due to the inability to enforce their patent as they are entitled to during the limited protection period of 20 years, even if the invalidity… »
SEP: Navigating the Technology-Driven World
Standard-Essential Patents (SEPs) is a concept arising from the interaction between patent rights, which provide exclusive use of an invention and “standards” aimed at the widespread and mandatory use of this innovation in the relevant market. Considering the upward trend in patent litigation arising from SEPs, it would be fair to say that SEP has become patent law’s new buzzword. Licensing SEPs: FRAND Terms Standard Developing Organisations (“SDOs”) determine the technical… »
A New Slant on the Implementation of the Bolar Exemption in Turkish Patent Law
The Bolar Exemption falls under the provision of Article 85(3)/(c) of the Industrial Property Code No. 6769 (IP Code) and regulates the marketing authorisation of pharmaceuticals, the testing and experiments required for this purpose and the exemption of experimental acts involving the patent subject to the invention from the scope of rights protected by the patent. The aim of the Bolar Exemption is to ensure that Gx pharmaceutical products can be put on the market without… »
The First of its Kind: Compensation for Damages Caused by Unfair Preliminary Injunction Decisions in the Pharmaceutical Industry
One must have deep knowledge and experience in many different disciplines to play a role in the solution of complex and multi-layered patent law disputes. One of the most important examples of this situation are compensation actions filed following the abolition of preliminary injunctions in patent disputes related to the pharmaceutical industry. As a matter of fact, the decisions of the courts of first instance and the Court of Appeal in these types of cases give direction… »
Insurance Disputes Comparative Guide
What mechanism do insurance policies usually provide for resolution of coverage disputes? State Courts In Turkish insurance policies, the usual dispute resolution mechanism provided for resolution of coverage disputes is litigation before state courts. As a rule, insurance disputes are resolved before commercial courts. However, insurance disputes regarding maritime law are resolved before specialized courts of maritime and insurances disputes where the insured is a consumer… »
Advertisement Board: Use of Competitors' Trademarks as Keywords Leads to Unfair Competition
Google Adwords / Google Ads, a type of commercial advertising that has emerged as a result of technological developments, allows advertisers to select keywords related to the product or service they offer and to help determine when and where the ad can be displayed. In this context, Google does not automatically prevent the advertiser from using trademarks or commercial names belonging to competitors in their advertisements. In Google Adwords ads, whoever pays the highest… »
Latest Developments on Administrative Revocation of Trademarks!
While the relevant article regulating the transfer of authority to examine the requests for revocation of trademarks to the Turkish Patent and Trademark Office (“the Office”) was not yet entered into force and there were still a level of uncertainty concerning the procedure, the first development in this regard took place on October 23, 2023 when the Office published and opened the “Draft Regulation for Amendment of the Regulation on the Implementation of the Industrial… »
The Draft Regulation About Cross-Border Transfer of Personal Data, Turkish Standard Contractual Terms and Binding Corporate Rules Guidelines
Within the framework of the amendments to the Turkish Personal Data Protection Law (the “Law”), which will come into force on 1 June 2024, the draft regulation on cross-border data transfer was being expected and has now published by the Turkish Personal Data Protection Authority (the “DPA”) for commentary from public in general. For consideration of data controllers and data processors, major issues set forth under the draft regulation are as follows: Cross-Border Transfers… »
Update on Legal Interest, Late Payment Fee and Deferment Interest Rates
Legal Interest Rate According to Article 1 of the Law No. 3095 on Legal Interest and Default Interest (“Law No. 3095”), interests to be paid as per Turkish Code of Obligations and Turkish Commercial Code, shall be made at an annual rate of 12%, unless a different contractual rate is agreed. The president is authorized to adjust this rate on a monthly basis, and to reduce it by up to 10% or increase it up to one time. The legal interest rate was 9% since January 1, 2006… »
Constitutional Court Annulled the Sanction for Non-Attendance to Mandatory Mediation
Article 18/A of the Law No. 6325 on Mediation in Civil Disputes ("Mediation Law") stipulates that, should the mediation process end due to one of the party’s failure to attend the first meeting without a valid excuse, that party shall be liable for all litigation costs, regardless of whether they partially or fully succeed in the subsequent lawsuit. In addition to that, no attorney fee shall be awarded to such party. The Constitutional Court recently examined… »
News and Events
Özge Atılgan Karakulak Spoke at MIP - International Patent Forum 2021
Özge Atılgan Karakulak, partner in our patent and utility models practice, was one of the panellist at the "International IP enforcement and protection post-COVID-19" panel at MIP - International Patent Forum 2021 on Mar 3. https://events.managingip.com/patentforum#March3
Webinar: Fikri Mülkiyet Hukuku ABAD Karar İncelemesi - l: Sky v SkyKick (C-371/18)
Mehmet Gün spoke in Gün + Partners’ breakfast reception in Sydney
Mehmet Gün, our founding partner, and Yuichi Aoki, Senior Advisor of Invest in Turkey were on the stage at the Gün + Partners’ breakfast reception in Sydney on Oct. 11 2017, sharing their insights on recent legal developments and business environment in Turkey.
We are pleased to announce our new partners, Aysel Korkmaz Yatkın and Filiz Toprak Esin, effective from 1 January 2020.
AYSEL KORKMAZ YATKIN Practice Areas Intellectual Property Patents and Utility Models Dispute Management Aysel Korkmaz Yatkın joined the firm in 2008 and became a partner in 2020. She specializes in intellectual property with a special focus on patents and utility models.With almost 12-years of experience on patents, she has been providing consultancy on all matters related to the patent law and has been leading numerous patent…
TESEV Round Table Meeting
Mehmet Gün, our founding partner, shared his ideas on restructuring of justice system during TESEV’s round table meeting in İstanbul, Turkey on Nov 15, 2017.
ANA/BAA Marketing Law Conference
Hande Hançar Çelik, partner and co-chair of our TMT practice, spoke on legal developments in global advertising and its reflection on Turkey at ANA/BAA Marketing Law Conference in Chicago, IL, USA from Nov 13-15, 2017.
AIPPI World Congress
Our partner Ugur Aktekin, co-chair of our IP practice, is attending the 2017 AIPPI World Congress - Sydney. Please contact ugur.aktekin@gun.av.tr if you wish to meet with him. https://lnkd.in/gDYhmmv
Hande Hançar Spoke in IP2017 Conference
Hande Hançar Çelik, partner and co-chair of our TMT practice, has spoken about success story of GlakoLens, developer of contact lens based biosensor technologies, at IP2017 Conference organized by Boğaziçi University in Istanbul, Turkey from Oct 12-13, 2017.
İSTA Meeting
Kurucu ortağımız ve İstanbul Tahkim Derneği (İSTA) Yönetim Kurulu Başkanı Mehmet Gün, İSTA tanıtım toplantısında, derneğin amaçları ve faaliyetleri hakkında konuşma yaptı. http://ista.org.tr/tr
TEİD Seminar
Baris Kalayci, partner and co-chair of our business crimes and anti-corruption practice, has spoken on assessment of whistleblowing during the seminar co-hosted by Ethics and Reputation Society [Etik ve Itibar Dernegi (TEİD)] and Gün + Partners in Istanbul, Turkey on Nov 28, 2017.
Uğur Aktekin Led FICPI-TÜRKİYE General Assembly Meeting
FICPI-TÜRKİYE general assembly convened at its headquarter for the second time, our partner and president of the FICPI-TÜRKİYE, Uğur Aktekin led the meeting in Istanbul on Mar 09, 2018.
Güldeniz Doğan Alkan and Selin Sinem Erciyas spoke in TOBB University of Economics and Technology career days
Güldeniz Doğan Alkan and Selin Sinem Erciyas, partners in our intellectual property practice, visited TOBB University of Economics and Technology career days to share their experience working as a lawyer in Gün + Partners in Ankara on Mar 05, 2018.