Insights
Inventorship of AI and Türkiye’s Position
Artificial intelligence has begun taking over roles normally performed by humans with little difficulty, including the act of inventing. As a result, debates on whether artificial intelligence can be the owner of an invention have emerged across the global and are likely to open many novel discussions. The debate on whether an artificial intelligence system can be an inventor began after the development of DABUS, the artificial intelligence system developed by Dr. Stephen… »
EU Pharmaceutical Package - EU Pharmaceutical Legislative Reform and its Impact on Türkiye
On 26 April 2023, the European Commission (the “Commission”) adopted a proposal for a new Directive and Regulation (the “Proposal”) which revise and replace the existing general pharmaceutical legislation. The proposal adopted by the Commission replaces the existing general pharmaceutical legislation (Regulation 726/2004 and Directive 2001/83/EC) and the legislation on pharmaceuticals for children and rare diseases (Regulation 1901/2006 and Regulation 141/2000/EC… »
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… »
News and Events
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.
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.
Mehmet Gün will speak in ICC – Turkey Arbitration Day Conference
Mehmet Gün, our founding partner, will speak on “Dispute Resolution in Turkey: Threads and Opportunities” during ICC – Turkey Arbitration Day Conference in İstanbul, Turkey on Feb 09, 2018.
DETTO - Dokuz Eylül Teknoloji Transfer Ofisi
Aysel Korkmaz, managing associate in our intellectual property practice, has spoken on patent protection in pharmaceutical product and second medical use claims, relationship between patent and marketing authorization, and cases during the InventUP Health Program hosted by DETTO - Dokuz Eylül Teknoloji Transfer Ofisi in Izmir, Turkey on Jan 16, 2018.
Selin Sinem Erciyas moderated FICPI - TÜRKİYE roundtable meeting
Selin Sinem Erciyas, partner in our intellectual property practice and vice-president of FICPI - TÜRKİYE, has moderated first roundtable meeting of FICPI - TÜRKİYE in İstanbul, Turkey on Jan 12, 2018.
Gün + Partners have won Who’s Who Legal Country Firm of the Year Award for Turkey 2018
We are delighted to announce our firm has been awarded the Who’s Who Legal Country Firm of the Year Award for Turkey in 2018 once again. http://whoswholegal.com/awards/countrystate/
Özge Atılgan Karakulak has been named as Top 250 Women in IP 2018 by Managing IP
Congratulations to Özge Atılgan Karakulak, chair of our Life Sciences Practice, for being named Top 250 Women in IP 2018 by Managing IP: http://www.managingip.com/Article/3802643/The-Top-250-Women-in-IP-2018.html
Turkey’s New IP Code and Key Changes for Trademarks İstanbul Seminar
Turkey’s New IP Code and Key Changes for Trademarks Seminar was hosted by Gün + Partners in İstanbul on Apr 13, 2018. Uğur Aktekin, Hande Hançar Çelik, Barış Kalaycı and Güldeniz Doğan Alkan, partners in our IP practice shared their experiences.