Insights
Turkish Medicines and Medical Devices Agency Published the Industry Report on Medical Devices
On April 4, 2024, the Industry Report on Medical Devices, prepared by the Turkish Medicines and Medical Devices Agency ("Agency") to present the current state of the market together with recent developments in the medical device industry, was published on the Agency’s website. The Industry Report on Medical Devices includes assessments of global developments in the medical device industry, statistical information on the Turkish market, and explanations of the current… »
How to Evaluate Social Responsibility in Advertisements?
The Advertisement Board ("Board") made a striking decision at its meeting on January 9, 2024. The decision is based on the provision of the Regulation on Commercial Advertising and Unfair Commercial Practices ("Regulation") which emphasizes the necessity of taking economic and social responsibility into consideration in advertisements. The decision in question pertains to the introduction of the collection titled “The Jacket” by the global textile giant Zara on their… »
FILA v EILO: Re-examination and Evaluation Board Carries out Global Appreciation of Visual Aspects of Conflicting Marks
FILA Luxemburg SARL opposed the registration of the figurative mark EILO based on the earlier well-known FILA marks While the Trademarks Department rejected the opposition, the Re-examination and Evaluation Board decided in the opponent’s favour The board notably concluded that the application was similar to the FILA marks in its overall appearance The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office has recently rejected a trademark… »
Artificial Intelligence (AI) and Copyright
AI technologies and generative AI models enabling the creation of original content by processing text, images, sound and other data have been a hot topic of this year. Should the outputs generated by AI be copyrighted work, if so who owns the rights, and copyright infringement by use of AI have been widely discussed. The general rule appears to be that an AI cannot have rights to the works it generates and that only human creativity can enjoy copyright protection. In the… »
Private Mergers and Acquisitions 2024 in Turkey: Overview
Corporate Entities What are the main corporate entities commonly involved in private acquisitions? In the context of private M&As, the most popular company structures among the various types available under the Turkish Commercial Code are: Joint stock companies (JSCs). Limited liability companies (LLCs). The corporate veil principle applies to both JSCs and LLCs. In a JSC: Shareholders can freely transfer their shares to others without the approval of the general… »
Examination of Novelty of Designs in Türkiye
A decision of 29 March 2023 of the General Assembly of the Turkish Court of Cassation has clarified whether the examination of lawfulness of the Turkish Patent and Trademark Office’s decision on absolute novelty of a design is limited to the evidence submitted in the opposition process or whether ex officio examination can be conducted at any phase. Güldeniz Doğan Alkan and Hatice İnci Turan report for Class 99. The facts of the case The design subject to the opposition The… »
Named Patient Program in Turkey
Named Patient Program (“NPP”) is one of the exceptional pharmaceutical importation regimes for products that are not authorized or authorized but unavailable in the Turkish market for various reasons. After numerous allegations in the news that the drugs supplied from abroad and used in cancer treatment were only products containing painkillers and that the products were counterfeit, the Regulation on the Supply of Medicines from Abroad (“NPP Regulation”) was published on… »
Omnibus Law Amends Pharmaceutical Legislation
On 1 March 2024, the Omnibus Law Amending Certain Laws and Decree Law No. 663 (the “Omnibus Law”), which amends certain provisions of the Law No. 1262 on Pharmaceuticals and Medical Preparations (the “Law No. 1262”) and the Fundamental Law on Healthcare Services No. 3359 (the “Law No. 3359”), was published in the Official Gazette numbered 32476. In the general preamble of the Omnibus Law, it was stated that social and economic transformation, rapidly developing technology… »
The Long-Awaited Amendments to the Turkish Personal Data Protection Law Has Been Enacted
The Law No. 7499 on Amending the Code of Criminal Procedure and Certain Laws (“the, which includes the long-awaited amendments to the Turkish Personal Data Protection Law (the “Law”) and is also referred to as the 8th Judicial Reform Package, was published in the Official Gazette dated 12 March 2024 and numbered 32487. Significant changes regarding the processing of sensitive personal data, cross-border transfer of personal data, administrative sanctions and legal remedies… »
Turkish Court of Cassation’s Recent Approach to Public Policy in Enforcement and Setting-Aside of Foreign Arbitral Awards
In general terms, public policy is defined as a set of rules and principles ensuring a smooth conduct of public services, a state’s security and safety, and compliance of the relationship between individuals with the principles of peace and ethics[1]. Due to its conceptual nature and vulnerability to a turmoil of different interpretations, violation of public policy appears as one of the most prevalent counter arguments in enforcement and setting-aside proceedings of foreign… »
New Legislation on IP Infringement on e-Commerce Platforms
Law No. 7416, amending E-Commerce Law came into effect on January 01, 2023. This law obliges e-commerce platforms to take down a product if they receive a legitimate complaint alleging that a violation of intellectual and industrial property rights has occurred on their platform. According to Law No. 7416, the general principle is that the intermediary service provider (i.e., the platform) is not responsible for the illegality of the content offered by the service provider.… »
The Impact of Artificial Intelligence on Trademark Law
The impact of the spread of artificial intelligence (“AI”) technologies can be seen in many areas of law, including trademark law. The rapid development of AI technologies has given rise to the need to re-evaluate some of the basic practices and concepts of trademark law. The first aspect of these developments is the use of AI in trademark application, registration and other related administrative procedures. As can be seen from the Index[1] published by the World… »
News and Events
Our "Key Developments and Predictions for Trademark Law in Turkey" thought leadership paper launched
Our “Key Developments and Predictions for Trademark Law in Turkey” paper discusses the issues surrounding the interpretation and implementation of the key changes introduced by the IP Code. https://lnkd.in/gYnQ3es
Özge Atılgan Karakulak and Selin Sinem Yalıncaklı spoke on in MIP International Patent Forum 2019
Özge Karakulak and Selin Sinem Erciyas, partners in our Patents & Utility Models and Life Sciences practices, shared recent developments in Turkey on use requirement and compulsory license and patent enforcement in government's alternative supply methods at MIP-International Patent Forum 2019 in London on Mar 7. http://www.managingip.com/stub.aspx?stubid=34820
Hande Hançar to be panelist at 3rd Annual Advertising Law in the United States & Around the Globe Seminar
"Hande Hançar Çelik, partner and co-chair of our TMT practice, will be the panellist of ""Launching a Global Advertising Campaign"" panel, at 3rd Annual Advertising Law in the United States & Around the Globe Seminar which will be held in conjunction with Global Advertising Lawyers Alliance's Annual Meeting in New York, USA on March 21-22, 2019. For more details please see:…
Özge Karakulak moderated licensing, pricing and reimbursement processes panel
İlaç, Tıbbi Cihaz ve Sağlık Hukuku ve Patent ve Faydalı Modeller çalışma alanları ortak avukatımız @ÖZGE KARAKULAK moderatörlüğünde @Uluslararası Şeffaflık Derneği (Transparency International Turkey) tarafından 27 Şubat’ta düzenlenen İlaç Sektörü İş Birliği Programı – “Ruhsatlandırma, Fiyatlandırma ve Geri Ödeme Süreçleri” panelinde Funda Ekincioğlu, Dr. Sami Türkoğlu, Fatih Sarıöz ve Erkan Tetik tecrübelerini ve ileriye dönük çözüm önerilerini paylaştı.…
Our new senior associates announcement
"We are pleased to announce the promotions of Ilgaz Önder, İrem Girenes Yücesoy and Umut Tahiroğulları as our new senior associates. Ilgaz Önder, İrem Girenes Yücesoy ve Umut Tahiroğulları'nın kıdemli avukat olarak atandığını duyurmaktan mutluyuz. https://gun.av.tr/our-team/"
Gün + Partners World Intellectual Property Day event invitation
"World Intellectual Property Day You are cordially invited to our World Intellectual Property Day event on April 26 in İstanbul."
Hande Hançar spoke about Turkish advertising regulation
"At 3rd Annual Advertising Law in the United States & Around the Globe Seminar, panellists discussed about legal issues when launching a global advertising campaign. Hande Hançar Çelik, partner and co-chair of our TMT practice, gave tips about the Turkish advertising regulation during the event held in conjunction with Global Advertising Lawyers Alliance's Annual Meeting in New York, USA on March 21-22, 2019. https://gun.av.tr/cv/hande-hancar-celik/"
Özge Atılgan Karakulak will make the opening speech of The Annual IBA World Life Sciences Conference 2019
"Our partner Özge Atılgan Karakulak will make the opening speech as a co-chair of The Annual IBA World Life Sciences Conference (WLSC) 2019. The Life Sciences sector is deeply evolving, with many legal challenges. The IBA WLSC gathers more and more members every year and the 2019 conference will again be the occasion to share views and knowledge, enhance initiatives and contribute to valuing our constantly evolving legal practice on the field.…
Our theme for our World Intellectual Property Day event is “Women in IP, from Creation to Protection of Rights”.
We have set the theme for our World Intellectual Property Day event as “Women in IP, from Creation to Protection of Rights” to encourage participation of women in IP system in respect of innovation, creativity and protection of rights in Turkey. The event was opened with a speech of Professor Rana Sanyal, a scientist and entrepreneur. Our lawyers and world-renowned local and foreign speakers addressed the latest developments in IP law during the panels focused on…
Özge Atılgan Karakulak made the opening speech of IBA World Life Sciences Conference 2019
Özge Atılgan Karakulak, chair of our Life Sciences practice and vice chair of the IBA Intellectual Property and Entertainment Law Committee, co-chaired IBA 7th Annual World Life Sciences Conference, held in Philadelphia, USA. https://www.ibanet.org/Conferences/conf956.aspx
Hande Hançar, TÜRKONFED KOBİ’ler için Gümrük Birliği Projesi Açılış Etkinliği'nde konuşmacı oldu
Ortak avukatımız ve Daha İyi Yargı Derneği yönetim kurulu üyesi Hande Hançar Çelik, TÜRKONFED - Turkish Enterprise and Business Confederation tarafından düzenlenen KOBİ’ler için Gümrük Birliği Projesi açılış etkinliğine panelist olarak katıldı. Türkiye'nin mevcut Gümrük Birliği anlaşmasında Avrupa Birliği ile arasındaki anlaşmazlıkları nasıl çözdüğü, dünyadan ilgili örnekleri ve anlaşmanın güncellenmesi halinde bu anlaşmazlıkların nasıl ele alınacağı hakkında görüşlerini…
Mehmet Gün, Uğur Aktekin, and Özge Karakulak have been listed in IAM Strategy 300
"Congratulations to Mehmet Gün, our founding partner, Uğur Aktekin and Özge Atılgan Karakulak, co-chairs of our Intellectual Property Practice, for being listed in IAM Strategy 300 – The World’s Leading IP Strategists. https://www.iam-media.com/search?search=g%C3%BCn+%2B+partners&order=&directories%5B%5D=4 "