Insights
New Exemption for Procurements of the State Supply Office
With the Law No. 7491 published in the Official Gazette dated 28 December 2023, an additional article 12 was added to the Public Procurement Law (the “Law”). Accordingly, a new exemption has been introduced for procurements of vehicles, vehicle renting, fuel, medicines, medical supplies and medical devices which are to be made by the General Directorate of State Supply Office (“DMO”) on behalf of the administrations. Current Exemptions There were already some exemptions in… »
Turning the Turkish Tide on Rising Tactical Patent Invalidation Actions
Filing patent invalidation actions for tactical purposes such as jeopardising patent infringement actions of patent owners and gaining time by complicating the infringement proceedings has become a common strategy of infringers in recent years. This strategy may cause the patent owner to suffer due to the inability to use its patent properly during the limited protection period of 20 years, even if the invalidity claims do not have a solid basis and they are filed on a ‘try… »
Guideline on The Processing of T.R. Identity Numbers Published By The Personal Data Protection Authority
Within the scope of the Law No. 6698 on the Protection of Personal Data ("Law"), the Turkish Republic Identity Number ("T.R. ID Number") information of individuals is not included in the category of sensitive personal data, but rather is evaluated within the scope of identity data in the general category of personal data. However, in practice, the direct processing of the T.R. Identity Number data while the same data processing purpose could be achieved by processing… »
Changes to Minimum Wage, Severance Payments and Administrative Fines in 2023
At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. This article provides an overview of the 2023 changes, which came into effect on 1 January 2023. Minimum wage In 2022 the monthly minimum wage rate was 5,004 Turkish liras (gross), which was increased to 6,471 Turkish liras (gross) as of 1 July 2022. As of 1 January 2023, this has increased to 10,008 Turkish liras (gross). The minimum wage… »
Turkey's New Trademark Revocation System: Administrative Changes Effective January 2024
Administrative revocation will be possible before the Office as of 10 January 2024. According to Article 9 of the Industrial Property Law No. 6769 (“IPL”), if a trademark is not used in five years as of its registration date or its use is suspended for a consecutive period of five years; it will be vulnerable to revocation due to non-use. Revocation of trademarks based on non-use were traditionally filed as a court action before the specialized IP courts under the previous… »
EUROPATENT Case Considers Re-examination and Evaluation Board’s Discretion to Examine Absolute Grounds for Refusal
This long-running case went all the way to the Court of Cassation The Trademarks Department had partially refused the application for EUROPATENT on the grounds of descriptiveness and lack of distinctiveness; the board then decided ex officio to refuse the application for all the services applied for, citing additional grounds for refusal The case was analysed under the provisions of the now-repealed Decree Law No 556, which was in force at the relevant date Absolute… »
The Decision Of The Constitutional Court On The Administrative Fine Imposed By The Personal Data Protection Board
The Constitutional Court in its decision dated 12.10.2023 and numbered 2020/7518, published in the Official Gazette dated 15.12.2023, determined that the deficiencies in the proceedings against the administrative fine imposed by the Personal Data Protection Board (the “Board”) on a global hotel chain (the “Applicant”), in which the Board determined to have violated its obligations to ensure data security, violated the Applicant’s right to property. Within this framework, the… »
PTO Prepares for Administrative Revocation of Trademarks
Article 26 of the Industrial Property Code, which grants the PTO the authority to revoke trademarks, will come into force on 10 January 2024 The PTO has recently released a draft regulation for comment The draft regulation includes procedural details on how revocation requests will be made before the PTO Background The Industrial Property Code No 6769 (IP Code), which entered into force on 10 January 2017, provides that the Turkish Patent and Trademark Office (PTO) has… »
Determination of Royalty in Case of Compulsory License
The institution of “compulsory licensing”, which is regulated firstly in Article 99 of the repealed Decree-Law No. 551 and then, under Article 129 et seq. of the Industrial Property Law (“the IP Code”) in force, as a reflection of TRIPS Article 31, has not been needed to be implemented for long years in our country [Turkey]. However, with the outbreak of the COVID-19 pandemic, it has suddenly gained popularity since it is regarded as a “convenient” tool for abrogating patent… »
Declaration on Use of Patent and Compulsory License
The new IP Codenumbered 6769 abolished the provisions on “the use requirement of patents” and “the evidence of use” of the Decree-Law About the Protection of Patent Rights. The IP Code now focuses on the requirements of use for patents within the provision of a Compulsory License. Accordingly, a patent owner must use the patented invention within three years following the publication of its granted decision in the Official Bulletin (‘the Bulletin’) or within four years from… »
Similarity of Short Trademarks: Patent and Trademark Office Deviates From Practice in Groundbreaking Decision
Minor alterations were previously considered sufficient for consumers to distinguish between short marks The PTO recently held that the word mark M + PLUS was similar to the opponent’s series of earlier M marks The office diverged from standard practice in a decision that focused on the overall impression made by the marks on consumers Background When the Turkish Patent and Trademark Office assesses whether two signs are confusingly similar under Article 6/1 of the… »
New Law on E-Commerce Obliges Platforms to Remove Infringing Content
A new law (No 7416) regarding e-commerce ― announced in the Official Gazette dated 7 July 2022, and coming into effect 1January 2023 ― will oblige sites to take down a product if they receive a legitimate complaint arguing that there is a violation ofintellectual and industrial property rights on their platform. The basic regulation concerning the responsibilities of e-commerce sites regarding the content that they host was included inLaw 5651 on the Regulation of Internet… »
News and Events
Özge Atılgan Karakulak Listed in Top 250 Women in IP
Özge Atılgan Karakulak, partner in our life sciences and patent and utility models practices, is listed in Top 250 Women in IP 2021 by Euromoney's Managing IP. The publication recognises 250 senior female IP practitioners in private practice who have performed exceptionally for their clients and firms in the past year.
INTA Pre-Annual Meeting Reception 2022
This reception is planned exclusively for you and your colleagues to learn more about INTA’s upcoming 2022 Annual Meeting Live+. Feel free to bring a friend, colleague, or prospective member to find out more about this year's educational program, Business Development offerings, and more. Plus, learn about all the benefits of being or becoming an INTA member!
Özge Atılgan Karakulak Listed in Top 250 Women in IP 2022
Congratulations to Özge Atılgan Karakulak to be recognised as Managing IP's Top 250 Women in IP 2022 edition. This special publication recognises some of the senior female IP practitioners in private practice who have performed exceptionally for their clients and firms in the past year.
Barış Kalaycı spoke in Pharmaceutical Trade Marks Group 99th Conference
"According to latest annual report of Pharmaceutical Security Institute, medicines intended for Turkish market were identified in 198 new incidents that were detected in 44 countries located in seven different regions of the world, thus, Turkey is now considered as one of the global suppliers of diverted and counterfeit medicines. Baris Kalayci, chair of our anti-counterfeiting practice, spoke on ""Fighting Counterfeit and Diverted Medicines in and from Turkey"" at…
Better Justice Association, Structural Reforms Summit
"Kurucusu olduğumuz Daha İyi Yargı Derneği çatısı altında ülkemizin daha iyisini ve ilerisini gerçekleştirmesi için çalışıyoruz. Daha İyi Yargı Derneği’nin TÜRKONFED ile birlikte 24 Ekim 2019’da Ankara’da düzenlediği zirvede Yapısal Reform, hukukun üstünlüğü ve hesapverirlik önerilerimizi paylaşacağız. Detaylı bilgi ve kayıt için tıklayınız: http://www.dahaiyiyargi.org/haberler-duyurular/yapisal-reformlar-zirvesi-24-ekimde-ankarada/"
World Trademark Review (WTR) 1000 2021 Rankings Are Announced
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 2021. WTR 1000 focuses exclusively on trademark practices and practitioners, has established itself as the definitive ‘go-to’ resource for those seeking world-class legal trademark expertise.…
Webinar: World IP Day - IP and Youth: Innovating for a Better Future – Trademarks and Copyrights Perspective
Gün + Partners celebrated the World IP Day with webinars. Enjoy the fireside chat between Ugur Aktekin and our guest Ashli Weiss Uğurlu discussing IP and Youth: Innovating for a Better Future – Trademarks and Copyrights Perspective. Topics How Ashli, as a young and passionate IP lawyer, has used IP as an innovative tool while building her own career How young entrepreneurs shall benefit from IP, in particular trademarks and copyrights, while starting up their…
Announcement of New Managing Associate and Senior Associate Promotions, 2022
We are pleased to announce the continued growth of our firm with the promotion of Cansu Akbıyıklı to managing associate, Emine Taşkıran and Fatma Sevde Tan to senior associate taking effect from 1 March 2022.
Asena Aytuğ Keser Is Promoted as Managing Associate
We are pleased to announce the promotion of Asena Aytuğ Keser as our new managing associate. Asena has been with Gün + Partners since 2011. She specializes in dispute management, employment, business crimes and anti-corruption, and insurance and reinsurance practices. Asena advises and represents clients in various commercial disputes before courts and arbitral tribunals, including high profile compensation cases, M&A and shareholders disputes, insurance disputes, and…
Mehmet Gün and Pelin Baysal to speak in Turkish-Ukrainian Infrastructure Forum
"Mehmet Gün, our founding partner and Pelin Baysal, co-chair of our dispute management practice will be panellists at ""Turkish-Ukrainian Infrastructure Forum: Creating Opportunities Together"" on November 13 at Fairmont Grand Hotel, Kyiv, Ukraine, organized by our firm Gün + Partners together with Ukrainian Arbitration Association (UAA), International Turkish Ukrainian Businessmen Association (TUID) and Integrites. Click below for…
Beril Yayla Sapan and Edanur Atlı Introduced Gün + Partners at Bilkent University’s 10th Law Students Forum
Our lawyers Beril Yayla Sapan, partner and a graduate of Bilkent University Faculty of Law, and Edanur Atlı attended the 10th Law Students Forum organized by Bilkent University Career in Law Club on Sunday, February 27, and introduced our office.
Mehmet Gün Spoke at the Better Justice Association Conference
Mehmet Gün, president of Better Justice Association, spoke on the the innovative solutions they developed for the judicial system of Turkey at the "Turkish Judicial Reform A to Z" Conference.