Insights
Dilution of Well-known Mark and Applicant’s Bad Faith: PTO Issues Exemplary Decision
The Trademarks Department granted broader protection to the well-known SINGER mark, refusing an application including the term ‘Singer’ in Class 1 The decision examined the conditions for dilution of a well-known mark under Article 6/5 of the IP Code The well-known status of the SINGER mark, as well as the word and graphic elements in the application, played a role in deciding on the applicant’s bad faith The Trademarks Department has decided that the application for… »
The Effect of COVID-19 Outbreak on Deadlines in Protection of Intellectual and Industrial Rights
Following the enactment of The Law on Amendment of Certain Laws No. 7226 (“Law”), which entered into force upon publication in the Official Gazette dated 26 March 2020, the terms determined as per the Industrial Property Code (“IP Code”), applied either by the Turkish Patent and Trademark Office (“Office”) or before the relevant courts as statute of limitations for filing lawsuits, has been suspended. As per the Law, all terms suspended for the period between March 13, 2020… »
COVID-19’s Impacts on Criminal Raids and Customs Suspensions Based on Trademark Infringement
1. Are there specific measures taken at the courthouses due to COVID-19? YES. The courthouses across the country are open and active – yet; As per the decisions of the Directorate of Administrative Affairs of the Presidency, the public employees – which covers judges, prosecutors and further courthouse personnel - who are pregnant, taking breastfeeding leave, disabled, over 60 years old (except managers), or those having a chronic disease, will be deemed on administrative… »
Combating Counterfeit Hygiene Products, Along With COVID-19
Turkey’s first official diagnosis of COVID-19, which is considered to have begun in China’s Whuan city in December 2019 and which has spread to millions worldwide in the following months, was announced on 11 March 2020. Following the first case reported in Turkey and basically due to sudden increase in the demand for products such as masks, disinfectants, detergents; a direct increase has also been observed in the supply of counterfeit products to the market, which are… »
The Benefits of Filing a Criminal Case Based on Trademark Infringement for Counterfeit Products Subjected to the Crime of Smuggling
Turkey’s geographical location and dynamic population make Turkey an important market for smuggled products and one of the major transit countries. In its most basic definition, a smuggled product corresponds to the products entering the country without permission or with underreporting/false declaration. Products subject to the crime of smuggling comprise a wide range of sectors from pharmaceuticals to tobacco and alcohol products, from textiles to phones and car components.… »
Challenges and Opportunities When Combatting Counterfeits in Turkey
It is not a secret that Turkey has an important geographical location for production and sales of counterfeit products as well as the ones in transit. Most of the smuggled products entering Turkey also turn out to be counterfeits. This requires brand owners to take an active role in Turkey to combat the counterfeits, cover all possible basis, and also seek alternative and creative approaches. There are certain civil and criminal actions that can be taken while combatting… »
Turkish Court of Cassation’s Recent Decision on Search and Seizure Orders is Strengthens the IP Owners’ Position
In Turkey, following the criminal complaint route against counterfeits is very effective, yet several criminal courts are becoming rather hesitant to grant search & seizure warrants. The most problematic courthouse in this respect has been Istanbul Courthouse for quite some time and this courthouse is very important as its jurisdiction covers very significant locations for brand owners, such as Grand Bazaar, Taksim, Tahtakale etc.. The criminal courts of Istanbul… »
The Protection of European Patents in Turkey and the Compensation of Damages
Pursuant to the Regulation Indicating the Implementation of the European Patent Convention Regarding the Grant of European Patents in Turkey (the Regulation), a European patent application in which Turkey is designated is accepted as a national Turkish patent application starting from the moment an application number is given by the EPO. Once the application is filed before the EPO, the patent owners normally pursue the procedure before the EPO and then, once the patent is… »
An In-depth Analysis of Inventorship of AI and Turkey’s Position
In recent legal debates, the patentability of AI-generated inventions has been contentious. Historically, only humans have been considered inventors, anchored in notions of personhood and intellect. Yet, in a bold move, South Africa and Australia’s Federal Court recognized AI, specifically DABUS, as a potential inventor in 2021, defying conventional views. Proponents argue that this accommodates modern innovation trends, while sceptics raise concerns about ownership rights… »
Türkiye's Update: Key Changes in Named Patient Program
Pharmaceuticals not authorized in Turkey or authorized pharmaceuticals not available in the market, shall be procured from abroad as per a special authorization (named patient program) in cases where patients require such pharmaceuticals. While this exceptional import regime for pharmaceuticals was until recently regulated by the Medicines and Medical Devices Agency ("Agency") through guideline, the Regulation on Supply of Pharmaceuticals from Abroad ("Regulation") was… »
New Electric Vehicle Import Regulations in Turkey
The Ministry of Commerce, aligning with the European Union and the Free Trade Agreement frameworks, has introduced some regulations for importing electric vehicles. On November 29, 2023, the Communiqué on the Import of Some Electric Vehicles (the “Communiqué”) was published on the Official Gazette. The Communiqué serves the purpose of regulating the import of electric vehicles belonging to non-European Union member states and Free Trade Agreement non-signatory states… »
Announcement on Products Not Evaluated as Medical Devices
On 30 October 2023, the Turkish Medicines and Medical Devices Agency (Agency) published an announcement (Turkish language) regarding products that are not considered within the definition of medical device or the scope of the legal framework. The Agency stated that, while some products which were considered medical devices or in vitro diagnostic devices under the legislation repealed by the EU Regulations 2017/745 and 2017/746 are excluded from the scope of the medical device… »
News and Events
Burcu Sucuka Is Outlining the Use of a Patent and Declaration of Use in Turkey
The use requirements in Turkey and submitting evidence for proving the use of a patent are the subjects about which we receive questions from our clients the most. In our video, Burcu Sucuka is outlining the use of a patent and declaration of use in Turkey. Further details are available in our thought leadership paper. https://gun.av.tr/thought-leadership/patent-law-in-turkey-key-developments-and-predictions-2021
Our IP Partners Are Listed in WIPR Leaders 2021
Mehmet Gün, Aysel Korkmaz Yatkın, Güldeniz Doğan Alkan and Uğur Aktekin, partners in our intellectual property practice, are listed in the WIPR Leaders 2021 from Turkey. The guide profiles the leading IP executives across the world. The handbook lists over 1,700 lawyers across patent, trademark, and copyright practices after a four month nomination period in which they sought views from 12,000 IP professionals. In order to reach the WIPR Leaders 2021 please click here.
Announcement of 2021 Lawyer Promotions
We are pleased to announce the promotions of Begüm Soydan and Direnç Bada as our new senior associates. https://gun.av.tr/people
Hande Hançar Is Giving "IP Law" Course at TOBB University during 2020-2021 Academic Year
Hande Hançar, partner in our IP practice, is giving "IP Law" course at TOBB University of Economy & Technology, Faculty of Law as a visiting lecturer during 2020-2021 academic year Fall semester.
Baran Güney to Speak at the Sectoral Orienteering Event
Baran Güney, senior associate in our TMT practice, will evaluate the legal framework of Advertisements on Social Media at the Sectoral Orienteering event organized by Özyeğin University. https://so.ozyegin.edu.tr/tr/so22-bahar
Dicle Doğan Has Been Listed Among Euromoney Expert Guides - Rising Stars 2022
We are delighted to see Dicle Doğan, managing associate in our life sciences practice, has been listed among Euromoney Expert Guides - Rising Stars 2022. Expert Guides identifies the world’s leading lawyers, advisers and legal practitioners based on extensive peer review. https://www.iflr1000.com/NewsAndAnalysis/Expert-Guides-Rising-Stars-2022/Index/13724
Mehmet Gün to moderate "Managing the dispute" panel at GC Summit Turkey
"Mehmet Gün, our founding partner will be moderating the panel on ""Managing the dispute"" at GC Summit Turkey by The Legal 500 (Legalease) in Istanbul on Sep 26, 2019 with the panellists Emre Derman, Board member of Akbank and Turcas and Andrew Savage, Partner of McDermott Will & Emery. Click below for more information: https://lnkd.in/dFBXUp2"
Congratulations to Our Lawyers Recognized by WWL, They Have Listed Among the Best Lawyers in Their Expertise
Congratulations to our lawyers recognized by WWL, they have listed among the best lawyers in their expertise.WWL findings are based on recommendations and feedback from eminent private practitioners in the sector or industry in question as well as from corporate counsel or other clients who have worked closely with the nominees. Over the past 23 years, WWL is one of the most trusted resources for in-house counsel, government, agency and other legal practitioners seeking to…
Our 2022-2023 Legal Interns Joined Us
Congratulations and a warm welcome to our 2022-2023 legal interns!
Dicle Doğan Has Been Awarded as Rising Star by Euromoney Legal Media Group's "Rising Stars Europe Awards 2020"
Dicle Doğan, managing associate in our life sciences practice, has been awarded as rising star by Euromoney Legal Media Group's "Rising Stars Europe Awards 2020" which aims to recognize the achievements of a distinguished and select group of emerging talent within leading firms.…
Dilan Sıla Kayalıca, Maral Büyükkürkçü and Zeynep Çağla Üstün, Are Listed as Rising Star by Euromoney's MIP IP STARS 2022
We are delighted to announce Maral Büyükkürkçü, Zeynep Çağla Üstün, and Dilan Sıla Kayalıca, our new generation lawyers in our intellectual property practice, are listed among rising stars by Euromoney's MIP IP STARS 2022. IP STARS is the leading specialist guide to IP law firms and practitioners worldwide since 1994. https://www.ipstars.com/Firm/Gun-Partners/Profile/101593#lawyers
Güldeniz Doğan Alkan Is Talking About the Supervisory Power of the Turkish Court of Cassation, with a Special Focus on IP Matters
After the entry into force of the ternary judiciary system, the role of the Turkish Court of Cassation should be to act as a court of precedents and have an examination limited to legitimacy. In our video Güldeniz Doğan Alkan is talking about the supervisory power of the Turkish Court of Cassation, with a special focus on IP matters. Further details are available in our thought leadership paper.…