Insights
PTO Confirms Similarity of Virtual and Physical Goods in Landmark Decision
A company based in the US opposed an application for goods and services in Classes 25 and 35 based on an earlier mark in Classes 9, 35 and 41 The PTO found that the physical goods/services covered by the application were similar to the virtual and online goods/services covered by the opponent’s mark The similarity of virtual and physical goods/services has recently been a hot topic across the world In a decision issued on 31 March 2023 (which was subsequently finalised)… »
Highly Logical: Turkish IP Office's Vulcan Salute Ruling Sets Final Frontier For Copyright Ownership Argument
According to Article 6/6 of the Turkish Industrial Property Code, “An application for registration of a trademark shall be refused upon the opposition of the right holder if it consists of a person’s name, trade name, photography, copyright or any other intellectual property right of another.” Based on this provision, it is possible to oppose an application relying upon the opponent’s other intellectual property rights ownership. On December 20 2022, the Re-Examination and… »
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… »
News and Events
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.…
Webinar: World IP Day - Conversation on Significant Role of IP on SMEs' Growth: The Story of WeWALK
Güldeniz Doğan Alkan from Gün + Partners and Kürşat Ceylan from WeWalk discussed the significant role of IP on SMEs’ growth: the story of WeWalk. https://youtu.be/n9IKxDlT3CY
Turkey Legal Update October edition published
"The October edition of Gün + Partners Turkey Legal Update, which aims to brief our community and clients about legal developments in Turkey, is launching today. This month we provide legal updates on arbitration with Turkish parties based on contracts that are not written in Turkish, penalty clauses in fixed term employment contracts, Courts of Appeal’s recent decision on determination of non-infringement actions regarding patent rights, and recent decision on having…
Mehmet Gün spoke about managing the dispute at GC Summit Turkey
Mehmet Gün, our founding partner moderated the panel on "Managing the dispute" at GC Summit Turkey by The Legal 500 (Legalease). Emre Derman, Board member of Akbank and Turcas and Andrew Savage, Partner of McDermott Will & Emery accompanied him on the panel.
Barış Kalaycı Spoke at the Transparency International Turkey Meeting
Barış Kalaycı, partner in our anti-counterfeiting practice, spoke on trademark crimes and money laundering at the Combatting Illicit Trade and Informal Economy Report Launch Meeting by Transparency International Turkey.
Euromoney's Benchmark Litigation 2022 Rankings Announced
We are proud to be listed as top tier firm and our founding partner Mehmet Gün is recognized as the litigation star of 2022 in Turkey by Euromoney's Benchmark Litigation. Benchmark Litigation recognises the most distinguished law firms and lawyers for their dispute resolution work over the past 12 months. https://benchmarklitigation.com/NewsAndAnalysis/Benchmark-Litigation-Europe-2022-law-firm-and-lawyer-rankings-are-now-live/Index/7676
Özge Atılgan Karakulak, Was the Trainer of “Patent Litigation Workshop in Turkey” at IP Camp 2022
Özge Atılgan Karakulak, partner in our patent and utility models practice, was the trainer of “Patent Litigation Workshop in Turkey” at IP Camp 2022. IP.CAMP is the leading training event in the field of Intellectual Property Management and Licensing that is organized by LES-Turkey since 2014. With increasing attention to strategic patent portfolio management, IP.CAMP 2022 is intended to focus on comprehensive cases as follows: Program