Insights
Guidelines For Withdrawal and Recall of Medical Devices Published
On 19 July 2023, the Medicines and Medical Devices Agency published Guidelines for withdrawal and recall of medical devices and in vitro diagnostic devices (Turkish language) on its official website. The Guidelines regulate the procedures to be implemented to prevent unsafe and non-conforming medical devices from being placed on the market and the responsibilities of the relevant parties pursuant to Law No 7223 on Product Safety and Technical Regulations. In this regard, the… »
Regulation on Technical Services For Medical Devices Published
On 26 May 2023, the Turkish Medicines and Medical Devices Agency (Agency) published the Regulation on Technical Services for Medical Devices Used for Provision of Healthcare Services (Turkish language) (Regulation) in the Official Gazette numbered 32202. The Regulation has been prepared by the Agency to regulate the qualifications, authorisation, supervision and training of technical services that will support activities such as installation, updates, upgrades, modification… »
Regulation on Licensing of Medicines Amended
On 27 May 2023, the Regulation Amending the Regulation on Licensing of Human Medicinal Products (Turkish language) (Regulation) was published in the Official Gazette numbered 32203. With the amended provisions, a new reason for the suspension of the licence has been introduced in connection with licence transfer applications. To avoid suspension, licence holders must submit documentation showing that the production site complies with the Good Manufacturing Practice Guidelines… »
The Exception Criteria for Registration Obligation with the Data Controllers' Registry has been Changed by the Decision of the Personal Data Protection Board
The Personal Data Protection Board ("Board"), through its decision dated 06.07.2023 and numbered 2023/1154 published in the Official Gazette dated 25.07.2023 and numbered 32259, has decided to increase the monetary threshold regarding the total annual financial balance sheet from TRY 25 million to TRY 100 million as one of the criteria for exemption from Obligation to Register with the Data Controllers' Registry (“VERBIS”). According to the Board's decision dated 19.07.2018… »
Proof of Bad Faith: The Turkish Court of Cassation Adopts a Surprising Stance
Güldeniz Doğan Alkan and Cansu Evren of Gün + Partners say that a recent ruling raises the question of how many trademarks should be imitated for an act of bad faith to be recognised In a case, the Turkish Civil IP Court decided for the invalidation of a trademark registration identical to the plaintiff’s mark and trade name. The decision noted that: The plaintiff held a registration for the same class in the EU (but not in Turkey) before the trademark at issue; and The… »
Court of Cassation Overturns Longstanding Precedents on Cumulative Protection Afforded by Trademark Infringement and Unfair Competition Provisions
Cumulative protection is no longer available in light of a recent Court of Cassation decision Trademarks are protected under the IP Code, but “name[s], title[s] or trademark[s]” are not covered by the unfair competition provisions under the new Commercial Code The decision will have a serious impact on pending cases In a recent decision that challenges longstanding precedents, the Court of Cassation has ruled that, in cases where trademark infringement has been found, it… »
PTO Decision Sheds Light on Protection of Well-known Trademarks
The PTO partially upheld HP Hewlett Packard’s opposition against a mark containing the element ‘HP’ based only on the likelihood of confusion ground On appeal, the board upheld the opponent’s well-known trademark claim Notably, the opponent’s evidence showed the HP marks used in a blue colour and the contested mark displayed the same colour The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office (PTO) has rejected a trademark application that… »
The Constitutional Court Rules that the Competition Board's On-Site Inspection Without a Judge's Decision Violates the Right to Immunity of Residence
In 2009, the Turkish Competition Authority (“Authority”) had conducted a preliminary investigation to determine whether there was a violation of Article 4 of Law No. 4054 on the Protection of Competition ("Law No. 4054"), regarding restrictive agreements, concerted practices, and decisions about price, production, and sales information and forecasts among undertakings being members of the Automotive Distributors Association and the Automotive Industry Association. As a result… »
Regulation Amending the Regulation on Insurance Arbitration Has Been Published
The Regulation Amending the Regulation on Insurance Arbitration ("Regulation") entered into force following its publication in the Official Gazette dated 07 June 2023 and numbered 32214. Separate and aside from the additions made to the definitions article and the expanded duties of the Presidency of the Commission especially regarding the expert lists, the Regulation introduced specific arrangements regarding the working procedures of reporters and objection authorities and… »
Registry Practice Change Relating to Internal Directives for Representation of Companies
Istanbul Trade Registry (the “Registry”) published an announcement on its website regarding the issues to be considered regarding the scope and limits of representation authorization when preparing internal directives on representation. In joint stock and limited liability companies where the powers of the management body of the company are delegated to limited authorized representatives within the scope of an internal directive, it has become necessary to review the existing… »
PTO Issues Important Decision on Distinctiveness of Trademarksconsisting of Device Element and Descriptive Words
The Trademarks Directorate refused an application for a mark consisting of a device and the phrase ‘Clinical Trial Center’ due to a lack of distinctiveness The REEB upheld the applicant’s appeal, concluding that the phrase was not the main element of the mark The device element was sufficient to render the mark distinctive The Re-examination and Evaluation Board (REEB) of the Turkish Patent and Trademark Office (PTO) has overturned a first-instance decision issued by the… »
Decision on Pricing of Human Medicinal Products Has Been Amended
On 14 March 2023, the Presidential Decree numbered 6932 Amending the Decision on Pricing of Medicinal Products for Human Use (“Decision”) was published in the Official Gazette numbered 32132. With the Decision, a new rule have been introduced on the real source price calculation completing the rule introduced in November 2022. With the prior amendment in the Decision in November 2022, a rule had been introduced stating that products that do not have a retail sale in the… »
News and Events
Mehmet Gün and Uğur Aktekin Have Been Recognized in the WTR Global Leaders Guide 2020
Mehmet Gün, our founding partner, and Uğur Aktekin, co-chair of our intellectual property practice area, have been recognized in the WTR Global Leaders Guide 2020. WTR Global Leaders evaluates law firm and corporate trademark experts according to their expertise and experience in relation to creating, protecting, managing and enforcing essential brand rights, and also their ability to innovate, inspire and go above and beyond to deliver for their clients.…
TÜSİAD SD² Digital Industry Program 2020 Calls Has Been Published
TÜSİAD (The Scientific and Technological Research Council of Turkey) SD² Digital Industry Program calls, which is Turkey’s first comprehensive and local program on digital transformation in industry and which is intended to create an ecosystem bringing the technology user and provider companies together, has been published. As Gün + Partners which has made the corporate law firm management software GÜNCE available for lawyers’ use and which has recently entered into a…
Özlem Divandiler, Our Finance Director, Has Been Chosen as a Mentor for the TÜBİTAK “BIGG+ Mentor” Program
Özlem Divandiler, our finance director, has been chosen as a mentor by TÜBİTAK (The Scientific and Technological Research Council of Turkey) for the “BIGG+ Mentor” Program which has been put into practice with the aim of supporting the entrepreneurship ecosystem in Turkey, contributing to the growth of start-ups and increasing the number of investible start-ups. We congratulate her for offering volunteer mentoring services and for being one of the mentors chosen by TÜBİTAK…
We organized the First Online Customs Training in Turkey
We organized the first online Customs Training in Turkey and performed the presentations for our clients. 200 Customs officers attended the online training and thanks to Turkish Customs General Directorate for the organization.
IAM Patent 1000 - The World's Leading Patent Professionals 2020 Rankings Announced
We are pleased to announce that we have been named as the top tier firm and our 7 practitioners are recognized as the leading individuals in the IAM Patent 1000 - The World's Leading Patent Professionals 2020. The IAM Patent 1000 delivers the most in-depth coverage of the market yet undertaken, pinpointing the best of the best in prosecution, litigation and licensing.
Euromoney's MIP IP STARS 2020 Rankings Announced
We are proud to be listed as top tier firm and our 4 lawyers are recognized as IP Stars by Euromoney's MIP IP STARS 2020 rankings which is the leading resource for who is looking for the best legal practitioners for contentious and non-contentious IP advice since 1990.
Özge Atılgan Karakulak Listed in Top 250 Women in IP 2020
Özge Atılgan Karakulak, partner in our life sciences and patent and utility models practices, is listed in Top 250 Women in IP 2020 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.
World Trademark Review 1000: The World’s Leading Trademark Professionals 2020 Rankings 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 2020. 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: Coronavirüs’ün İşletmelere Hukuki Etkileri
COVID-19’un etkisi artmaya devam ediyor ve benzeri görülmemiş bu durumla karşı karşıyayız. Bu süreçte, şirketlerin ivedilikle doğru kararlar vermesi ve uygulaması gerekiyor. Bu amaçla, şirketlere hukuki açıdan yol gösterecek görüş ve önerilerimizi “Coronavirüs’ün İşletmelere Hukuki Etkileri” webinarında paylaşıyoruz. Moderatör : Mehmet Gün Konuşmacılar : Pelin Baysal, Filiz Toprak Esin, Beril Yayla Sapan İş hayatını dünyada ve Türkiye’de nasıl etkiliyor? Coronavirüs…
Webinar: Trademark Protection in Europe During COVID-19 – Asia-Pacific Session
COVID-19 pandemic spread all around Europe by March 2020 and has been effecting also trademarks and trademark protection in practice. Gün + Partners hosted this webinar for the second time at a more convenient hour for representatives of brand owners and practitioners within Asia-Pacific region. The webinar provided a unique opportunity to learn about the impacts of COVID-19 to the practice of trademark law before trademark offices and courts in various European…
Gün + Partners recognized as Dispute Resolution Firm of the Year in Turkey 2020 by Euromoney
We are proud to be recognised as “Dispute Resolution Firm of the Year in Turkey” by Euromoney's Benchmark Litigation Europe Award 2020. Benchmark Litigation recognises the most distinguished law firms for their dispute resolution work over the past 12 months. https://www.benchmarklitigation.com/NewsAndAnalysis/Benchmark-Litigation-2020-Europe-Awards-Winners-Announced/Index/5704
Intercontinental Finance & Law Magazine
Mehmet Gün gave an interview to InterContinental Finance & Law Magazine about our firm and his role in the firm as the founder. Click here to read the inverview.