Insights
Does the Appeal Period for an Application For Legal Remedy Begin Upon Announcement of the Constitution
Background Under Turkish law, the time period for an application for legal remedies (appeal and cassation) against court decisions begins, in principle, once the parties have been notified of the decision. However, some laws stipulate that the time period begins from the announcement of the decision by the court to the parties present at the hearing. The courts of first instance usually only announce a summary of the judgment at the decision hearing. The courts provide their… »
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… »
News and Events
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.
World Intellectual Property Day
very April 26, World Intellectual Property Day is celebrated worldwide to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. Within this scope; we have set the theme for our 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 will be opened with a speech of Professor Rana Sanyal…
Who's Who Legal Listings
Congratulations to our lawyers recognized by WWL, they have listed among the best lawyers in their expertise. Moreover, we are proud to have the most number of lawyers listed in WWL from Turkey.WWL has built a reputation as one of the most trusted resources for in-house counsel, government, agency and other legal practitioners seeking to find a high-quality lawyer in a particular practice area or jurisdiction. #WWL https://whoswholegal.com/firms/gun--partners?tab=lawyers
COVID-19 Update from Gün + Partners
The World Health Organization (WHO) on March 11, 2020 declared COVID-19 a pandemic. Health Ministry of Turkey announced the total number of cases in the country is 18 as of March 16, 2020. COVID-19 spread progress shows that local peak of the epidemic would happen in forthcoming days in Turkey. Our priority is to continue to provide the high quality client service, while protecting the health and safety of our people and their families. Following are our decisions and…
IP2017 Conference
This event has passed. Hande Hançar Çelik, partner and co-chair of our TMT practice, will speak about success story of GlakoLens, developer of contact lens based biosensor technologies, at IP2017 organizing by Bogazici University in Istanbul, Turkey from Oct 12-13, 2017. Date: Thursday, 12 October 2017 - Friday, 13 October 2017 Venue: Bogazici University, Albert Long Hall Bebek Mh., 34342 Beşiktaş/Istanbul, Turkey IP2017 Conference
MIP International Patent Forum 2018
This event has passed. Özge Atılgan Karakulak and Selin Sinem Erciyas spoke on preliminary injunctions in Turkey in the MIP International Patent Forum 2018. Date: Wednesday, 07 March 2018 - Thursday, 08 March 2018 Venue: The Waldorf Hilton Hotel Aldwych, London, WC2B 4DD, United Kingdom MIP International Patent Forum 2018
6th Annual IBA World Life Sciences Conference
This event has passed. This year’s event will feature dynamic roundtable session as well as concurrent sessions covering the hottest topics and the latest developments from across the different sectors of the Life Science Industry.Topics Include: • Recent trends and future of life sciences• State of the art in all aspects of life sciences• Life science is not science fiction; the future of life science is now• The complex net of human activities, relationships and…