Insights
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… »
Communiqué on Electronic Instructions For Use of Medical Devices Published (Turkey)
On 6 April 2023, the Turkish Medicines and Medical Devices Agency (Agency) published a new Communiqué on Electronic Instructions for Use of Medical Devices (Turkish language) (Communiqué) in the Official Gazette numbered 32155. The Communiqué replaced the version dated 2 April 2015 numbered 29314 and entered into force on the day of its publication. The Communiqué has been updated in line with Implementing Regulation (EU) 2021/2226 of 14 December 2021 laying down rules for… »
Turkish MDR and IVDR Amended
On 2 April 2023, regulations amending the Turkish Medical Device Regulation (Turkish language) and the Turkish In Vitro Medical Device Regulation (Turkish language) were published in the Official Gazette numbered 32151. They amend he transitional provisions stipulated in the which was published in the Official Gazette numbered 31499 to be in line with the transitional provisions applicable to Regulation (EU) 2017/745 (MDR) and Regulation (EU) 2017/746 (IVDR). The… »
Overlapping Intellectual Property Rights - 2nd Edition
While intellectual property rights are mostly studied in isolation, in practice the legal categories created to protect these rights provide only partial legal coverage of the broader context in which such rights are created, used, and enforced. Consequently, often multiple IP rights overlap with respect to the same underlying subject matter. Contributed by our partners Uğur Aktekin and Mutlu Yıldırım Köse, Overlapping Intellectual Property Rights (Second Editon) published… »
Alternative Reimbursement Regulation published
As a consequence of lawsuits filed against provisions of the Alternative Reimbursement Regulation dated 10 February 2016, due to the regulation being published without obtaining the Ministry of Health’s opinion, the articles subject to the lawsuits were cancelled based on formal deficiency. On 12 May 2023, a Alternative Reimbursement Regulation (Regulation) was published in the Official Gazette numbered 32188 and entered into force on the date of publication. While the… »
Evaluating ChatGPT and AI Applications from the Personal Data Protection Perspective
AI Applications Under the Radar of Data Protection Authorities Concerns about how artificial intelligence (AI) systems use and store data collected from users have been frequently debated by data protection authorities and professionals dealing with data security and privacy issues lately. These discussions are kept in the public eye through decisions, publications, and press releases related to the subject. The Italian Data Protection Authority, Garante per la Protezione dei… »
Personal Data Protection Board Decisions on Commercial Electronic Messages
Along with the progress in information technologies, the fact that even the smallest daily needs are met through electronic commerce has resulted in the advertisement and marketing of goods and services mainly through telecommunication networks. With the effect of the Covid-19 pandemic, the sales of goods and services in electronic environment, which have reached a serious potential in recent years, have also caused an increase in the personal data processing activities of… »
News and Events
IBA Sydney Breakfast Reception
This event has passed. Gün + Partners is organizing Breakfast Reception in Sydney – Australia on 11 October 2017 during the IBA Annual Conference. Mehmet Gün, our founding partner, and Yuichi Aoki, Senior Advisor of Invest Turkey will be the speakers to share their insights on recent legal developments and business environment in Turkey. Date: 11 October 2017 Venue: Sheraton on the Park Hotel, Times on the Park Room 161 Elizabeth St, Sydney NSW 2000 Date: Wednesday, 11…
2017 ANA/BAA Marketing Law Conference
This event has passed. Hande Hançar Çelik, partner and co-chair of our TMT practice, will speak on legal developments in global advertising and its reflection on Turkey at ANA/BAA Marketing Law Conference in Chicago, IL, USA from Nov 13-15, 2017. Date: Monday, 13 November 2017 - Wednesday, 15 November 2017 Venue: Marriott Chicago Downtown Magnificent Mile 540 N Michigan Avenue Chicago, IL 60611 2017 ANA/BAA Marketing Law Conference
Webinar: World IP Day – Conversation on Impact of COVID-19 on IP
Gün + Partners will once again celebrate the World IP Day. On the occasion of this special day, which is celebrated to remind everyone of the critical role that intellectual property plays in encouraging creativity and innovation, on 27 April 2020, we will discuss the impact of COVID-19 on intellectual property rights. Moderator: Özge Atılgan Karakulak Speakers: Selin Sinem Erciyas and Zeynep Seda Alhas “How to”s with civil, criminal and customs IP proceedings in an…
Kyiv Arbitration Days: Think Big!
Pelin Baysal spoke at Kyiv Arbitration Days: Think Big! held in conjunction with the Ukrainian Bar Association . She shared her experiences on “Document production (including government parties): The good or the evil?” See the presentation here Date: Friday, 14 September 2018 Venue: Fairmont Grand Hotel, Kyiv, Ukraine
Biolegis Meeting 2018
We have hosted Biolegis Meeting 2018 in Istanbul on 13-14 Sep 2018 with the attendance of Biolegis member law firms and corporate counsels of life science companies. Our lawyers Ozan Karaduman and Begüm Yavuzdoğan Okumuş with Funda Zeynep Ekincioglu from MSD Türkiye shared their experiences on processing personal health data in life science under the GDPR and Turkish Law on Protection of Personal Data. Biolegis is a pan-European network of law firms with in-depth expertise…
The Legal 500 – GC Summit Turkey
This event has passed. Mehmet Gün moderated the panel on “The In-House Counsel’s Guide to Best Practice for (Alternative) Dispute Resolution in Turkey” at GC Summit Turkey by The Legal 500 (Legalease) with the panellists Cem Kalpaklıoğlu from TOROS TARIM and Atike Kökbudak from Kordsa. Date: Thursday, 27 September 2018 Venue: Çırağan Palace Kempinski Hotel, Istanbul, Turkey
Structural Reforms Panel - Better Justice Assn and TURKONFED
Our founding partner Mehmet Gün presented “Turkey’s Dilemma: Middle Income and Middle Democracy Traps” policy report and expressed the importance of an efficient and accountable judiciary who will then deserve full independence and take a leading role in Turkey’s exit from “middle-income and middle-democracy traps” at the “Structural Reforms Panel” jointly organized by Better Justice Association, of which we are among the founders, and TURKONFED, hosted by Kars Bar…
Gün + Partners is attending IBA Annual Conference in Sydney
Our partners Mehmet Gün, Ugur Aktekin, Pelin Baysal, ÖZGE KARAKULAK and managing associate Ozan Karaduman are attending IBA Annual Conference Sydney 2017. Please contact gun@gun.av.tr if you wish to meet with them.
Life Sciences Newsletter, April 2017
Changes in guidelines on named patient programmesDicle Doğan and Merve Çimen, Gun + Partners On 29 March 2017, the Turkish Medicines and Medical Devices Agency amended the Guidelines on the Supply from Abroad and the Use of Pharmaceuticals. The amended guidelines establish a new practice in the Named Patient Programme (NPP) that enables the Social Security Institution to import non-approved or unavailable pharmaceutical products from abroad on a named patient basis. The…
Uğur Aktekin has spoken in seminar co-hosted by FICPI - TÜRKİYE and TÜRKPATENT
Our partner Uğur Aktekin, co-chair of our IP practice and president of FICPI - TÜRKİYE, has spoken on standards of the profession of IP attorneys during the serial seminars co-hosted by FICPI - TÜRKİYE and TÜRKPATENT in İstanbul and Ankara from Oct 30-31, 2017.
Summer Internship
2017 yılında, 19 yasal stajyer ve 100’den fazla yaz stajyeri büromuzda farklı çalışma gruplarında staj tecrübesi edindi. 2018 yılı staj programları için web sitemizden bilgi edinebilir ve başvuru yapabilirsiniz.
INTA Pre–Annual Meeting co-hosted by Gün + Partners
INTA Pre–Annual Meeting co-hosted by Gün + Partners in İstanbul, Turkey on Feb 16, 2018. Önder Erol Ünsal, founder of "IPR Gezgini" shared his IP Law Blogging experience with regards to trademark law.