Insights
Patent Litigation 2022 in Turkey
1. What are the principal sources of law and regulation relating to patents and patent litigation? At national level, the main sources of patent law are the: Industrial Property Code No. 6769 (IP Code). Regulation on the Implementation of the IP Code. Regulation on Employees' Invention, Inventions Realised in Higher Education Institutions and Inventions Realised as a Result of Publicly Funded Projects. Regulation on the Implementation of the… »
Employment and Employee Benefits 2022 in Turkey
1. Do the main laws that regulate the employment relationship apply to: Foreign nationals working in your jurisdiction? Nationals of your jurisdiction working abroad? Laws Applicable to Foreign Nationals Under Article 27 of the Act on Private International and Procedural Law No. 5718, employment contracts with a foreign element are subject to the governing law chosen by the parties, without prejudice to the minimum protection that employees are… »
Determination of Evidence in Disputes Over Pharmaceutical Patents
Introduction The determination of evidence, one of the most important temporary legal protection measures regulated in Turkish law, is an institution that ensures the protection of evidence which will assist in proving the matter in question. Considering that the adversarial trial process is adopted in Turkish civil procedure law, the significance of the rights holder being able to have the evidence that will help them prove themselves effectively determined is clear.… »
Implementation of the Limitation of Goods and Services by the Turkish Patent and Trademark Office
The office provides an opportunity to limit the list of goods/services in terms of international trademark applications filed via WIPO However, it does not allow applicants to limit goods and services when it comes to national trademark applications This controversial approach eliminates a method commonly used by applicants to avoid potential disputes Limitation of goods/services The Turkish Patent and Trademark Office (‘office’) applies the Nice Classification for the… »
What The Plausibility Requirement Means For Turkish IP Law
Grounds for invalidation of a patent under the Turkish Industrial Property Law (6769) are listed as per the numerus clausus principle. The concept of plausibility – which, in recent years, has been the subject of numerous evaluations (especially by the EPO) and frequently debated in academic circles – has not yet found a place within the scope of any legal regulation in Turkey and there is no consensus on the Turkish word that meets this concept as a legal term. However, the… »
Developments in the Obligation of Registration to Data Controllers’ Registry
In accordance with Personal Data Protection Law No. 6698 (the “DPL”) and the Regulation on Data Controllers’ Registry (“Regulation”), data controllers shall get registered to the Data Controllers’ Registry (“VERBIS”). In terms of the private sector, periods regarding the registration obligation has expired as of 31.12.2021 for (i) data controllers located outside of Turkey, (ii) data controllers having more than 50 employees annually or an annual balance sheet with a value… »
State Council’s Decision on the Rules and Procedures Regarding Experts at Insurance Arbitration Commission
Article 16(12) of the Regulation on Insurance Arbitration ("the Regulation") stipulates that arbitrators can decide to get the opinion and vote of an expert upon the request of one of the parties or ex-officio, if the case requires special or technical knowledge which falls outside of legal expertise. Board of Directors of the Insurance Arbitration Commission issues a list of experts for the arbitrators to apply each year as per the rules set out by the Turkish Insurance and… »
Authorization Obligation is on the Horizon for OTT Services
The law, known as the 'disinformation law,' entered into force after being published in the Official Gazette on October 18, 2022. The new period for all OTT service providers, which provide interpersonal electronic communications services within the scope of audio, visual, written communications provided to the end users or subscribers having internet access, independently from the operators and internet services, through a publicly available software, has started on October… »
Court of Cassation Puts an End to Long-Running Sheraton Dispute
Background In 2015 the Turkish Court of Cassation (CoC) found that the trademark SOYIÇ HOTEL and device (depicted below on the left) was confusingly similar to Sheraton’s well-known device mark (depicted below on the right), so that there was likelihood of confusion (decision of the 11th Chamber of the Court of Cassation dated 9 March 2015, merit number 2014/ 18262, decision number 2015/ 3101). The CoC also held that Sheraton’s device trademark is well known in its… »
Debate on well-known Trademark Registry Expected to be Resolved Soon
The PTO is determined to maintain its well-known trademark registry, even though the Court of Cassation held that it has no authority to do so Rights owners may continue to file applications for the recognition and recordation of their trademarks as well knownbefore the PTO New regulation is expected to give the PTO explicit authority to keep the well-known trademark registry Background In 2020 the Court of Cassation concluded that the Patent and Trademark Office (PTO) had… »
Decision on Pricing of Human Medicinal Products Amended
The Presidency published a Decision (Turkish language) numbered 6207 amending the Decision on Pricing of Human Medicinal Products (Decision) in the Official Gazette numbered 31928 and dated 12 October 2022. The Decision amends the provision regarding profit rates and determined higher brackets for the calculation of pharmacist profit which is derived from the wholesaler price. The new brackets are as follows: The pharmacist profit is 28% of the wholesaler price when the… »
Patent and Trademark Office Rejects Applications Based on Interdependence Principle
The ‘interdependence principle’ was clearly established by the CJEU in Canon In two recent cases, the Patent and Trademark Office explicitly mentioned and set out the conditions for the application of the interdependence principle In one of the cases, the Office also found that an application including the dominant element ‘camelbak’ could not have been filed in good faith The Interdependence Principle For an application to be rejected under Article 6/1 of the Turkish… »
News and Events
Gün + Partners 2020 internship applications continue!
Gün + Partners 2020 internship applications continue!You can submit your application for our 2020 formal or summer internship programs via our website.In 2019, 15 formal trainees joined us. Between June and September, 66 summer trainees completed their internship in our firm.
Great Place to Work® Top Employers 2020 List
We are proud to be on the list in the first year we joined. Thank you to all our team members.
Great Place to Work® Certification
We are proud to announce that Gün + Partners has been awarded with Great Place to Work® Certification! Thank you to all our team members who contributed to this great achievement!
Güldeniz Doğan Alkan spoke at the "Opening Ceremony of Master of Laws (Ll.M.) in Intellectual Property Program" at Ankara University
Güldeniz Doğan Alkan, partner in our intellectual property practice, spoke at the "Opening Ceremony of Master of Laws (Ll.M.) in Intellectual Property Program" at Ankara University with the support of World Intellectual Property Organization (WIPO) and TÜRKPATENT. As one of the board member of Patent and Trademark Attorneys’ Association (PEM), she introduced PEM to the students and shared the stage with Uğur Yalçıner, Irmak Yalçıner, Melis Abacıoğlu Viskuşenko, Ayşe Gül…
The Istanbul University Law Faculty Event
Güldeniz Doğan Alkan, partner in our IP practice, shared her views on becoming a lawyer and Turkish IP law with a focus on Trademark law at the event hosted by the Dispute Resolution Club of the Istanbul University Law Faculty.
Formal internship period started
"2019-2020 döneminde büromuzda staj yapacak stajyer avukatlarımız, dört günlük oryantasyon ve eğitim programlarını tamamlayarak stajlarına başladılar. Türkiye’nin farklı bölgelerinden ve farklı okullardan aramıza katılan arkadaşlarımız, eğitim boyunca birbirlerini tanıma ve kaynaşma imkanı buldular. Stajyerlerimizin staj dönemlerinin verimli, başarılı ve keyifli geçmesini diliyor, Gün + Partners ailesine hoş geldiniz diyoruz! "
Fourth Annual Session of Themis Court Simulations by Kadir Has University
Uğur Aktekin, partner in our intellectual property practice, shared his experience on becoming a lawyer, at the opening speech he made for the “Fourth Annual Session of Themis Court Simulations” hosted by Kadir Has University in Istanbul on Feb 14.
Canan Tınaz Moderated a Discussion During INTA Leadership Meeting
Canan Tınaz, senior attorney in our IP prosecution practice, moderated a Table Topic discussion during INTA Leadership Meeting entitled: “Managing International Portfolios of Clients: How to Establish an Understanding Relationship with Foreign Attorneys” on Wednesday, Nov 18 at 11:00 am EST. https://www.inta.org/events/2020-annual-meeting-leadership-meeting/
Begüm Yavuzdoğan Okumuş Spoke at Istanbul University "Data Protection Week"
Begüm Yavuzdoğan Okumuş spoke on "Attitude of the Turkish Data Protection Authority and Important Decisions" at "Data Protection Week" organized by Istanbul University Faculty of Law - IT Law club.
Begüm Yavuzdoğan Okumuş Is Listed in Data 2021 Research by Who’s Who Legal
Begüm Yavuzdoğan Okumuş, managing associate in our data protection and privacy practice, is listed in Data 2021 Research by Who’s Who Legal which recognises individual practitioners who received the highest number of nominations from peers, corporate counsel and other market sources. https://whoswholegal.com/begum-yavuzdogan
Barış Kalaycı Moderated a Discussion During INTA Leadership Meeting
Barış Kalaycı, chair of our anti-counterfeiting practice, moderated a Table Topic discussion during INTA Leadership Meeting entitled: “How to Support Anticounterfeiting Activities with Anti-Money Laundering Provisions? A Possible Solution to Fake Sales on the Internet and Small Parcel Shipments” on Monday, Nov 9. https://www.inta.org/wp-content/uploads/public-files/events/2020AMLM/2020AMLM_SCHEDULE-091820.pdf
Barış Kalaycı recognized as Litigation & Enforcement Lawyer of the Year: White Collar Crime by Euromoney
Baris Kalayci, partner in our Business Crimes and Anti-Corruption practice, recognized as Litigation & Enforcement Lawyer of the Year in White Collar Crime by Euromoney Legal Media Group's European Life Sciences Awards 2020. The awards highlight the firms, individuals and companies behind the most innovative and challenging Life Sciences legal work of the past year, as well as those driving the international market.