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Selin Sinem Erciyas, Aysel Korkmaz Yatkın (Gün + Partners)
A Milestone Decision on the Patentability of Second Medical Use Claims
July 26, 2022

As per the EPC definition, a substance or composition that is already known to have been used in a “first medical use” may still be patentable for any second or further use, provided that said use is…

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Selin Sinem Erciyas, Maral Büyükkürkçü (Gün + Partners)
Warning Letters: More trouble, less solution!
May 13, 2021

Sending a warning letter is not a pre-condition to enforce patent rights as per Turkish Law. However, considering it is a cost-effective and fast way to solve disputes, patent owners may choose to…

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Selin Sinem Erciyas, Aysel Korkmaz Yatkın, Aysu Eryaşar (Gün + Partners)
Turkey: A Battle to Benefit from EPC 138/3
December 01, 2020

The IP Law of Turkey prohibits any kind of amendment/limitation of claims or patent documents after the patent has been granted. The only exceptions to this rule are the amendment/limitations made by…

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Selin Sinem Erciyas, Aysel Korkmaz Yatkın, Aysu Eryaşar (Gün + Partners)
Turkey: New Code of Civil Procedure Extends Deadlines in Patent Litigation
November 03, 2020

The "Code on the Amendment of the Code of Civil Procedure and of Some Other Laws" entered into force in Turkey recently. This Code focusses on the principle of procedural economy and acceleration of…

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Aysel Korkmaz Yatkın, Maral Büyükkürkçü (Gün + Partners)
Turkey: Conversion of a Non-Examined Patent to an Examined Patent During Court Proceedings
October 24, 2019

A Turkish company active in the automotive sector filed a patent infringement action against a German global automotive company. The Turkish company alleged that a system used in the cars of the…

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Selin Sinem Erciyas (Gün + Partners)
Turkey: Determination Of Non-Infringement Action Is To Be Rejected If Marketing Authorisation Is Not Granted Yet
September 24, 2019

As per Article 154 of the Turkish IP Law any person who has a legal interest can file an action to have the Court determine that his acts do not constitute an infringement of the intellectual…

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Selin Sinem Erciyas (Gün + Partners)
District Court Ruling: Filing an Abridged Application within RDP Term is use of a Legal Right to file an Application and therefore does not constitute Unfair Competition
July 30, 2019

Regulatory Data Protection (RDP) issues are dealt with only by the Licensing Regulation of the Ministry of Health (MOH) of Turkey. In principle the relevant provision grants protection of data of…

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