Menu

    Contributors Deris Attorney-at-Law Partnership

    Contact Information
    • Address: Ömer Avni Mahallesi Inebolu Sokak no 5 Deriş Binası, Setüstü, Kabataş, Beyoğlu, İstanbul
    • Email: [email protected]
    • Phone: +90 (212) 252 61 22
    • Website: www.deris.com

    Deriş Attorney-At-Law Partnership provides fast, reliable and tailored consulting and legal services to clients looking to settle disputes relating to trademarks, patents, industrial designs and other IP and industrial property rights.

    Based in Istanbul, Deriş has a 110-year history pertaining to the establishment of IP rights, as well as the protection and enforcement of such rights.

    Today, Deriş consists of two legal entities: Deriş Patents and Trademarks Agency AS, which counsels, files, prosecutes, registers and manages IP rights worldwide; and Deriş Attorney-At-Law Partnership, which provides legal counsel, assistance in contentious and non-contentious matters and representation before the IP, civil and commercial courts.

    The team consists of more than 85 with IP Litigators, European Patent Attorneys, Trademark and Patent Attorneys and the supporting teams. The Firm is ranked as a top tier IP Law Firm by the international ranking magazines such as LEGAL500, WTR1000, IAM 1000, IPSTAR, MANAGING IP.

    The firm has been awarded and certified as a Great Place to Work in 2019, 2020, 2021 and 2022. The firm’s key strategy objective is “Compliance and Benchmarking with Global Standards”. In line with this strategy, in 2021 the firm’s information security management system obtained the ISO/IEC 27001:2013 certification. Deriş has also joined the United Nations Global Compact initiative, which is a voluntary leadership platform for the development implementation and disclosure of responsible business practice.


    Partners

    M. N. Aydın Deriş (Founding Partner)

    N. Serra Coral (Managing Partner)

    E. Kerim Yardımcı (Senior Partner)

    Okan Çan (Senior Partner)

    Oya Yalvaç (Partner)

    Feride Utku (Partner)

    Muazzez Korutürk (Partner)


    IP Practice

    Deriş exclusively handles IP, IT and media-related contentious or non-contentious matters. The partnership adopts an agile and cost-conscious approach, pragmatically combining and coordinating tailored solutions in complex matters; this approach involves developing IP awareness and enforcement strategies; conducting investigations on counterfeits and evaluating their results; preparing and organising customs seizure of counterfeit goods; serving cease and desist letters to prevent infringing acts; conducting negotiations for settlement agreements; and instituting civil and criminal court actions. Deriş also has a strong patent litigation and prosecution team made up of litigators and Turkish and European patent attorneys. Deriş also has a strong patent litigation and prosecution team made up of litigators and Turkish and European patent attorneys.

    In addition to its thriving litigation practice, Deriş is also experienced using alternative dispute resolution before or during litigation. In this respect, the team enjoys strong connections with the WIPO Alternative Dispute Resolution Centre and actively participates in arbitration and mediation training. Mr Yardımcı has been appointed as a panellist and arbitrator before WIPO for Uniform Domain Name Dispute Resolution Policy matters. Mr Çan has been appointed as a chartered mediator with another member of the firm before the Ministry of Justice in Turkey.

    Deriş provides the full range of IP protection services such as drafting, preparing, filing and prosecuting the application of industrial property rights in Turkey directly and through its first-rate worldwide collaborators in other countries. As Turkey is a member of international conventions such as the Madrid Protocol, the Hague Agreement, the Patent Cooperation Treaty and the European Patent Convention, Deriş files and prosecutes international trademark, design and patent applications directly under these conventions.

    In recognition of the value of IP assets, Deriş is structured to provide services proactively and to offer clients a complete range of legal services. Personalised collaboration with clients is key to the firm’s approach; the team believes in fostering close working relationships that result in long-term partnerships.

    With this in mind, Deriş’s approach is holistic and aims to facilitate business decisions made by acting analytically and proactively to identify upfront potential sources of conflict; eliminate legal uncertainty; and understand and assess each and every detail that might affect the parameters of protection and enforcement. This helps avoid unnecessary litigation and ensure a trouble-free and uninterrupted operation.


    Specialties

    • Intellectual Property
    • Trademark Litigation
    • Patent Litigation
    • Trademark and Patent Prosecution
    • Anti-counterfeiting
    • Personal Data Protection
    • IP and IT Transactions
    • IP Due Diligence
    • Technology Licensing
    • Copyright
    • Unfair Competition
    • Trade Secrets
    • Media and Entertainment Law
    • Consumer Law
    • IT Law
    • Reputation Management                               

    Key Contacts

    Awards

    An Overall Evaluation After the Appeal Decisions in the UK, EPO and in Australia on DABUS Applications

    Appeals by Dr. Thaler, the applicant who designated an AI machine (DABUS) as inventor and claimed the “right to the patent by virtue of being its creator and owner,” have been dismissed in the UK and EPO but upheld in Australia. The US Patent and Trademark Office decision also held that “inventor” under Title 35 of US Code refers to a natural person. Similarly, in the UK, the Court of Appeal unanimously held that according to the language of the 1977 Act, only a human being can be designated as inventor, and no human inventor named. The EPO Legal Board of Appeal also upheld the refusal of the applications as the AI machine had no legal capacity to be an inventor.
    Mehmet Nazım Aydın Deriş

    Patent Enforcement at the Borders

    Turkey, positioned strategically between Europe and Asia with a population of 82 million and a larger youth population than any EU member state, aims to strengthen its export platform by focusing on high-tech patents. However, Turkey has a counterfeiting problem with the Organisation for Economic Cooperation and Development and the EUIPO study Mapping the Real Routes of Trade in Fake Goods identifying Turkey as a significant source of counterfeit goods. The Industrial Property Code and the Custom Act 4458 provide viable tools for patentees to enforce their patents effectively and successfully. Patentees must record their patents and provide appropriate documentation to Customs to enable effective enforcement.
    Nükhet Serra Coral
    Emre Kerim Yardımcı
    Okan Çan

    Does Turkey Protect Second Medical Use Patents?

    The Istanbul IP Court had previously ruled in 2014 that second medical use patents granted prior to December 13, 2007, were not patentable under the EPC 1973. The court argued that the absence of explicit mention of the patentability of second use patents in Article 52/4 of EPC 1973 rendered such patents non-patentable. However, the decision was overturned by the Supreme Court. The Industrial Property Code No. 6769, which became effective on January 10, 2017, stipulates that products, particularly substances and compositions used in therapeutic methods, including diagnostic and surgical methods, are patentable. Therefore, second medical use patents are protectable in Turkey as long as they are novel and include an inventive step.
    Muazzez Koruturk

    Video Games: IP Considerations

    The video game industry is worth over $175bn and is growing fast. IP rights disputes relating to video games include IP ownership disputes, IP licensing disputes, IP infringement disputes, unfair competition disputes, and IP piracy. As well as IP rights, data protection and regulatory issues are also important considerations. In cases of physical piracy, seizure orders can be obtained; in cases of online piracy, a takedown can be requested. Alternative dispute resolution (ADR) methods for video game IP rights disputes can provide speedy solutions, avoiding multijurisdictional litigation, and can be flexible, confidential, and at a lower cost to the rights owner.
    Okan Çan

    G1/23 – New Referral Relating to the Assessment of the Products on the Market as Prior Art

    On 29 June 2023, the Board of Appeal of the case T0438/19 referred questions to the Enlarged Board of Appeal (EBoA) with a number G1/23. The case relates to the exclusion of a product on the market from the state of the art, for the sole reason that its composition or internal structure could not be reproduced by the skilled person without undue burden before that date.
    Başak Yiğiter