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    Lawyers Selin Sinem Erciyas

    Selin Sinem Erciyas

    Gün + Partners
    [email protected]

    Selin Sinem Erciyas joined Gün + Partners in 2006 and became a partner in 2014. She specializes in life sciences and intellectual property with a special focus on patents and utility models.

    Selin has been involved in a number of advisory and litigation matters in all fields of IP and has handled hundreds of contentious and non-contentious administrative oppositions and court actions involving intellectual property rights, particularly in relation with protection of patent rights. She regularly advises on patent infringement actions, declaration of non-infringement actions and nullity actions.

    She represents multinational pharmaceutical companies before the Ministry of Health on regulatory issues and examinations.

    Selin is the spokesperson for some NGOs in Turkey and in Europe and represents these NGOs before the Turkish Parliament and Turkish Ministries. Delegation of the European Union to Turkey contacts with Selin every year before drafting the IP section of the EU Progress Report of Turkey. Selin also advises commercial counselors of Embassy of U.S.A, the British Embassy, and the Embassy of Switzerland in relation with the IP Law and developments in Turkey.


    Practice Areas & Work Department

    Intellectual Property

    Patent and Utility Models

    Life Sciences


    Languages

    English

    Turkish

    German


    Memberships

    International Federation of Intellectual Property Attorneys Turkey (FICPI Turkey), Founder and President

    International Federation of Intellectual Property Attorneys (FICPI)

    Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI), Standards and Patents Committee

    German Association for the Protection of Intellectual Property (GRUR)

    Istanbul Arbitration Center (ISTAC), Intellectual Property Working Commission

    An In-Depth Analysis of Inventorship of AI and Türkiye’s Position

    “In recent legal debates, the patentability of AI-generated inventions has been contentious. Historically, only humans were considered inventors, anchored in notions of personhood and intellect. Yet, in a bold move, South Africa and Australia's Federal Court recognised AI, specifically DABUS, as a potential inventor in 2021, defying conventional views. Proponents argue that this accommodates modern innovation trends, while sceptics raise concerns about ownership rights, potential inundation of trivial patents, and diminished human oversight. With patent laws varying globally, the landscape remains dynamic. As AI's role in R&D grows, more countries could re-evaluate their stances, reshaping the intellectual property (IP) sphere.”
    Selin Sinem Erciyas

    Türk Hukukunda Avrupa Patentlerinin Korunması ve Tecavüz Durumunda Zararın Tazmini

    "Avrupa Patentlerinin Türkiye'de Verilmesi ile İlgili Yönetmelik"e göre, Türkiye'de seçilen bir Avrupa patent başvurusu, EPO tarafından başvuru numarası verildikten sonra ulusal bir Türk patent başvurusu olarak kabul edilir. Ancak Türk Patent Ofisi'nin başvuruyu yayınlama süresi belirsizdir. Bu nedenle patent sahipleri genellikle Türkçe çevirinin yayınlanma aşamasını atlayarak başvuruyu EPO tescilinden sonra Türk Patent Ofisi'ne kaydettirmektedir. Yönetmelik ayrıca, tazminat talebinde bulunabilmek için Türkçe çevirinin yayınlanmış veya üçüncü taraflara bildirilmiş olması gerektiğini düzenlemektedir. Bu nedenle, patent başvurusu sahipleri Türkçe çevirinin mümkün olan en kısa sürede yayınlanmasını veya üçüncü taraflara bildirilmesini sağlamalıdır.
    Selin Sinem Erciyas

    The Protection of European Patents in Turkey and the Compensation of Damages

    The Regulation on the Grant of European Patents in Turkey stipulates that a European patent application in which Turkey is designated is considered a national Turkish patent application upon receiving an application number from the EPO. However, there is no requirement in Turkish IP law to publish the European patent application while pending. To claim compensation for patent infringement, the Turkish translation of the claims must be published or the alleged infringing party must be notified. The statute of limitations for filing a compensation action is two years from the date of learning about the damage caused by infringement. Publishing the translation promptly is crucial to protect rights and claim damages.
    Selin Sinem Erciyas

    Unified Patent Court - How It Will Resonate in Turkey?

    The concept of the Unified Patent Court entered the lives of European Patent holders with the UPC Agreement, an international agreement dated February 19, 2013.
    Selin Sinem Erciyas

    “Plausibility” in Turkish Patent Law and Its Impact on Invalidation Proceedings

    The concept of plausibility – which has been the subject of numerous evaluations, especially by the European Patent Office (“EPO”) and frequently debated in academic circles in recent years – has not yet found a place within the scope of any legal regulation in Turkey.
    Selin Sinem Erciyas

    Preliminary Injunction Decisions against Patent Trolls to Prevent the Enforcement of Patent Rights

    The patent and utility model rights, the backbone of incentivizing R&D and innovation, provide their holders with a significant advantage over their competitors and grant an absolute right for a certain period.
    Selin Sinem Erciyas

    SEP: Navigating the Technology-Driven World

    Standard-Essential Patents are the concept arising from the interaction between patent rights, which provide exclusive use of an invention and “standards” aimed at the widespread and mandatory use of this innovation in the relevant market.
    Selin Sinem Erciyas

    Covid Sonrası Dönemde Fikri Mülkiyet Haklarından Feragat

    Pandeminin etkisinin azalmaya başladığı ve hayatın yavaş yavaş normal seyrine döndüğü bugünler, Covid-19 pandemisinden çıkarılabilecek derslere bakmak ve olası yeni bir pandemiye karşı gerekli hazırlıkları yapmak için iyi bir dönem.
    Selin Sinem Erciyas

    Waiving from IP Rights in the Post-Covid Landscape

    Since the pandemic seems to lose its impact and life is returning to normal, it may be a good time to look into the lessons learned so far from the Covid-19 pandemic and make necessary preparations against a possible new one.
    Selin Sinem Erciyas

    Türkiye’de Patent Hukuku Alanında Önemli Gelişmeler ve Öngörüler

    Sınai Mülkiyet Kanunu'nun getirdiği yenilliklere ve uygulamada doğurduğu zorluklara büyük ölçüde uyum sağlandıktan sonra, Türk patent sistemi bu defa da pandemi sonrası meydana gelen birtakım değişikliklere adapte olma sürecine girmiş bulunuyor.
    Selin Sinem Erciyas

    Key Developments and Predictions for Patent Law in Turkey

    After adapting to the innovations brought by the Intellectual Property Law and the difficulties, it has brought into practice, this time the Turkish patent system has entered the process of adapting to the changes that have occurred after the pandemic.
    Selin Sinem Erciyas

    Determination of Evidence in Disputes Over Pharmaceutical Patents

    The determination of evidence is a crucial interim legal protection measure in Turkish law that assists in proving the matter in question. In disputes relating to pharmaceutical patents, the determination of evidence is a prerequisite to benefit from a preliminary injunction. Under the Industrial Property Law No. 6769, judicial authorities can order immediate and effective interim measures to protect evidence related to an alleged infringement. However, access to information is limited for drug patent holders, making it difficult to obtain proof to prove preliminary injunction conditions have been met. Therefore, a court-ordered evidence determination decision is necessary for drug patent holders to benefit from the preliminary injunction institution.
    Selin Sinem Erciyas

    Lack of Regulation on Plausibility Attacks in Turkish Patent Law

    The plausibility concept in patent law is not yet regulated in Turkish legislation, and there is no consensus on the Turkish word that corresponds to this legal term. However, plaintiffs have started to argue the requirement of plausibility in Turkish invalidity proceedings. The issue of plausibility is particularly important with regard to pharmaceutical patents, as all clinical studies' test data may not be obtained by the patent application's date. Therefore, it is still a subject of debate how much research should be included in the patent application and to what extent post-published evidence can be used. The EPO Enlarged Board of Appeal's G 2/21 decision may bring about important standards regarding plausibility, which will affect Turkish patent law.
    Selin Sinem Erciyas

    The Danger of De Facto Abolishment of the Right to Preliminary Injunction by the Determination of Evidence in Terms of Pharmaceutical Patents

    Temporary legal protection in pharmaceutical patent disputes relies on evidence determination to prove a case. Drug patent holders must get a preliminary injunction to keep infringing products off the market because patent rights are limited. Without a court order, infringing drug information is difficult to obtain. Patent holders must establish evidence under Article 400 of the Code of Civil Procedure and Article 150/3 of the Industrial Property Law to obtain a preliminary injunction. Different court evidence determination methods can affect pharmaceutical patent disputes.
    Selin Sinem Erciyas