Lawyers Zeynep Çağla Üstün

    Practice Areas & Work Department

    Intellectual Property

    Patent and Utility Models

    Life Sciences

    Trademarks and Designs





    Ankara Bar Association

    Ankara Bar Association FMR Law Board

    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.”
    Zeynep Çağla Üstün

    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.
    Zeynep Çağla Üstün

    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.
    Zeynep Çağla Üstün

    Current Practice of Bolar Exemption in Turkish Patent Law

    Article 85(3)/(c) of the Industrial Property Law No. 6769 regulates the Bolar Exemption, which stipulates the exclusion of experimental acts containing the invention subject to the patent from the scope of the patent right, including the licensing of pharmaceuticals and the necessary tests and experiments thereof.
    Zeynep Çağla Üstün

    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.
    Zeynep Çağla Üstün

    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.
    Zeynep Çağla Üstün

    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.
    Zeynep Çağla Üstün

    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.
    Zeynep Çağla Üstün

    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.
    Zeynep Çağla Üstün

    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.
    Zeynep Çağla Üstün