Technology, Media and Telecom
Patents and Utility Models
Trademarks and Designs
Bar Admission: Istanbul Bar Association
Hande Hançar Çelik joined the firm in 2005 and has been a partner since 2014. She is co-chair of the firm’s intellectual property and technology, media & telecommunication practices.
She advises on intellectual property, both contentious and non-contentious matters relating to trademarks, copyrights, industrial designs, domain names and unfair competition. She has extensive litigation experience and has counselled numerous foreign clients on IP strategies, legal disputes, licensing and settlement agreements. Hande has also acted on behalf of originators in numerous complex patent infringement and validity actions in the pharmaceutical industry and assisted clients in drafting complex software and patent license contracts.
Within the scope of the technology, media & telecommunication practice group, Hande provides support to clients on consumer law particularly for labelling and product liability issues, commercial communication and advertising, data protection and ensuring that their products and services are compliant with the Turkish regulatory regime.
Hande also serves as a counsel to the Association of Research-Based Pharmaceutical Companies (AIFD) in Turkey and advises on many regulatory policy papers and drafting regulations proposed to the Turkish governmental authorities.
Languages: English, Turkish, French
The long-awaited Data Protection Law was recently published in the Official Gazette. The law provides the framework for a central data protection regime, which Turkey previously lacked, and clarifies many uncertainties regarding the collection, processing and transfer of personal data. While the law has a far-reaching effect across multiple industries, certain additional considerations have arisen for the healthcare industry.
The Social Security Institute recently repealed the Directive on the Working Principles and Rules of Procedure of the Reimbursement Commission, but a new directive containing the repealed provisions has since entered into force. Although there are no legal obstacles to the new directive governing the Reimbursement Commission's principles and rules of procedure, the Social Security Institute has suspended the commission's activities.
Alternative models for the reimbursement of health services have been a common phenomenon in Europe for many years. Countries have adopted diverse policies in this regard comprising paybacks, price-volume agreements and economic evaluations. With the enactment of Law 6552, alternative reimbursement models have also become a hot topic in the Turkish healthcare industry.
The Re-examination and Evaluation Board of the Turkish Patent Institute has successfully rejected Turkish company Tunc Tekstil’s trademark application for IPOD for goods in Classes 25 and 35, as it considers that the well-known status of Apple Inc’s IPOD trademark warrants grounds for opposition.
In a recent decision, the Istanbul Civil IP Court of First Instance ruled on the issue of time limits in trademark cancellation actions. The defendant disputed the plaintiff's action for cancellation of its trademark on the grounds that the time limit for filing a cancellation (five years) had expired.