Patents and Utility Models
Bar Admission: Ankara Bar Association
Selin Sinem Erciyas joined the firm 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 NGO’s in Turkey and in Europe (EFPIA, Research Based Pharmaceutical Companies Association [AIFD], Foreign Investors Association, Turkey Industry and Businessman Association) and represents these NGO’s before Turkish Parliament and Turkish Ministries. Delegation of the European Union to Turkey contacts with Selin every year before drafting the IP section of EU Progress Report of Turkey. By the invitation of the Ministry of Development, Selin contributes to the IP team of the Ministry in preparation of the Progress Report of Turkey. Selin also advises commercial counselors of Embassy of U.S.A, British Embassy, and Embassy of Switzerland in relation with the IP Law and developments in Turkey.
Languages: English, Turkish, German
The Social Security Institution recently announced details of the application form required to request access to the personal data that it holds. The application form's publication has addressed some of the concerns raised about the sharing of personal data by the Social Security Institution. However, in light of previous administrative and legislative challenges to a state institution sharing personal data, a number of important questions remain unanswered.
The Ministry of Health recently announced the start of an e-pulse project which aims to provide a more efficient health service and reduce government expenditure. The project will allow people to place their health data online. However, there is a question mark over whether the existing legal structure will be enough to safeguard confidentiality.
The co-promotion of pharmaceutical products recently became a top priority for the pharmaceutical sector after the Ministry of Health sent letters to certain pharmaceutical companies. The letters stated that the ministry was cancelling co-promotion permissions which had previously been granted to the pharmaceutical companies and demanded that they cancel their co-promotion agreements.
Although sophisticated IT systems have been operational for some time, public healthcare institutions in Turkey have not yet begun to use e-health services to monitor chronic diseases more efficiently. One reason for this may be insufficient technical understanding of such systems. Another may be a misguided perception that as yet, there is no specific regulation of e-health services.
An omnibus law was recently published that introduces a number of new incentives. At first glance, these appear to be aimed at increasing local production of mid-tech and high-tech products by encouraging local research and development (R&D). As the pharmaceutical industry dominates the world's R&D expenditure through the development of new drugs, this sector is likely to be one of those most affected.
The law on patents in Turkey is still relatively new and the history of patent disputes short. Problems in relation to the protection and enforcement of patent rights, especially for pharmaceutical products, include insufficient expertise in the expert panels to which patent cases are referred, and issues of access to a counterparty's evidence in ongoing actions under freedom of information requests.
The European Commission has published its Progress Report on Turkey’s preparations for accession to the European Union. The report found that while Turkey’s legislative framework for copyrights is mostly aligned with the European Union, enforcement is lagging behind.