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Av. İlhami Güneş

İzmir · Intellectual & Industrial Property Law

Av. İlhami
Güneş

Attorney at law · Retired Intellectual and Industrial Property Rights judge

We are here to guide you with consultancy services and provide effective legal assurance.

Portrait of Av. İlhami Güneş
As a judge, 1989–2020
31 years
As an IP and industrial property rights judge
17 years
On intellectual and industrial property
5 books
European Patent Office Enlarged Board of Appeal
2009–2013

About

40 years of legal experience and knowledge

After graduating from Istanbul University Faculty of Law, İlhami Güneş earned his master’s degree in public law at Dokuz Eylül University’s Institute of Social Sciences, writing his thesis on “Distinctive Signs and Priority in Trademark Law”. After his pupillage he served as a judge from 1989 to 2020, spending his last 17 years before retirement as an Intellectual and Industrial Property Rights judge. He is now a lawyer registered with the İzmir Bar Association.

Selected with seven colleagues under the “Effective Enforcement of Intellectual and Industrial Property Rights” project run jointly by the Turkish Ministry of Justice and the European Union, he attended the European Patent Office’s “Advanced Intellectual Property Law” programme at the IP law departments of leading European universities. Fluent in English, he served as a member-state representative on the European Patent Office’s Enlarged Board of Appeal from January 2009 to 2013.

He has given presentations on Turkish trademark and patent law at training events organised by the German IRZ Foundation in Munich, Düsseldorf and Berlin. He is the author of practice books on copyright, intellectual property and unfair competition, trademark law, and patent and utility model law, as well as many refereed and non-refereed articles.

Education
  • Istanbul University Faculty of Law
  • Dokuz Eylül University, Institute of Social Sciences — master’s in public law
Judicial service
  • 1989–2020 · Judge
  • Last 17 years · Intellectual and Industrial Property Rights judge
International roles
  • European Patent Office Enlarged Board of Appeal, member-state representative (2009–2013)
  • EPO “Advanced Intellectual Property Law” programme (Ministry of Justice – EU project)
  • IRZ Foundation training · Munich, Düsseldorf, Berlin
Today
  • Lawyer registered with the İzmir Bar Association
  • Part-time academic appointments at İzmir University of Economics and Yaşar University

Fields of Activity

Advice and legal assistance

Main areas of work

  1. Patents, designs and utility models

    Work and registration procedures concerning inventions and new designs call for care. Advice and legal assistance on industrial property rights are our main area of work.

  2. Trademark law

    Trademarks are rights that represent the future and the face of the businesses that own them. We provide legal support in managing, licensing and assigning trademark rights, and in disputes.

  3. Intellectual property law

    Advice and legal assistance on the rights of authors, publishers, musicians and other artists, and of related rights holders.

Other fields

  • Commercial papers

    Problems concerning negotiable instruments such as cheques, promissory notes and bills of exchange are assessed in their own context.

  • Debt and receivables disputes

    We assess the best options for resolving commercial and other receivables disputes — first through amicable and alternative dispute resolution, otherwise through litigation and enforcement.

  • Enforcement proceedings

    Receivables that are not paid when due can be pursued, whether or not they are documented.

  • Company law

    Company formation, management and shareholder disputes are handled with expert support where needed.

  • Real estate law

    Construction law and disputes arising from ownership of real property are resolved with expert support where needed.

  • Inheritance law

    “Death is certain, and inheritance is lawful.” Inheritance problems are approached in both their social and legal dimensions.

  • Family law

    Divorce and custody disputes are among the matters that call for the most delicate handling.

  • Matrimonial property cases

    Dividing property after divorce is a very common and current problem.

Publications

Books

Practice-oriented books on intellectual and industrial property, published in Turkish.

  • Uygulamalı Marka Hukuku – book cover

    Trademark Law in Practice

    Turkish title: Uygulamalı Marka Hukuku

    Publisher: Adalet Yayınevi
    ISBN: 9786257467650

    Intellectual property legislation and practice is one of the leading areas of the “one step forward, two steps back” integration effort with the EU. The latest rules protecting industrial property rights were shaped by this understanding, as the explanatory memorandum of Law No. 6769 states. The Industrial Property Law No. 6769 was drafted with the expectation of serving that integration, on the basis of the EU Trade Marks Directive 2015/2436 and the EU Trade Mark Regulation 2017/1001.

  • Uygulamalı Patent ve Faydalı Model Hukuku – book cover

    Patent and Utility Model Law in Practice

    Turkish title: Uygulamalı Patent ve Faydalı Model Hukuku

    Publisher: Seçkin Yayınları
    ISBN: 9789750273384

    This work is the first book published on patent and utility model practice in Türkiye under both Decree Law No. 551 and the Industrial Property Law No. 6769. In clear and accessible language it moves from basic concepts and the relationship between neighbouring disciplines and patent law to patentability requirements, entitlement, registration and opposition procedures, scope of protection, infringement, compensation and invalidity actions, the standing of injured parties, and case law of the Court of Cassation (Yargıtay).

  • Uygulamada Fikir ve Sanat Eserleri Hukuku – book cover

    Intellectual and Artistic Works Law in Practice

    Turkish title: Uygulamada Fikir ve Sanat Eserleri Hukuku

    Publisher: Seçkin Yayınları
    ISBN: 9789750277405

    This book explains how the material and moral rights in works of thought and art — literature, philosophy, music, cinema, theatre, photography, painting and sculpture, in short “copyright” — are protected. Protecting copyright is essential, and a motivation, for passing the social heritage on to future generations, strengthening shared sensibilities in social life and creating new scientific and technical developments; in other words, for establishing the cycle of preservation and creation. Let us not forget: “if copyright is not protected, it perishes”.

  • Haksız Rekabet Davaları – book cover

    Unfair Competition Cases

    Turkish title: Haksız Rekabet Davaları

    Publisher: Seçkin Yayınları
    ISBN: 9789750268861

    To secure economic development in market economies, the individuals, companies and firms that make up the market must act within the rules of fair competition. Otherwise the good cannot survive; the bad drives out the good and, in time, cannot survive either, and economic development suffers. Countries that enforce competition rules have healthier and more productive economies — that is the basic philosophy of competition law. The book is updated with the latest case law and offers a wealth of practical information.

  • Fikri ve Sınai Mülkiyet Hukuku Dersleri – book cover

    Intellectual and Industrial Property Law Courses

    Turkish title: Fikri ve Sınai Mülkiyet Hukuku Dersleri

    Authors: İlhami Güneş · Deniz Güneş Coşkunol
    Publisher: Adalet Yayınevi
    ISBN: 9786256147607

    Some seven years of applying the Industrial Property Law No. 6769 — itself built on the effort to comply with the TRIPS Agreement, which sets the universal standards for intellectual property rights, and the EU Trade Marks Directive — provided the ground for this book. It must be acknowledged that the body of case law built up in this field by the 11th Civil Chamber of the Court of Cassation and the relevant criminal chambers has shaped Turkish trademark law.

All books on Amazon

Articles

Articles and presentations

Academic articles and conference or training presentations, available to read as PDF.

Articles (5)

Presentations (6)

Contact

Contact details

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Office

Address
Mansuroğlu Mh. 1593/1 Sk. İncement Plaza No: 32 D: 42
Bayraklı / İzmir
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