Insights

Thought Leadership

COVID-19 HUB

COVID-19 HUB

Our COVID-19 HUB is designed to keep our stakeholders updated and help them understand the legal effects of COVID-19 outbreak, and take steps to maintain their businesses in Turkey.

Commercial Dispute Resolution Under Turkish Law Rules, Developments and Insights - 2020

Commercial Dispute Resolution Under Turkish Law Rules, Developments and Insights - 2020

We focus on the four main topics of commercial dispute resolution under Turkish law, and the most important and challenging issues in commercial dispute resolution under Turkish law.

Patent Law in Turkey Key Developments and Predictions - 2020

Patent Law in Turkey Key Developments and Predictions - 2020

We focus on the key aspects of patent litigation in Turkey, and the most important or challenging issues in Turkish Patent Law.

Trademark Law in Turkey Key Developments and Predictions - 2020

Trademark Law in Turkey Key Developments and Predictions - 2020

We focus on the eight main challenges encountered in the interpretation and implementation of key changes introduced by the IP Code.

Copyright Law in Turkey Key Developmentr and Predictions

Copyright Law in Turkey Key Developmentr and Predictions

In the report, we outline seven controversial issues that we often encounter in Turkish copyright Law.

Life Sciences Law in Turkey Key Developments and Predictions - 2020

Life Sciences Law in Turkey Key Developments and Predictions - 2020

We focus on the key aspects of life sciences in Turkey, the most important and challenging issues in Turkey’s life sciences industry.

Media and Advertising Law in Turkey Key Developments and Predictions - 2020

Media and Advertising Law in Turkey Key Developments and Predictions - 2020

We focus on the key aspects of media and advertising law in Turkey, and the most important or challenging issues in Turkish media and advertising Law.

Data Protection and Privacy Law in Turkey Key Developments and Predictions

Data Protection and Privacy Law in Turkey Key Developments and Predictions

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Monthly Newsletters

August 2020

August 2020

We are pleased to publish our monthly newsletters to update our community and clients about legal developments in Turkey.

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Restricted Advertising of Certain Category of Food

Articles -
Technology, Media and Telecom || Gün + Partners

In Turkish advertising legislation, there is detailed and restricting rules for advertisements intended for children. The aim for these rules is to protect children against any kind of advertising that abuses their lack of knowledge and experience. It is clearly stated in the Adverting Regulation that advertisements that are likely to abuse children’s lack of knowledge and experience are strictly prohibited. The Advertisement Board attaches high importance to the protection o...»

Free Items Are Not Allowed for Certain Food Categories

Articles -
Technology, Media and Telecom || Gün + Partners

Within the scope of advertising restrictions on the foods that are not recommended for excessive consumption, on December 28, 2018, the Advertising Regulation introduced a new restriction stating that gifts that would appeal to the interests and taste of children shall not be given, and other similar marketing techniques that target children shall not be applied within the scope of practices which aim to increase the sales of foods of which excessive consumption is not recomm...»

Alcohol Advertising in Turkey

Articles -
Technology, Media and Telecom || Gün + Partners

Law No. 4250 on Alcohol and Alcoholic Beverages, as well as the Regulation on the Procedures and Principles of the Sale and Marketing of Tobacco Products and Alcoholic Beverages, prohibits every type of advertisement and presentation of alcoholic beverages, prohibits campaigns, promotions, and any activity that encourages the consumption and sale of alcoholic beverages in any kind of media. This ban includes broadcasts on TV and radio, ads in the cinema, product replacement, ...»

Advertising in Social Media and Influencer Marketing

Articles -
Technology, Media and Telecom || Gün + Partners

In Turkey, there are no special laws relating to advertising through social media and influencer marketing via social media. General advertising rules and principles apply. Influencer marketing should also adhere to rules regarding conformity to public order, fair competition, public/moral values, and accuracy, which are main principles regulating advertising in Turkey. Influencer marketing can be categorized as a particular form of testimonial advertising. The Regulation on ...»

Plain Packaging for Tobacco Products

Articles -
Technology, Media and Telecom || Gün + Partners

The amendments made in Law No. 4207 on Prevention and Control of Hazards of Tobacco Products (“Law No. 4207”), as well as the Regulation on Manufacturing, Labelling and Supervision of Tobacco Products (“Regulation”), which was prepared by the Ministry of Agriculture and Forestry, introduced the plain packaging principle for tobacco products, and amended the rules to be applied concerning health warnings on tobacco products.  The amendments in Law No. 4207, as well as the new ...»

RTUK’s Supervision over Internet Broadcasts

Articles -
Technology, Media and Telecom || Gün + Partners

The amendments dated 27.03.2018 to Law No. 6112 on the Establishment of Radio and Television Enterprises and Their Media Services (“RTUK Law”) introduced Article 29/A to the RTUK Law, basically ruling that media service providers that make online broadcasting, and platform operators, which transmit these broadcasts via the internet, are required to obtain broadcasting licenses from the Radio and Television Supreme Council (“RTUK”). As per the same provision, media service pro...»

Contests and Sweepstakes

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Technology, Media and Telecom || Gün + Partners

Chance-based sweepstakes (i.e. random-draw promotions, instant-win games) and skill-based contests are generally permissible in Turkey. Chance-based sweepstakes where cash is given as a prize, may only be conducted by the National Lottery Administration (“NLA”), which is the sole authority to organize lotteries and draws with a cash reward. Chance-based sweepstakes and skill-based contests, where the prize is non-cash, can be conducted by real or legal persons under specific ...»

Innovator Companies Seek to Protect Themselves Against Generic Companies

Articles -
Patent and Utility Models || Özge Atılgan Karakulak and Aysel Korkmaz Yatkın

In order to contribute to human health, innovative pharmaceutical companies carry out studies that take many years and require huge amounts of investment and research, and as a result, they obtain patent protection for their inventions for a limited period of time. It is very important that the patent rights, which are limited only for a certain period of time, can be used and protected effectively. Applying for abridged marketing authorisation (MA) by referencing the origina...»

Claiming Compensation for IP Infringement

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Trademarks and Designs || Hande Hançar and Güldeniz Doğan Alkan

IP right owners suffer a huge amount of damages in some IP right infringement cases as they invest substantial amounts for their rights. Therefore, compensation claims are of vital importance for IP right owners in order to recover their damages, protect reputation and have a deterrent impact on the infringing party. Since every IP right infringement act is primarily a tort, it is necessary to prove the wrongful act, fault of the infringing party, incurred damage and the casu...»

Is Digital Service Tax Dead Already? Legal Barriers in the Way of Collecting Digital Service Tax in 2020

Articles -
Administrative, Tax and Regulatory || Pelin Baysal and Muzaffer Atar

New taxes entered into our lives with the Act numbered 7194 which was published in the Official Gazette on 7 December 2019. One of these taxes is Digital Service Tax. The law provides that digital service providers are liable for this tax at a ratio of 7,5% over the revenue they generate from their digital services. The examples of such digital services include games, software, applications, music, video, online advertisement and online market place services. If tax payers ar...»

Insurance Litigation 2020 in Turkey

Guides -
Insurance and Reinsurance || Pelin Baysal and Ilgaz Önder

Fora 1. In what fora are insurance disputes litigated? In the Turkish judicial system, insurance disputes are resolved by the commercial courts, irrespective of the amount or value of the dispute. On the other hand, insurance disputes arising out of maritime law are heard by a specialised commercial court. If a province has no specialised court or any other regular commercial court, disputes are heard by the general competent court, namely a civil court of first instan...»

World Intellectual Property Rights and Remedies 2020, Turkey Chapter

Guides -
Trademarks and Designs and Patent and Utility Models || Uğur Aktekin, Özge Atılgan Karakulak and Mutlu Yıldırım Köse

World Intellectual Property Rights and Remedies features analysis and commentary by leading practitioners on key intellectual property legislation from jurisdictions throughout Europe, Latin America, and Asia, as well as English translations of key intellectual property legislation from non-English-speaking jurisdictions. Each chapter clearly describes the nuances of local practice regarding how to register and protect copyrights, patents, trade, and service marks. Find helpf...»