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.

Trademark Law in Turkey Key Developments and Predictions - 2021

Trademark Law in Turkey Key Developments and Predictions - 2021

We have compiled our articles on various topics of trademark law that we deem important for brand owners, which we have developed over the course of the last year.

Patent Law in Turkey Key Developments and Predictions - 2021

Patent Law in Turkey Key Developments and Predictions - 2021

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

Life Sciences Law in Turkey Key Developments and Predictions - 2021

Life Sciences Law in Turkey Key Developments and Predictions - 2021

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

Data Protection and Privacy Law in Turkey Key Developments and Predictions 2021

Data Protection and Privacy Law in Turkey Key Developments and Predictions 2021

We focus on the key aspects of data privacy matters and developments in Turkey, and the most important or challenging issues regarding the same.

Copyright Law in Turkey Key Development and Predictions 2021

Copyright Law in Turkey Key Development and Predictions 2021

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

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.

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.

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Monthly Newsletters

June 2021

June 2021

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

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Overview of the Turkish Court of Cassation’s Decisions on Pharmaceutical Trade Marks in 2020

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Trademarks and Designs and Life Sciences || Dicle Doğan and Ayşenur Çıtak

The Turkish Court of Cassation (the CoC) issued several decisions regarding pharmaceutical trade marks during 2020. This paper aims to provide the details of the CoC’s several finalized decisions on pharmaceutical trade marks and to remark on their importance. Samumed v Sanimed Decision No: 2020/273 K.., 1 January 2020 A trade mark application SAMUMED covering all goods in class 5 was filed before the Turkish Patent and Trademark Office (the Office) and was rejected upon a th...»

Developments for Local Storage in Turkey

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Data Protection and Privacy || Begüm Yavuzdoğan Okumuş and Yalçın Umut Talay

Developments for Local Storage in Turkey Introduction and Executive Summary The National Cyber Security Strategy and Action Plan (2020-2023) was published by the Ministry of Transport and Infrastructure on December 29, 2020. It was emphasized for critical infrastructures that issues such as keeping domestically produced data within the country will play a key role in studies to be carried out to protect such infrastructures and to increase their strength. On the other hand,...»

Increase on the Corporate Income Tax Rate

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Corporate and M&A || Görkem Bilgin

The Law on Amending the Law on the Procedure for the Collection of Public Receivables and the Law and Certain Laws numbered 7316 (the “Law”) was published in the Official Gazette numbered 31462 and dated 22.4.2021. Even though seven different laws have been amended with the Law, the most important regulation that is important for entities seems the amendment made in the Corporate Tax Law (the “CTL”). Pursuant to the Provisional Article 13 added to the CTL with Article 11 of t...»

Litigation and Enforcement 2021 in Turkey

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Dispute Management || Beril Yayla Sapan and Asena Aytuğ Keser

What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes? The main and most commonly used method for resolving large commercial disputes in Turkey is litigation. Civil litigation is based on the principle that the parties to the dispute prepare their case. The judge is bound to hear claims, defences and evidence brought by the parties. However, the judge is entitled to make a legal assessment ex officio. The management of p...»

Does Technical Function Impede Copyright?

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Copyrights || Gün + Partners

The question of whether appearance features of utilitarian objects with technical functions can benefit from copyright protection has become a debated issue in recent years, and it has also started to find a place in the decisions of the Court of Justice of the European Union (CJEU). In the decision of the CJEU, dated June 11, 2020, and numbered C-833/18, it was evaluated how appearance features of products with technical functions can benefit from copyright protection. The d...»

Assignment of Copyrights

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Copyrights || Gün + Partners

Law on Intellectual and Artistic Works No. 5846 (the “LIAW”) takes a very formalistic approach regarding the transfer of copyrights arising from these types of work. Under Turkish copyright law, the general principle is that the person who actually creates a work is the author of that work. The “work made for hire” concept is not accepted under Turkish law. The right transfers should be made in writing, once the work is embodied, indicating, expressly, which rights are transf...»

Notice and Takedown Procedure for Copyright Protection

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Copyrights || Gün + Partners

Copyrights are amongst the most infringed-upon rights in the internet environment. On this account, Turkey applies a notice and takedown system in online copyright infringement cases as a practical tool, which is also widely recognized in many jurisdictions around the globe. In Turkey, copyrights are protected under Law on Literary and Artistic Works No. 5846 (“Law No. 5846”). According to Law No. 5846, if a work is adapted, duplicated and circulated, performed or broadcast t...»

Artificial Intelligence and Copyright

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Copyrights || Gün + Partners

Artificial intelligence (“AI”) is defined as “The ability of a digital computer or computer-controlled robot to perform tasks commonly associated with intelligent beings.” With the advancement of technology, AI systems have learned to create music and art and, furthermore, today, AI can write poems, novels, stories, and legal articles. As a result of these developments, discussions have begun regarding AI-created works of art, as well as the notion of ownership and enforcemen...»

Ownership of the Works Created by the Employee

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Copyrights || Gün + Partners

Pursuant to Law No. 5846 on Intellectual and Artistic Works (“LIAW”), the owner of the work, in principle, is the person who creates the work, and this person is the exclusive owner of the material and moral rights arising from the creation of the work. According to the LIAW, although material rights may be waived by the author or transferred to third parties, the transfer of moral rights, or waiver of these rights, are not possible in accordance with the mandatory provisions...»

Ownership of the On-Demand Works

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Copyrights || Gün + Partners

The General Assembly of the Civil Court of Cassation (GACoC) made important determinations with its decision dated 16.01.2020 and numbered E. 2019 / 11-474, K. 2020/26, concerning the scope of the ordering party’s use of the work created within on-demand work agreements, and whether a separate contract is required for the transfer of the economic rights of the author in terms of related uses. In this case, the plaintiff was working as the purchasing manager in the defendant c...»

Compensation Liability for Copyright Infringement

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Copyrights || Gün + Partners

The author or the owner of a work is entitled to claim compensation in the case of violation of economic and moral rights arising from the ownership of the work protected under Law No. 5846, the Intellectual and Artistic Works (the “LIAW”), in addition to other legal remedies.  Article 70 of the LIAW regulates compensation that may be claimed based on violation of economic and moral rights, separately. Accordingly, the author whose moral rights have been infringed, is entitle...»

A Brief Review of the Karalis Case

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Copyrights || Gün + Partners

Mr. Yannis Karalis (“Plaintiff”), a Greek composer and lyrist who is the copyright owner of the “Eclipse” song, which was released in 1997, brought an infringement action against the famous Turkish singer and lyrist, Ms. Sezen Aksu, as well as against other lyrists and several music record and production companies (“Defendants”) due to their infringing use of the cited song in 2003. The Musical Work Owner’s Society of Turkey (“MESAM”) was also informed and involved in the law...»