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Thought Leadership

Copyright Law in Turkey Key Development and Predictions 2022

Copyright Law in Turkey Key Development and Predictions 2022

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

Data Protection and Privacy Law in Turkey Key Developments and Predictions - 2022

Data Protection and Privacy Law in Turkey Key Developments and Predictions - 2022

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

Life Sciences Law in Turkey Key Developments and Predictions - 2022

Life Sciences Law in Turkey Key Developments and Predictions - 2022

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

Trademark Law in Turkey Key Developments and Predictions - 2022

Trademark Law in Turkey Key Developments and Predictions - 2022

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 - 2022

Patent Law in Turkey Key Developments and Predictions - 2022

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

Media and Advertising Law in Turkey Key Developments and Predictions - 2022

Media and Advertising Law in Turkey Key Developments and Predictions - 2022

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.

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.

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.

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Monthly Newsletters

May 2022

May 2022

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

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Promotion of Medical Devices

Articles -
Life Sciences || Gün + Partners

With medicines, the rule is clear: The general public cannot be the audience of any promotional activity, whatsoever, of pharmaceutical products. However, with medical devices, the rule in place in the Regulation on the Sales, Advertisement and Promotion of Medical Devices (“Medical Device Promotion Regulation”) notes more confusing regulation. The rule states that medical devices that are sold, adapted or applied in hearing aid centers, custom-made prosthesis and orthotics c...»

Food Supplements

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Life Sciences || Gün + Partners

The Regulation on the Importation, Production, Processing and Supply of Food Supplements (the “Regulation”) was published by the Ministry of Food and Forestry (the “MoA”) on 2 May 2013 in the Official Gazette, and came into force as of 2 August 2013. The said Regulation is not only the first regulation that has been drafted, particularly on food supplements, but also includes unique provisions with regard to the control and approval mechanism to be established over food suppl...»

Cosmetics and Other Products

Articles -
Life Sciences || Gün + Partners

The packaging and labelling requirements for cosmetic products are regulated under Cosmetic Law numbered 5324 (the “Law”) and the Regulation on Cosmetics (the “Regulation”) of the TITCK of the MoH. In addition to the Law and the Regulation, the Guidelines on the Promotional Activities of Cosmetic Products and the Regulation on the Health Claims of the Products that are Offered for Sale with a Health Claim (“Health Claim Regulation”) are still applicable, which means administr...»

Personal Health Data Protection

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Life Sciences || Gün + Partners

The protection of personal data (including personal health data) is regulated under Personal Data Protection Law (“DPL”) numbered 6698. The DPL provides legal reasons for the processing of personal data and for sensitive personal data (data relating to race, ethnic origin, political beliefs, philosophical beliefs, religion, denomination, or other faiths, clothing and attire, membership of an association, charity or union, criminal convictions, and security measures, as well a...»

Dilemma Over Well-Known Trademark Registry Continues in Turkey

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Trademarks and Designs and IP Prosecution || Uğur Aktekin and Begüm Soydan Sayılkan

We have previously reported on the Turkish Court of Cassation’s decision concluding that the Turkish Patent and Trademark Office has no authority to create and maintain a registry for well-known trademarks and discussed the possible repercussions of this decision for trademark owners (Well-known Trademark Registry Is Again Open for Debate). In this article we will examine how practice has been shaped in the light of this decision, offer tips for brand owners during this inter...»

Is VR+ a Trademark or a Generic Name?

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Trademarks and Designs || Gün + Partners

In Turkey, according to Article 5/1(b) and Article 5/1(c) of Industrial Property Code (“the IP Code”) numbered 6769, respectively, “signs which are devoid of any distinctive character” and “signs which consist exclusively of or includes as an essential element of signs or indications which serve in trade to designate the kind, type, characteristics, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or rendering of the serv...»

Turkish Patent and Trademark Office Updates Trademark Examination Guidelines

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Trademarks and Designs and IP Prosecution || Uğur Aktekin and Pınar Arıkan

On 30 September 2019 the Turkish Patent and Trademark Office issued guidelines regarding the examination standards for trademark applications in terms of absolute grounds, which were the first of their kind under Turkish law. Recently, a new chapter concerning the substantive examination standards for the assessment of confusing similarity has also been published. The new chapter covers the topics below: the concept of ‘likelihood of confusion’; the similarity of goods and s...»

Leveraging Civil and Criminal Routes in Trademark Infringement Cases

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Trademarks and Designs || Gün + Partners

Five years have passed since the adoption of Turkey’s new Intellectual Property Code (“IP Code”), which annulled the Trademark Decree-Law no. 556 (“D-L”) back in January 2017. This piece of legislation introduced several changes to the trademark law. Some changes were expected for a long time, whereas some were surprising even to IP practitioners who were directly involved in preparing the draft of the IP Code. It would be fair to say that the Office and the courts almost set...»

Alternative Remedy for Anticounterfeiting: Complaint Before Advertisement Board

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Trademarks and Designs || Gün + Partners

In its recent decisions[1], the Advertisement Board imposed sanctions against  the advertising of counterfeit products that were sold and advertised as genuine products on various websites Instagram pages, according to Law No. 6502 on Protection of the Consumer (“Consumer Protection Law”) and the Regulation on Commercial Advertisement and Unfair Commercial Practices (“Advertising Regulation”). The complaints subject to these   decisions are based on the fact that  the product...»

IP Rights Also Protect Public Health and Safety

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Trademarks and Designs || Gün + Partners

This matter started as an ordinary anti-counterfeiting case after receiving a picture of a fire-resistant glass from a global manufacturer of such products. The logo trademark was simply printed on the glass, and due to several inconsistencies, it was explicitly a fake product. Nevertheless, when it turned out that the fake product was not fire-resistant at all, public health and safety became the major concern besides trademark infringement. After an investigation into the s...»

The Role of Informed User and Freedom of Choice in the Assessment of Individual Character of a Design

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Trademarks and Designs || Gün + Partners

Design law enables the protection of the appearance of a product. According to the Industrial Property Code (IP Code), a design must be new and have the individual character to obtain design protection. The overall impression produced by it on the informed user and the designer’s degree of freedom in developing the design must be observed to consider whether the design has individual character. While there is a reference to both the degree of freedom of choice and informed us...»

Turkish Radio Television Supreme Board Sanctioned Scenes Relating to Stereotypes of Virginity

Articles -
Technology, Media and Telecom || Hande Hançar and Baran Güney

In its decision numbered 21 rendered at the meeting dated 28 April 2021 and numbered 2021/17; the Radio Television Supreme Board (“Board”) inspected a TV series called “Camdaki Kız” (the girl in the window) broadcasted in a national channel in Turkey and made remarkably critical evaluations for the scenes relating to stereotypes of virginity. The scenes and dialogues showing a mother forcing her daughter to wear a virginity corset throughout her all life starting from her chi...»