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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

September 2022

September 2022

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

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Recent Developments on Using Personal Data Unlawfully Collected as Evidence

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Data Protection and Privacy and Dispute Management || Begüm Yavuzdoğan Okumuş, Yalçın Umut Talay and Kardelen Özden

According to Article 38 of the Turkish Constitution, findings that are acquired unlawfully cannot be used as evidence. In this respect, using personal data as evidence in disputes requires a legal assessment on whether the personal data is collected lawfully or not. In principle, evidence that are obtained unlawfully shall not be allowed in legal proceedings. As known, the main legislation related to protection of personal data is the Turkish Personal Data Protection Law No. ...»

Does Technical Function Impede Copyright?

Articles -
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...»

Data Protection Law in General

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Data Protection and Privacy || Gün + Partners

On April 7, 2016, a new law on the protection of personal data came into force in Turkey: The Law on the Protection of Personal Data numbered 6698 (“Data Protection Law”). It is the first law of its kind in Turkey, specifically regulating the protection of personal data. The Data Protection Law is a step towards harmonizing Turkish legislation with EU legislation, and it was prepared based on Directive 95/46/EC on data protection (“Data Protection Directive”). The Data Protec...»

Application of the Data Protection Law

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Data Protection and Privacy || Gün + Partners

The Data Protection Law applies to data controllers who process and transfer personal data. In the situation where data controllers utilise the services of third-party data processors for these processes, the law holds them jointly liable for taking all of the technical and administrative measures required to ensure the safeguarding of personal data and to prevent any unlawful access or processing. The Data Protection Law does not envisage the scope of its application in term...»

Lawful Data Processing

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Data Protection and Privacy || Gün + Partners

Processing Personal Data Personal data can be processed based on the below specified legal grounds: If explicit consent of the data subject is obtained; If processing is clearly proposed under the laws; If processing is mandatory for the protection of life, or to prevent the physical injury of a person, in cases where that person cannot express consent, or whose consent is legally invalid due to physical disabilities; If processing is necessary for and directly related to th...»

Singapore Convention Entered into Force on 11 April 2022 in Turkey

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Dispute Management || Beril Yayla Sapan and Kardelen Özden

The United Nations General Assembly adopted the Convention on International Settlement Agreements Resulting from Mediation (“the Singapore Convention”) on 20 December 2018, which was signed by Turkey on 07 August 2019 in Singapore. Turkey enacted the Law No. 7282 dated 25 February 2021[1] concerning the approval of the Singapore Convention, which was followed by the Presidential Decree (3866) dated 21 April 2021[2] concerning its ratification. Finally, with the Presidential D...»

Similarity of Short Trademarks: Patent and Trademark Office Deviates From Practice in Groundbreaking Decision

Articles -
Trademarks and Designs and IP Prosecution || Zeynep Seda Alhas and Baran Güney

Minor alterations were previously considered sufficient for consumers to distinguish between short marks The PTO recently held that the word mark M + PLUS was similar to the opponent’s series of earlier M marks The office diverged from standard practice in a decision that focused on the overall impression made by the marks on consumers Background When the Turkish Patent and Trademark Office assesses whether two signs are confusingly similar under Article 6/1 of the Industri...»

Explicit Consent under The Data Protection Law

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Data Protection and Privacy || Gün + Partners

Explicit consent has been defined as consent that relates to a specified issue, declared by free will, and based on information. The definition provides that not all kinds of consent will suffice under the Data Protection Law. The data subject must know for what s/he is giving consent and must clearly express his/her consent. For example, consent obtained in English from non-English speakers in Turkey would not be considered to be explicit consent. Further, implied consent is...»

Constitutional Court’s Last Judgement on Inspection of Employees' Correspondences

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Employment || Beril Yayla Sapan and Kardelen Özden

With the judgement dated 28 December 2021 and numbered 2018/34584[1], the Constitutional Court discussed the employer’s examination of the employees’ correspondence sent through the messaging program called WhatsApp and the termination of the employment contracts based on these correspondences, within the scope of the right to privacy and freedom of communication. In the said decision, the Constitutional Court ruled that the employer's obtaining of the contents of the messagi...»

Transfer of Personal Data to Third Party

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Data Protection and Privacy || Gün + Partners

Sensitive and non-sensitive personal data may be transferred to third parties if the data subject’s explicit consent is obtained or if one of the additional legal grounds is applicable for such transfer. The Data Protection Law does not define a third party; therefore, any individual or entity (other than the data controller and the data subject) may be considered a third party. This creates a problem, especially about transfers between data controllers and data processors, a...»

Transfer of Personal Data Abroad

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Data Protection and Privacy || Gün + Partners

According to Article 9 of the Data Protection Law; personal data may be transferred abroad solely (i) on the condition that explicit consent of the data subject has been obtained or (ii) provided that one of the conditions outlined in the second paragraph of Article 5 and the third paragraph of Article 6 of the Data Protection Law exist (other than explicit consent) and sufficient protection is provided in the foreign country where the data is to be transferred. As the DPA ha...»

Data Breach Notification

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Data Protection and Privacy || Gün + Partners

The Data Protection Law requires data controllers to notify the relevant data subject and the Board as soon as possible when being made aware of such data breach. In its decision dated January 24, 2019 and numbered 2019/9, the Board clarified the rules and procedures to be applied in data breach incidents. The Board takes the GDPR approach in terms of timing of breach notifications, and clarified that the term of “as soon as possible” within the Data Protection Law must be in...»