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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

September 2021

September 2021

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

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New Euro Exchange Rate For Drug Prices For 2021

Articles -
Life Sciences || Dicle Doğan and Fatma Sevde Tan

On 19 February 2021, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language), stating that the foreign exchange rate between the euro and Turkish lira for drug prices would be raised to EUR1 to TRY4.5786 as of 20 February 2021. The euro exchange rate used for approval of drug prices in Turkey is determined as per the Decision on the Pricing of Human Medicinal Products (decision). Pursuant to the decision, the euro exchange rate is determi...»

New Guidelines on Electronic Scientific Meetings

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Life Sciences || Dicle Doğan and Fatma Sevde Tan

On 14 March 2021, the Turkish Medicines and Medical Devices Agency published the Guidelines on Applications for Electronic Scientific Meetings and Electronic Product Promotion Meetings (Turkish language). Electronic meetings have become more important because of the COVID-19 pandemic, and the guidelines have been published to answer questions raised in practice. They also introduce stricter rules for electronic meetings. Key provisions of the guidelines are as follows: Elect...»

The Guidelines For The Implementation of The Regulation on Sales, Advertisement And Promotion of Medical Devices Has Been Updated

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Life Sciences and Technology, Media and Telecom || Dicle Doğan and Fatma Sevde Tan

Following the adoption of the substantial amendments to the Regulation on Sales, Advertisement and Promotion of Medical Devices (“Regulation”) on 2 September 2020, the new Guidelines for the Implementation of the Regulation on Sales, Advertisement and Promotion of Medical Devices (“Guidelines”) has been published on the Turkish Medicines and Medical Devices Agency’s (“Agency”) website on 12 February 2021. The most crucial changes brought with the Guidelines are in relation to...»

Covid-19 Impact on Trademarks

Articles -
Trademarks and Designs || Gün + Partners

Having affected the entire world, the Covid-19 pandemic also had an impact on trademark law as it has other areas of law. When considered in detail, we see that trademark law is affected in various aspects by the Covid-19 pandemic. As a matter of fact, when we look at the period during March, April, and May, when the pandemic just started, one of the most apparent examples of this impact is that the number of trademark applications throughout the Covid-19 period has risen, al...»

Sector Inquiry on Online Advertising Sector

Articles -
Competition and Technology, Media and Telecom || Filiz Toprak Esin and Yalçın Umut Talay

The Competition Authority announced that the Competition Board decided to launch an inquiry related to the online advertising sector on 21.01.2021. As mentioned in the announcement, the online advertising sector has a complex supply chain which includes various services and actors. It has been emphasized that the market is in an intricate structure and develops rapidly. Similar to the global practice and having become subject to inquiries in some countries, the broadcasting s...»

Broad Trademarks Registered Without Intention to Use

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Trademarks and Designs || Uğur Aktekin, Mutlu Yıldırım Köse and Merve Çimen Sevine

Filing trademarks on a broad list of goods and services without the intention to use is common practice in Turkey. Owners of such trademarks might have acted in bad faith at the time of filing, or could abuse their rights arising from such trademarks while enforcing them. To illustrate, owners of overly broad trademarks may request third parties to pay a high amount of monies to grant them letters of consent, to withdraw their opposition, or to engage in co-existence agreemen...»

The Effect of the Pandemic on Trademark Applications

Articles -
Trademarks and Designs || Gün + Partners

2020 was a difficult year for businesses as humanity started to live through the first global disaster of the millennium, the Covid-19 pandemic. Just as the fluctuations in the economy and our changing work and lifestyles due to long months spent at homes destroyed our understanding of “normal.” As a result, business mentality, preferences and actions taken during the crisis have all changed. Although it is inevitable for trademark filings to be affected by these changes, the...»

Effects of Covid-19 on Brand Enforcement in Turkey

Articles -
Trademarks and Designs || Gün + Partners

Turkey’s first official diagnosis of COVID-19 was announced on March 11, 2020. Since then, the country has experienced lockdowns, quarantines, travel bans and limited access to public services at various levels. There were months where the legal and administrative bodies’ effectiveness was inversely proportional with the curve of pandemic. Incidentally, brand enforcement activities were also heavily affected, especially during the second and third quarters of 2020. However, b...»

Boundaries of the Supervisory Power Granted to the Court of Cassation

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Trademarks and Designs || Gün + Partners

When we take a closer look at the history of the Turkish judiciary system, the Court of Cassation has been an institution existing under different names and with different powers since 1868, and it serves as the supreme court of our judicial justice system. The Court of Cassation has taken the current position and duties together with the establishment of regional courts of justice, and the adoption of the triple justice system. Prior to the establishment of regional courts o...»

Well-known Trademark Registry Is Again Open for Debate

Articles -
Trademarks and Designs || Gün + Partners

In a recent decision that challenged long-standing precedents, the Court of Cassation has concluded that the Turkish Patent and Trademark Office (the Office) has no authority to create and maintain a registry for recording well-known trademarks. The background of the case relies upon the fact that the plaintiff’s application to have its trademark recorded as well-known was rejected by the Office’s Re-examination and Evaluation Board (the Board). The plaintiff filed a cancella...»

Enforcement of the Foreign Court Decisions Related to IP Rights in Turkey

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Trademarks and Designs || Gün + Partners

In principle, a court order rendered in one country has its legal effects and consequences only within the same country. For a foreign court decision to create legal effects and consequences, in Turkey, this decision needs to be legally recognized and/or enforced by Turkish courts. Regulations regarding the recognition and enforcement of foreign court decisions are stipulated between Articles 50 and 59 of the International Private and Civil Procedure Code (“IPCPC”), numbered ...»

Updates on Mandatory Mediation for IP Disputes

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Trademarks and Designs || Gün + Partners

As of January 01, 2019, mediation is mandatory for monetary related commercial disputes in Turkey. In our 2019 thought leadership paper, we shared our opinions on the effects of such development applied to IP related disputes in which compensation or payment of a certain amount is sought. Up to this point, practical impacts of this change were a question, especially for the cases that include both monetary and non-monetary claims. Recent decisions of the Turkish Court of Cass...»