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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

June 2022

June 2022

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

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Additional Price Difference in Public Tenders and Assignment of Tender Agreements

Articles -
Corporate and M&A || Begüm Yavuzdoğan Okumuş and Yalçın Umut Talay

A provisional article was added to the Public Procurement Agreements Law (the “Law”) on 19.01.2022 in order to provide an additional price difference upon the request of the contractors and to enable the contractors to assign their tender agreements with the approval of the relevant tender authority for certain procurements of goods/services and construction works. The purpose of this additional provision was to eliminate the negative implications of disruptions on supply cha...»

Declaration on Use of Patent and Compulsory License

Articles -
Patent and Utility Models and IP Prosecution || Gün + Partners

The new IP Codenumbered 6769 abolished the provisions on “the use requirement of patents” and “the evidence of use” of the Decree-Law About the Protection of Patent Rights. The IP Code now focuses on the requirements of use for patents within the provision of a Compulsory License. Accordingly, a patent owner must use the patented invention within three years following the publication of its granted decision in the Official Bulletin (‘the Bulletin’) or within four years from t...»

Determination of Royalty in Case of Compulsory License

Articles -
Patent and Utility Models and IP Prosecution || Selin Sinem Erciyas

The institution of “compulsory licensing”, which is regulated firstly in Article 99 of the repealed Decree-Law No. 551 and then, under Article 129 et seq. of the Industrial Property Law (“the IP Code”) in force, as a reflection of TRIPS Article 31, has not been needed to be implemented for long years in our country [Turkey]. However, with the outbreak of the COVID-19 pandemic, it has suddenly gained popularity since it is regarded as a “convenient” tool for abrogating patent ...»

Supply of Pharmaceutical Products from Abroad and Patent Rights

Articles -
Intellectual Property, IP Prosecution, Patent and Utility Models and Life Sciences || Gün + Partners

The supply of pharmaceutical products to Turkey via the Named Patient Programme (the “NPP”) is one of the exceptional importation regimes for pharmaceutical products. Where a pharmaceutical product is not granted marketing authorisation in Turkey, or it is granted marketing authorisation but not found in the market, but patients need it, it can be supplied via this special route by physician request. The entities that are authorised to import pharmaceuticals within the scope ...»

Preliminary Injunction Granted to Prevent Indirect Use of Invention

Articles -
Intellectual Property, Patent and Utility Models and IP Prosecution || Gün + Partners

One of the most striking developments of 2020 is a preliminary injunction decision given due to implementing the provision “Prevention of the Indirect Use of Invention” regulated in Article 86 of the IP Code. Although the expression “Indirect Use of Invention” is often confused with the “Indirect Infringement of Patents” concept, indirect patent infringement is not explicitly regulated in our law. Because as is known, the Turkish IP Code numbered 6769 (“IP Code”) lists the ac...»

Are Clinical Trials Excluded From Patent Protection in Turkey?

Articles -
Patent and Utility Models and IP Prosecution || Selin Sinem Erciyas and Zeynep Çağla Üstün

The Turkish IP Law (6769) rules on acts that constitute patent infringement and acts that are excluded from patent protection. However, when it comes to evaluating whether clinical trials in Turkey should be excluded from patent rights, it is important to take the experimental use exemption under Article 85/3(b) and the Bolar exemption under Article 85/3(c) into consideration. Unfortunately, this is easier said than done. No case law in Turkey clarifies which acts are include...»

Discovery of Evidence Requests and the Scope of Bolar Exemption

Articles -
IP Prosecution, Patent and Utility Models and Intellectual Property || Gün + Partners

Discovery of evidence requests are specially regulated under the Turkish Code of Civil Procedure No. 6100. The discovery of evidence enables determining a fact that is not yet examined in an ongoing action or a fact that will be put forward in a future action. It must be emphasised that, unlike the US and UK systems, there is no full and frank disclosure procedure under Turkish civil law. In other words, the parties may decide, at their discretion, which documents they will o...»

Impact of EPO Proceedings and EPC Provisions on National Actions

Articles -
IP Prosecution, Patent and Utility Models and Intellectual Property || Gün + Partners

Since Turkey’s inclusion as a member of the EPC, a hot topic has been the enforcement or invalidity of Turkish validation of European Patent(s) (“EP”) while proceedings before the European Patent Office (the “EPO”) are pending. Once an EP is validated in Turkey, it becomes a national patent. For EPs, the Office seems to have transferred its powers and duties to the European Patent Office; therefore, it functions as an institution that carries out only some procedural transact...»

Influencer Marketing and Social Media Influencers

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

In Turkey, until recently, there were no special provisions, laws, regulations or self-regulating rules relating to advertising through social media. In this respect, general advertising rules and principles were to apply. The control and supervision of advertisements on social media were also subject to the laws, regulations and provisions which apply to advertisements conducted through other media channels. It was considered that the advertisements published on social media...»

18+ Markings for Products with Rainbow Themes

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

Advertisement Board, with its highly controversial decision on November 2020; deemed the promotions and the sales of products such as t-shirts, sweatshirts, coffee mugs, phone cases, beach towels offered for sale on various e-commerce sites with expressions ”normal”, “LGBT”, “LGBT Power”, “Equality, Bisexual, Freedom, Lesbian, Gay, Love is Love, Homosexual”, LGBT Relationship”, “Love is Love”, “Pride”, “Peace”, “Love is Love”, and rainbow themes without +18 markings against t...»

Coronavirus Related Health Claims

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

After the first COVID-19 case encounter in our country, the advertisements of the food supplements and foods with health claims and nutrition claims have increased. The said products have been advertised and promoted to consumers on diverse platforms, including TV, radio and online platforms. Competent legal authorities launched investigations since some food supplements advertised are not even authorised for sales, and some made misleading health claims in their advertising....»

Sanctions on Food Supplement Ads on Social Media

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

In its meeting dated 14.07.2020 and numbered 299, the Advertisement Board imposed sanctions against the advertisement of a food supplement with the false health claim by various celebrities and ordered to cease the broadcast of food supplement’s advertisement and imposed administrative monetary fine corresponding to 104.781 Turkish Liras against each celebrity who advertised the product on his / her social media page as well as the advertiser. The Advertisement Board examined...»