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.

Dispute Management

Dispute Management

Commercial Dispute Resolution under Turkish Law: Rules, Developments and Insights

Patent and Utility Models

Patent and Utility Models

In this year's report, we focus on the key aspects of patent litigation in Turkey, and the most important or challenging issues in Turkish Patent Law.

Trademarks and Designs

Trademarks and Designs

In this year's report, we focus on the eight main challenges encountered in the interpretation and implementation of key changes introduced by the IP Code.

Copyrights

Copyrights

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

Life Sciences

Life Sciences

In this year's report, we focus on the key aspects of life sciences in Turkey, the most important and challenging issues in Turkey’s life sciences industry.

Technology, Media and Telecom

Technology, Media and Telecom

In this year's report, 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

July 2020

July 2020

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

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Personal Health Data Protection

Articles -
Life Sciences || Gün + Partners

The protection of personal data and personal health data is regulated under Personal Data Protection Law (“DPL”) numbered 6698. The DPL provides that the general rule for the processing of personal data is that such data may only be processed with the explicit consent of the data subject. As 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 a...»

Keyword-Based Searches in Trademarks Law

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Trademarks and Designs || Uğur Aktekin and Berrin Dinçer Özbey

In a recent decision, the Federal Court of Germany ruled that the platforms displaying third party products as search results for the searches based on keywords that are identical to a trademark on e-commerce web sites shall be liable for breaches in the trademarks rights, in the event that these platforms use an algorithm with an active role in determining the products to be displayed. The Court has also decided that AdWords ads directed to these lists also constitute a sepa...»

COVID-19’s Impacts on Employment

Guides -
Employment || Beril Yayla Sapan and Asena Aytuğ Keser

1. What are the measures to be taken by the employer at the workplace during the COVID-19 outbreak? Under the duty to protect the employee, the employer is obliged to take occupational health and safety measures and to protect the employee’s health, physical and mental integrity. Also as per the Occupational Health and Safety Act, the employer is obliged to ensure the occupational health and safety of the employees. In this scope, it is advised that the employer (if exists, b...»

Euro Exchange Rate for Drug Prices Updated for 2020

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

Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 18 February 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language), stating that the Price Evaluation Commission had raised the Euro exchange rate to be used in pricing of the drugs to TRY3.8155 for 2020. The new exchange rate became effective on 19 February 2020. By way of background, the Euro exchange rate used for approving drug prices in Turkey is determined as per the Decisio...»

Guidelines on Importing Clinical Research Products

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Life Sciences || Dicle Doğan and Fatma Sevde Tan

Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 27 February 2020, the Turkish Medicines and Medical Devices Agency published Guidelines on the Import of Research Products to be used in Clinical Research (Turkish language). Pursuant to the Regulation on Clinical Research published in the Official Gazette dated 13 April 2013 and numbered 28617, permission from the agency is required for the manufacturing and import of products to be used in clinical research conducted in Tur...»

Roundtable Meeting on Post-Grant Patent Opposition Before the Turkish Patent and Trademark Office

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IP Prosecution || Ayşen Kunt

THE FIRST DETAILED INFORMATION WAS PROVIDED REGARDING THE POST-GRANT OPPOSITION SYSTEM BEFORE THE EUROPEAN PATENT OFFICE (“EPO”) FICPI-Turkey held the ninth of its traditional roundtable meetings at Turkish Patent and Trademark Office (“Türk Patent”) on 13 December 2019. The meeting was moderated by Selin Sinem Erciyas, who is the Vice President of the Board of Directors of FICPI-Turkey and Serkan Özkan, who is an Intellectual Property Expert at Türk Patent. The post-grant p...»

The Effect of COVID-19 Outbreak on Deadlines in Protection of Intellectual and Industrial Rights

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Trademarks and Designs, Copyrights, Anti-Counterfeiting and IP Prosecution || Hande Hançar and Elif Melis Özsoy

Following the enactment of The Law on Amendment of Certain Laws No. 7226 (“Law”), which entered into force upon publication in the Official Gazette dated 26 March 2020, the terms determined as per the Industrial Property Code (“IP Code”), applied either by the Turkish Patent and Trademark Office (“Office”) or before the relevant courts as statute of limitations for filing lawsuits, has been suspended. As per the Law, all terms suspended for the period between March 13, 2020 a...»

COVID-19’s Impacts on the Judiciary

Guides -
Dispute Management || Pelin Baysal, Beril Yayla Sapan and Asena Aytuğ Keser

1. Within the context of the measures taken for combating COVID-19, how will the courthouses function? The courthouses across the country are open and active. That being said, As per the decision dated 13 March 2020 and numbered 66836956-010.07.01-E.12362 of the Directorate of Administrative Affairs of the Presidency, the public employees who are pregnant, taking breastfeeding leave, disabled, over 60 years old (except managers), or those having a chronic disease, will be de...»

COVID-19’s Impact on Contracts and Relation with Force Majeure

Guides -
Corporate and M&A || Gün + Partners

The following statements are intended to help clarify the current legal situation caused by COVID-19 in terms of contracts and are valid for contractual relations subject to Turkish law. If contracting parties choose a law other than Turkish law as the law to be applied to the contract, the following statements may not apply. In such cases, the matter would have to be interpreted according to the law under which the contractual relationship is governed. 1. What is Force Majeu...»

COVID-19 Suspended the Enforcement and Bankruptcy Proceedings and the Terms

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Dispute Management and Business Crimes and Anti-Corruption || Rıza Gümbüşoğlu, Beril Yayla Sapan and Asena Aytuğ Keser

In scope of the measures taken to prevent COVID-19 outbreak from spreading within our country, the Presidential Decree on Suspension of the Enforcement and Bankruptcy Proceedings dated 21 March 2020 and numbered 2279 (“the Presidential Decree”), which was issued based on Article 330 of the Enforcement and Bankruptcy Act, has entered into force upon publication in the Official Gazette dated 22 March 2020 and numbered 31076. As per this Presidential Decree, all of the enforceme...»

COVID-19 Suspended Judicial Terms

Articles -
Dispute Management and Business Crimes and Anti-Corruption || Rıza Gümbüşoğlu, Beril Yayla Sapan and Asena Aytuğ Keser

The Law on Amendment of Certain Laws No. 7226 entered into force upon publication in the Repeated Official Gazette dated 26 March 2020 and numbered 31080. With the Law No. 7226, the procedural terms will be suspended until 30 April 2020 in order to prevent any loss of rights in regard to trials, due to the measures taken for COVID-19 outbreak. In this respect; Any and all terms in scope of the acquisition, use or extinction of a right, including the terms for filing lawsuits...»

Health Claims for Anti-Coronavirus Products in Advertising

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Technology, Media and Telecom and Life Sciences || Hande Hançar and Baran Güney

As coronavirus cases continue to spread in Turkey and around the globe, ads for food supplements and food claiming to prevent the effects of the virus have been rampant in every media including TV, radio and internet. Legal authorities competent for ruling and supervising health claims in advertisements launched investigations since some advertisements of food supplements were considered to be unlawful, some food supplements advertised are not even authorized for sale and som...»