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.

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.

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.

Patent Law in Turkey Key Developments and Predictions - 2020

Patent Law in Turkey Key Developments and Predictions - 2020

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

Trademark Law in Turkey Key Developments and Predictions - 2020

Trademark Law in Turkey Key Developments and Predictions - 2020

We focus on the eight main challenges encountered in the interpretation and implementation of key changes introduced by the IP Code.

Copyright Law in Turkey Key Development and Predictions

Copyright Law in Turkey Key Development and Predictions

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

Life Sciences Law in Turkey Key Developments and Predictions - 2020

Life Sciences Law in Turkey Key Developments and Predictions - 2020

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

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.

Data Protection and Privacy Law in Turkey Key Developments and Predictions

Data Protection and Privacy Law in Turkey Key Developments and Predictions

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

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Monthly Newsletters

February 2021

February 2021

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

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Lawful Data Processing

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Data Protection and Privacy || Gün + Partners

Processing Personal Data In principle, personal data can be processed with the explicit consent of the data subject. On the other hand, personal data can be processed without explicit consent in the following circumstances: 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 ...»

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 under their control. Furthermore, 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...»

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...»

Corporate Governance in Turkey 2020

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Corporate and M&A || Pelin Baysal and Görkem Bilgin

Sources of corporate governance rules and practices Primary sources of law, regulation and practice What are the primary sources of law, regulation and practice relating to corporate governance? Is it mandatory for listed companies to comply with listing rules or do they apply on a ‘comply or explain’ basis? The Turkish Commercial Code (TCC) dated 13 January 2011 (Law No. 6102) entered into force on 1 July 2012. The TCC has important objectives such as ensuring transparency,...»

The Regulation on Sales, Advertisement and Promotion of Medical Devices Has Been Amended

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

The regulation amending The Regulation on Sales, Advertisement and Promotion of Medical Devices was published in the Official Gazette No. 31232 dated 02.09.2020. The most important amendments made to the Regulation on Sales, Advertisement and Promotion of Medical Devices (“Regulation”) related to the restrictions imposed on medical device sales and advertising activities and regulations on notices to be made in personnel changes. 1. New Regulations Imposed on Sales of Medical...»

Terms of Termination Prohibition, Unilateral Unpaid Leave and Short-Time Working Allowance Have Been Extended Again

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Employment || Beril Yayla Sapan, Asena Aytuğ Keser and Melis Sılacı Korkmaz

Introduction Extension of termination prohibition and unilateral unpaid leave Extension of short-time working allowance Introduction Shortly after the publication of Law 7252 on the Establishment of Digital Platforms Commission and Amendment of Certain Laws in the Official Gazette (Number 31199, dated 28 July 2020), two presidential decrees (Numbers 2810 and 2811) were published in the Official Gazette (Number 31202) on 31 July 2020extending the termination prohibition, uni...»

Impacts of COVID-19 on Patent Law

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Patent and Utility Models || Gün + Partners

1. Will there be any loss of rights due to the failure to file patent applications or to make other transactions on time because of the COVID-19 pandemic? Pursuant to provisional article 1 of  The Law on Amendment of Certain Laws No. 7226 (“Law No. 7226”), which enacted by the Turkish Grand National Assembly (“Assembly”) on 25 March 2020, any and all terms in scope of the acquisition, use or extinction of a right, including the terms for filing lawsuits, enforcement proceedin...»

COVID-19’s Impacts on the Judiciary

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

This Q&A was written in scope of the legal provisions introduced as of 13 March 2020 to combat COVID-19, after the first COVID-19 case in Turkey was announced on 11 March 2020. The restrictions included in the Q&A have been removed as of 15 June 2020. However, considering the highly increasing number of patients as of September 2020, and the fact that certain enforcement offices have been shut down due to COVID-19, we are of the opinion that several measures may be in...»

COVID-19’s Impacts on Employment

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Employment || Beril Yayla Sapan, Asena Aytuğ Keser and Kardelen Özden

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...»

COVID-19’s Impacts on Trademark Prosecution

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IP Prosecution || Uğur Aktekin and Pınar Arıkan

1. Within the context of the measures taken for combating COVID-19, how will Turkish Patent and Trademark Office (TURKPATENT) function?TURKPATENT is open and active. In order to keep the number of physically working personnel of TURKPATENT at minimum, flexible working methods such as remote or shift working will continue to be implemented. However, as TURKPATENT is a paperless office and has a functional e-filing system, the services of TURKPATENT are not interrupted in this ...»

What Are the Recent Decisions and Announcements Made by Government Health Institutions?

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Life Sciences || Özge Atılgan Karakulak and Dicle Doğan

The outbreak of coronavirus (COVID-19), which has been declared as pandemic by the World Health Organization, has led to widespread measures being taken around the world. The coronavirus, first seen in Wuhan, China, in December 2019, has been detected in almost 28 Million cases in 215 countries as of today, creating a global crisis with a death toll of over 900.000. The number of cases and deaths started to rise rapidly after the announcement of the first case detection in Tu...»

Enforcement of Foreign Judgments 2021 in Turkey

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Dispute Management || Pelin Baysal and Beril Yayla Sapan

Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties, and what, if any, amendments or reservations has your country made to such treaties? Except for multilateral treaties on family law, Turkey is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. However, Turkey is part...»