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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COVID-19 and Personal Data Protection

Guides -
Technology, Media and Telecom || Begüm Yavuzdoğan Okumuş and Selin Başaran Savuran

1. Can processing personal data for the purpose of protecting public health within the scope of the struggle and measures taken to prevent the Covid-19 epidemic and its risk be considered as an exception under the Personal Data Protection Law in Turkey? What are the legal reasons for data processing within this scope? Under Article 28 of the Law on the Protection of Personal Data No. 6698 ("Law No. 6698"), cases that may be exempted from the application of the law are listed....»

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...»

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 340,000 cases in 192 countries as of today, creating a global crisis with a death toll of over 19,000. The number of cases and deaths started to rise rapidly after the announcement of the first case detection in Turkey...»

Is a Minor Difference From a Patented Range Enough to Win an Infringement Case?

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Patent and Utility Models || Selin Sinem Erciyas and Zeynep Çağla Üstün

Co-published There is no explicit rule in Turkish law that covers patent infringement in cases where a product possesses a minor difference from a patented range. Further, Turkish High Court decisions have not shed any direct light on this matter. However, there have been several infringement actions brought before IP courts, wherein a rights holder has alleged that a product, which varies slightly from its patent’s scope of protection, is considered to be infringing. Thus fa...»

No Separate Claim for Interest Needed When Increasing Value of Claim in Dispute

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Dispute Management || Beril Yayla Sapan and Asena Aytuğ Keser

On 24 May 2019 the Supreme Court General Assembly on the Unification of Judgments (General Assembly) concluded that the plaintiff in a partial monetary action need not reiterate its claim for interest when increasing the value of the claim if it claimed interest for its principal receivables in the plaint petition and the claim of interest will automatically apply for the amount which is increased later on (Decision 2017/8 E, 2019/3 K). Background Partial claim actions are fi...»

Key Developments and Predictions for Copyright Law in Turkey

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Copyrights || Gün + Partners

Copyright protection is granted under Law on Intellectual and Artistic Works No. 5846 (the “LIAW”) in Turkey. The LIAW entered into force on January 01, 1952, and was amended in the years of 1983, 1995, 2001, 2004, 2007 and, lastly, 2008. The Draft Bill on the Amendment of the Code (the “Draft Bill”) was published for public opinion on May 05, 2017; however, there is currently no indication that this Draft Bill will enter into force in the near future. On the other hand, the ...»

Assignment of Copyrights

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Copyrights || Gün + Partners

Law on Intellectual and Artistic Works No. 5846 (the “LIAW”) takes a very formalistic approach regarding the transfer of copyrights arising from these types of work. Under the Turkish copyright law, the general principle is that the person who actually creates a work is the author of that work. The “work made for hire” concept is not accepted under Turkish law. The right transfers should be made in writing, once the work is embodied, indicating, expressly, which rights are tr...»

Notice and Takedown Procedure for Copyright Protection

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Copyrights || Gün + Partners

Copyrights are amongst the most infringed-upon rights in the internet environment. On this account, Turkey applies a notice and takedown system in online copyright infringement cases as a practical tool, which is also widely recognized in many jurisdictions around the globe. In Turkey, copyrights are protected under Law on Literary and Artistic Works No. 5846 (“Law No. 5846”). According to Law No. 5846, if a work is adapted, duplicated and circulated, performed or broadcast t...»

Artificial Intelligence and Copyright

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Copyrights || Gün + Partners

Artificial intelligence (“AI”) is defined as “the ability of a digital computer or computer-controlled robot to perform tasks commonly associated with intelligent beings.” With the advancement of technology, AI systems have learned to create music and art and, furthermore, today, AI can write poems, novels, stories, and legal articles. As a result of these developments, discussions have begun regarding AI-created works of art, and the notion of ownership and enforcement withi...»

Fair Use Doctrine

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Copyrights || Gün + Partners

Intellectual Property Law, in principle, rewards the creativity of owners by granting them privileged rights on related works within the scope of copyright legislations, and prohibits reproduction, transmission, representation or use of the work in other ways, without the consent of the owner. On the other hand, the “Fair Use” doctrine, which basically finds application in Anglo-Saxon legal systems, allows limited use on copyrighted work without the permission of the right ho...»

Compensation Liability for Copyright Infringement

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Copyrights || Gün + Partners

The author or the owner of a work is entitled to claim compensation in the case of violation of economic and moral rights arising from the ownership of the work protected under Law No. 5846, the Intellectual and Artistic Works (the “LIAW”), in addition to other legal remedies.  Article 70 of the LIAW regulates the compensation that may be claimed based on violation of economic and moral rights, separately. Accordingly, the author whose moral rights have been infringed, is ent...»

Copyrights Overlapping other IP rights

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Copyrights || Gün + Partners

The overlapping of copyrights with other IP rights, in particular, with trademarks and designs, is a common case in many jurisdictions, including Turkey. It refers to the protection of an intellectual creation under both copyright law and trademark or design law. In Turkey, an intellectual creation benefits from cumulative protection, if it simultaneously fulfils the criteria to be protected as a copyrighted work under Law of Literary and Artistic Works No. 5846 (“Law No. 584...»