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.

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

November 2020

November 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: Restrictions on Promoting Medicines

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Life Sciences || Dicle Doğan and Fatma Sevde Tan

In accordance with general precautions established by the government due to the COVID-19 pandemic, the Turkish Medicines and Medical Devices Agency published new arrangements in March 2020 on promotional activities concerning medicines to encourage social isolation. On 19 March, the Agency published an announcement (Turkish language) indicating that product promotion representatives of the pharmaceutical companies must cease visiting health institutions and establishments, in...»

COVID-19: Precautions to Be Taken in Clinical Trials

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Life Sciences || Dicle Doğan and Fatma Sevde Tan

On 20 March 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) on precautions to be taken in clinical trials due to the COVID-19 pandemic. The announcement states that sponsors of clinical trials should continuously assess risk and update their research organisations accordingly. This risk assessment should take into account the COVID-19-related priorities, reduce the burden of research centres and follow social isolation rules...»

Court of Appeal Grants Protection to Relatively Weak Mark in Questionable Decision

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Trademarks and Designs || Güldeniz Doğan Alkan and Dilan Sıla Kayalıca

TURKPATENT found that there was no likelihood of confusion between AFİYETLE DİYET and AFİYET The IP Court, the District Court and Court of Appeal disagreed, concluding that there was a likelihood of confusion The case shows that there is no established approach to weak trademarks Background In 2014 the defendant applied to register the trademark AFİYETLE DİYET (which may be translated as ‘diet with health, appetite’) in Classes 5, 9, 29, 30, 31 and 32. The plaintiff, the ow...»

Enforcement: An International Litigation Guide 2019, Turkey

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Trademarks and Designs || Güldeniz Doğan Alkan, Cansu Evren and Ayşenur Çıtak

I. PRE-FILING REQUIREMENTS/DEMAND LETTERS Although it is not mandatory to send a demand letter before instituting proceedings in this jurisdiction, it is common to send such a letter. Although it is not mandatory to attempt to settle with the other party before instituting proceedings in this jurisdiction, it is commonly done. It is neither mandatory nor common to engage in mediation or other alternative dispute resolution proceeding with the other party before inst...»

Prohibition on Termination and Unilateral Unpaid Leave Enters Into Force

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Employment || Beril Yayla Sapan and Asena Aytuğ Keser

Introduction On 17 April 2020 the Law on Minimising the Impacts of the New Coronavirus (COVID-19) Outbreak on Economic and Social Life and the Amendment of Certain Laws (7244) (the Amendment Law) was published in the Official Gazette (31102) and entered into force. The most significant amendments introduced to the Labour Act, the Act on Trade Unions and Collective Bargaining Agreements and the Unemployment Insurance Act include: the prohibition on employers terminating emplo...»

Did the Advertisement Board Clarify the Limits of Distributing “Free Item” With Food Products?

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

In a recent decision dated February 11, 2020 and numbered 2019/9931 the Advertisement Board, held that promotions of a food company for its potato chips with accompanied free ice tea coupons are compliant with Advertising Regulation. Hence Advertisement Board imposed no sanction against these promotions. This is an important and exemplary decision for evaluating the Advertisement Board’s approach in terms of implementation of Article 24/A (3) of the Regulation on Commercial A...»

How Do Insurance Contracts Respond to COVID-19 Outbreak?

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Insurance and Reinsurance || Pelin Baysal and Ilgaz Önder

1. General Overlook Measures and restrictions being gradually introduced by the government against the COVID-19 outbreak, which was announced as a pandemic by the World Health Organization and diagnosed for the first time in Turkey on 11 March 2020, aim to protect public health while sustaining employment, production and supply chains. Restrictions, which were first imposed on flights to China in February, were introduced for flights to another 71 countries in March.[1] These...»

Trademarks with High Distinctiveness in Bad Faith Assessment

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Trademarks and Designs || Uğur Aktekin and Berrin Dinçer Özbey

... 11th Civil Chamber of the Turkish Court of Appeals (“CoA”) has set forth in its decision dated 18.11.2019 (2019/359 E. and 2019/7279 K.) that the later dated trademark application was filed in bad faith by taking into account the high level of recognition as well as the original and distinctive nature of the prior dated trademark which has no meaning. ... CoA has emphasized in its decision dated 18.11.2019 (2019/359 E. and 2019/7279 K.) that the high distinctive character...»

Employment and Employee Benefits 2020 in Turkey

Guides -
Employment || Rıza Gümbüşoğlu, Pelin Baysal and Beril Yayla Sapan

Scope of employment regulation Do the main laws that regulate the employment relationship apply to: Foreign nationals working in your jurisdiction? Nationals of your jurisdiction working abroad? Laws applicable to foreign nationals In the absence of a foreign law chosen by the parties to govern the employment contract, employment laws in Turkey apply to both Turkish and foreign nationals. Under Act on Private international and Procedural Law No. 5718, parties can choose ...»

Key Developments and Predictions for Trademark Law in Turkey - 2020

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Trademarks and Designs || Gün + Partners

Trademark law has continued to evolve at a slow pace within the course of the last year, while January, 2020, marks the completion of the third year of Industry Property Code No. 6769 (“the IP Code”). The Turkish Patent and Trademark Office (“TÜRKPATENT” or “the Office”) issued guidelines in an aim to bring clarity on absolute grounds examination, and a new guideline is to be announced within the first half of 2020. The decisions of TÜRKPATENT in opposition and appeal phases ...»

Loss of Right Due to Acquiescence in Infringement

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Trademarks and Designs || Gün + Partners

The loss of right due to the acquiescence principle had not been regulated in Turkish Law prior to the implementation of the IP Code. However, the Court of Appeals has started to apply this principle based on the circumstances of each case within the scope of the good faith principle and prohibition on abuse of rights, which is regulated under Article 2 of the Turkish Civil Code (“TCC”), and these have become established case-law precedents. In the decisions of the Court of A...»

Protection Scope of Weak Trademarks

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Trademarks and Designs || Gün + Partners

According to Article 4 of the IP Code a sign should be distinctive in order to benefit from trademark protection. Distinctiveness is an essential factor in determining the scope of protection of a trademark, and the protection scope of trademarks differs according to the distinctiveness level of the component(s) that form the trademark. The trademarks composed of non-distinctive components, or components where the distinctiveness is weak, are called “weak trademarks.” Althoug...»