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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Protection of TV Program Formats in Turkish Law

Articles -
Copyrights || Gün + Partners

Regardless of being intellectual creations that are of great importance for the television production sector, program formats lack clear definition within the scope of Turkish law, as well as a broadly accepted assessment of their legal characteristics. Uğur Çolak, a former member of the Istanbul District Court, defined program formats as “Frameworks or outlines for programs transmitted by any broadcast format, including digital communications, which demonstrate how each epis...»

Coronavirus Support Package Announced on 18 March 2020 and Its Effects on Sectoral Basis

Articles -
Corporate and M&A, Employment, Administrative, Tax and Regulatory, Construction and Real Estate and Finance || Pelin Baysal and Beril Yayla Sapan

After first seen in December 2019 in Wuhan, China, the coronavirus -which leads to Covid-19 disease- has spread to 192 countries in only three months. The number of confirmed coronavirus cases has exceeded 340,000 globally with the number of deaths exceeding over 14,000 as of 23 March 2020. The first case of coronavirus in Turkey was detected on 11 March 2020. The number of cases in Turkey had increased to 1236 in the following 13 days with 30 citizens losing their lives due ...»

Key Developments and Predictions for Media and Advertising Law in Turkey

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Technology, Media and Telecom || Gün + Partners

In Turkey, the central piece of legislation on advertising law compliance issues is Turkish Consumer Protection Law numbered 6502 (“CPL”), the Regulation on Commercial Advertisements and Unfair Commercial Practices (the “Advertising Regulation”), prepared in line with the CPL and Broadcasting Law No. 6112. Broadcast media advertising is ruled and supervised by the RTUK, which is an autonomous and impartial public legal entity. The RTUK regulates and supervises the radio, tele...»

Comparative Advertising under Turkish Law

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Technology, Media and Telecom || Gün + Partners

Comparative advertising under Turkish Law has been allowed for many years. However, the definition of comparative advertising has been introduced into Turkish law for the first time as “advertisements used for the promotion of goods or services, in which elements concerning goods or services of a competitor are directly or indirectly used,” by the Regulation on Commercial Advertising and Unfair Commercial Practices (‘’Advertising Regulation’’), which entered into force after ...»

Testimonial Advertisement and Burden of Proof

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Technology, Media and Telecom || Gün + Partners

It is the main principle that all advertisements should be accurate, honest, and the accuracy of claims is required to be proven. In practice, it is crucial to determine whether the advertisement is accurate and is not misleading. There is no legal definition under Turkish Law for misleading advertising, while misleading advertising is strictly prohibited. Within general practices, misleading advertising is interpreted as advertisements giving false information to consumers a...»

Restricted Advertising of Certain Category of Food

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Technology, Media and Telecom || Gün + Partners

In Turkish advertising legislation, there is detailed and restricting rules for advertisements intended for children. The aim for these rules is to protect children against any kind of advertising that abuses their lack of knowledge and experience. It is clearly stated in the Adverting Regulation that advertisements that are likely to abuse children’s lack of knowledge and experience are strictly prohibited. The Advertisement Board attaches high importance to the protection o...»

Free Items Are Not Allowed for Certain Food Categories

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Technology, Media and Telecom || Gün + Partners

Within the scope of advertising restrictions on the foods that are not recommended for excessive consumption, on December 28, 2018, the Advertising Regulation introduced a new restriction stating that gifts that would appeal to the interests and taste of children shall not be given, and other similar marketing techniques that target children shall not be applied within the scope of practices which aim to increase the sales of foods of which excessive consumption is not recomm...»

Alcohol Advertising in Turkey

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Technology, Media and Telecom || Gün + Partners

Law No. 4250 on Alcohol and Alcoholic Beverages, as well as the Regulation on the Procedures and Principles of the Sale and Marketing of Tobacco Products and Alcoholic Beverages, prohibits every type of advertisement and presentation of alcoholic beverages, prohibits campaigns, promotions, and any activity that encourages the consumption and sale of alcoholic beverages in any kind of media. This ban includes broadcasts on TV and radio, ads in the cinema, product replacement, ...»

Advertising in Social Media and Influencer Marketing

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Technology, Media and Telecom || Gün + Partners

In Turkey, there are no special laws relating to advertising through social media and influencer marketing via social media. General advertising rules and principles apply. Influencer marketing should also adhere to rules regarding conformity to public order, fair competition, public/moral values, and accuracy, which are main principles regulating advertising in Turkey. Influencer marketing can be categorized as a particular form of testimonial advertising. The Regulation on ...»

Plain Packaging for Tobacco Products

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Technology, Media and Telecom || Gün + Partners

The amendments made in Law No. 4207 on Prevention and Control of Hazards of Tobacco Products (“Law No. 4207”), as well as the Regulation on Manufacturing, Labelling and Supervision of Tobacco Products (“Regulation”), which was prepared by the Ministry of Agriculture and Forestry, introduced the plain packaging principle for tobacco products, and amended the rules to be applied concerning health warnings on tobacco products.  The amendments in Law No. 4207, as well as the new ...»

RTUK’s Supervision over Internet Broadcasts

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Technology, Media and Telecom || Gün + Partners

The amendments dated 27.03.2018 to Law No. 6112 on the Establishment of Radio and Television Enterprises and Their Media Services (“RTUK Law”) introduced Article 29/A to the RTUK Law, basically ruling that media service providers that make online broadcasting, and platform operators, which transmit these broadcasts via the internet, are required to obtain broadcasting licenses from the Radio and Television Supreme Council (“RTUK”). As per the same provision, media service pro...»

Contests and Sweepstakes

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

Chance-based sweepstakes (i.e. random-draw promotions, instant-win games) and skill-based contests are generally permissible in Turkey. Chance-based sweepstakes where cash is given as a prize, may only be conducted by the National Lottery Administration (“NLA”), which is the sole authority to organize lotteries and draws with a cash reward. Chance-based sweepstakes and skill-based contests, where the prize is non-cash, can be conducted by real or legal persons under specific ...»