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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.

Trademark Law in Turkey Key Developments and Predictions - 2021

Trademark Law in Turkey Key Developments and Predictions - 2021

We have compiled our articles on various topics of trademark law that we deem important for brand owners, which we have developed over the course of the last year.

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.

Life Sciences Law in Turkey Key Developments and Predictions - 2021

Life Sciences Law in Turkey Key Developments and Predictions - 2021

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

Data Protection and Privacy Law in Turkey Key Developments and Predictions 2021

Data Protection and Privacy Law in Turkey Key Developments and Predictions 2021

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

Copyright Law in Turkey Key Development and Predictions 2021

Copyright Law in Turkey Key Development and Predictions 2021

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

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.

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Monthly Newsletters

January 2022

January 2022

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 Impact on Trademarks

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Trademarks and Designs || Gün + Partners

Having affected the entire world, the Covid-19 pandemic also had an impact on trademark law as it has other areas of law. When considered in detail, we see that trademark law is affected in various aspects by the Covid-19 pandemic. As a matter of fact, when we look at the period during March, April, and May, when the pandemic just started, one of the most apparent examples of this impact is that the number of trademark applications throughout the Covid-19 period has risen, al...»

Sector Inquiry on Online Advertising Sector

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Competition and Technology, Media and Telecom || Filiz Toprak Esin and Yalçın Umut Talay

The Competition Authority announced that the Competition Board decided to launch an inquiry related to the online advertising sector on 21.01.2021. As mentioned in the announcement, the online advertising sector has a complex supply chain which includes various services and actors. It has been emphasized that the market is in an intricate structure and develops rapidly. Similar to the global practice and having become subject to inquiries in some countries, the broadcasting s...»

Broad Trademarks Registered Without Intention to Use

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Trademarks and Designs || Uğur Aktekin, Mutlu Yıldırım Köse and Merve Çimen Sevine

Filing trademarks on a broad list of goods and services without the intention to use is common practice in Turkey. Owners of such trademarks might have acted in bad faith at the time of filing, or could abuse their rights arising from such trademarks while enforcing them. To illustrate, owners of overly broad trademarks may request third parties to pay a high amount of monies to grant them letters of consent, to withdraw their opposition, or to engage in co-existence agreemen...»

The Effect of the Pandemic on Trademark Applications

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Trademarks and Designs || Gün + Partners

2020 was a difficult year for businesses as humanity started to live through the first global disaster of the millennium, the Covid-19 pandemic. Just as the fluctuations in the economy and our changing work and lifestyles due to long months spent at homes destroyed our understanding of “normal.” As a result, business mentality, preferences and actions taken during the crisis have all changed. Although it is inevitable for trademark filings to be affected by these changes, the...»

Effects of Covid-19 on Brand Enforcement in Turkey

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Trademarks and Designs || Gün + Partners

Turkey’s first official diagnosis of COVID-19 was announced on March 11, 2020. Since then, the country has experienced lockdowns, quarantines, travel bans and limited access to public services at various levels. There were months where the legal and administrative bodies’ effectiveness was inversely proportional with the curve of pandemic. Incidentally, brand enforcement activities were also heavily affected, especially during the second and third quarters of 2020. However, b...»

Boundaries of the Supervisory Power Granted to the Court of Cassation

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Trademarks and Designs || Gün + Partners

When we take a closer look at the history of the Turkish judiciary system, the Court of Cassation has been an institution existing under different names and with different powers since 1868, and it serves as the supreme court of our judicial justice system. The Court of Cassation has taken the current position and duties together with the establishment of regional courts of justice, and the adoption of the triple justice system. Prior to the establishment of regional courts o...»

Well-known Trademark Registry Is Again Open for Debate

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Trademarks and Designs || Gün + Partners

In a recent decision that challenged long-standing precedents, the Court of Cassation has concluded that the Turkish Patent and Trademark Office (the Office) has no authority to create and maintain a registry for recording well-known trademarks. The background of the case relies upon the fact that the plaintiff’s application to have its trademark recorded as well-known was rejected by the Office’s Re-examination and Evaluation Board (the Board). The plaintiff filed a cancella...»

Enforcement of the Foreign Court Decisions Related to IP Rights in Turkey

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Trademarks and Designs || Gün + Partners

In principle, a court order rendered in one country has its legal effects and consequences only within the same country. For a foreign court decision to create legal effects and consequences, in Turkey, this decision needs to be legally recognized and/or enforced by Turkish courts. Regulations regarding the recognition and enforcement of foreign court decisions are stipulated between Articles 50 and 59 of the International Private and Civil Procedure Code (“IPCPC”), numbered ...»

Updates on Mandatory Mediation for IP Disputes

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Trademarks and Designs || Gün + Partners

As of January 01, 2019, mediation is mandatory for monetary related commercial disputes in Turkey. In our 2019 thought leadership paper, we shared our opinions on the effects of such development applied to IP related disputes in which compensation or payment of a certain amount is sought. Up to this point, practical impacts of this change were a question, especially for the cases that include both monetary and non-monetary claims. Recent decisions of the Turkish Court of Cass...»

Borders and Principles of Processing Employee Data in Turkey in Light of DPA and Court Decisions

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Data Protection and Privacy and Employment || Begüm Yavuzdoğan Okumuş and Beril Yayla Sapan

Click here to watch the webinar on this topic. Private life has been protected under the Turkish Constitution before the enactment of Data Protection Law came into force in 2016 in Turkey. Disputes related to monitoring employee personal data in the work place have been subject to court decisions based on the constitutional provisions mostly and also several decisions have been taken by the Data Protection Authority (“DPA”) in this respect. Legal grounds for data processing i...»

International Insurance Law and Regulation 2021

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Insurance and Reinsurance || Gün + Partners

Introduction to the March 2021 Edition of International Insurance Law and Regulation International Insurance Law and Regulation is a comprehensive collection of commentary from internationallyrecognized practitioners who are experts in their jurisdictions. These specialists discuss the law and regulation of insurance in their region, creating a country-by-country guide on doing business in this highly structured and regulated industry. The March 2021 edition contains the foll...»

The Benefits of Filing a Criminal Case Based on Trademark Infringement for Counterfeit Products Subjected to the Crime of Smuggling

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Anti-Counterfeiting and Trademarks and Designs || Barış Kalaycı and Direnç Bada

Turkey’s geographical location and dynamic population make Turkey an important market for smuggled products and one of the major transit countries. In its most basic definition, a smuggled product corresponds to the products entering the country without permission or with underreporting/false declaration. Products subject to the crime of smuggling comprise a wide range of sectors from pharmaceuticals to tobacco and alcohol products, from textiles to phones and car components....»