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 Developmentr and Predictions

Copyright Law in Turkey Key Developmentr 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

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Monthly Newsletters

August 2020

August 2020

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

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Keyword-Based Searches in Trademarks Law

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Trademarks and Designs || Uğur Aktekin and Berrin Dinçer Özbey

In a recent decision, the Federal Court of Germany ruled that the platforms displaying third party products as search results for the searches based on keywords that are identical to a trademark on e-commerce web sites shall be liable for breaches in the trademarks rights, in the event that these platforms use an algorithm with an active role in determining the products to be displayed. The Court has also decided that AdWords ads directed to these lists also constitute a sepa...»

Euro Exchange Rate for Drug Prices Updated for 2020

Articles -
Life Sciences || Dicle Doğan and Fatma Sevde Tan

Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 18 February 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language), stating that the Price Evaluation Commission had raised the Euro exchange rate to be used in pricing of the drugs to TRY3.8155 for 2020. The new exchange rate became effective on 19 February 2020. By way of background, the Euro exchange rate used for approving drug prices in Turkey is determined as per the Decisio...»

Guidelines on Importing Clinical Research Products

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Life Sciences || Dicle Doğan and Fatma Sevde Tan

Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 27 February 2020, the Turkish Medicines and Medical Devices Agency published Guidelines on the Import of Research Products to be used in Clinical Research (Turkish language). Pursuant to the Regulation on Clinical Research published in the Official Gazette dated 13 April 2013 and numbered 28617, permission from the agency is required for the manufacturing and import of products to be used in clinical research conducted in Tur...»

Roundtable Meeting on Post-Grant Patent Opposition Before the Turkish Patent and Trademark Office

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IP Prosecution || Ayşen Kunt

THE FIRST DETAILED INFORMATION WAS PROVIDED REGARDING THE POST-GRANT OPPOSITION SYSTEM BEFORE THE EUROPEAN PATENT OFFICE (“EPO”) FICPI-Turkey held the ninth of its traditional roundtable meetings at Turkish Patent and Trademark Office (“Türk Patent”) on 13 December 2019. The meeting was moderated by Selin Sinem Erciyas, who is the Vice President of the Board of Directors of FICPI-Turkey and Serkan Özkan, who is an Intellectual Property Expert at Türk Patent. The post-grant p...»

The Effect of COVID-19 Outbreak on Deadlines in Protection of Intellectual and Industrial Rights

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Trademarks and Designs, Copyrights, Anti-Counterfeiting and IP Prosecution || Hande Hançar and Elif Melis Özsoy

Following the enactment of The Law on Amendment of Certain Laws No. 7226 (“Law”), which entered into force upon publication in the Official Gazette dated 26 March 2020, the terms determined as per the Industrial Property Code (“IP Code”), applied either by the Turkish Patent and Trademark Office (“Office”) or before the relevant courts as statute of limitations for filing lawsuits, has been suspended. As per the Law, all terms suspended for the period between March 13, 2020 a...»

COVID-19’s Impact on Contracts and Relation with Force Majeure

Guides -
Corporate and M&A || Gün + Partners

The following statements are intended to help clarify the current legal situation caused by COVID-19 in terms of contracts and are valid for contractual relations subject to Turkish law. If contracting parties choose a law other than Turkish law as the law to be applied to the contract, the following statements may not apply. In such cases, the matter would have to be interpreted according to the law under which the contractual relationship is governed. 1. What is Force Majeu...»

COVID-19 Suspended the Enforcement and Bankruptcy Proceedings and the Terms

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Dispute Management and Business Crimes and Anti-Corruption || Rıza Gümbüşoğlu, Beril Yayla Sapan and Asena Aytuğ Keser

In scope of the measures taken to prevent COVID-19 outbreak from spreading within our country, the Presidential Decree on Suspension of the Enforcement and Bankruptcy Proceedings dated 21 March 2020 and numbered 2279 (“the Presidential Decree”), which was issued based on Article 330 of the Enforcement and Bankruptcy Act, has entered into force upon publication in the Official Gazette dated 22 March 2020 and numbered 31076. As per this Presidential Decree, all of the enforceme...»

COVID-19 Suspended Judicial Terms

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Dispute Management and Business Crimes and Anti-Corruption || Rıza Gümbüşoğlu, Beril Yayla Sapan and Asena Aytuğ Keser

The Law on Amendment of Certain Laws No. 7226 entered into force upon publication in the Repeated Official Gazette dated 26 March 2020 and numbered 31080. With the Law No. 7226, the procedural terms will be suspended until 30 April 2020 in order to prevent any loss of rights in regard to trials, due to the measures taken for COVID-19 outbreak. In this respect; Any and all terms in scope of the acquisition, use or extinction of a right, including the terms for filing lawsuits...»

Health Claims for Anti-Coronavirus Products in Advertising

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

As coronavirus cases continue to spread in Turkey and around the globe, ads for food supplements and food claiming to prevent the effects of the virus have been rampant in every media including TV, radio and internet. Legal authorities competent for ruling and supervising health claims in advertisements launched investigations since some advertisements of food supplements were considered to be unlawful, some food supplements advertised are not even authorized for sale and som...»

COVID-19 and Personal Data Protection

Guides -
Technology, Media and Telecom and Data Protection and Privacy || 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....»

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...»