Insights
The Use Criteria For The Recognition of Vested Right Claim Based on a Prior Trademark
In its decision dated 21.12.2022 and numbered 2021/5302 E.(Merits), 2022/9311 K.(Decision), the 11th Civil Chamber of the Court of Cassation upheld the Regional Court of Appeal’s decision regarding a refiled trademark application that because the plaintiff could not prove genuine use in class 44, a vested right in the plaintiff’s favor over the “M…” trademark was not constituted. On June 07, 2013, a trademark application was filed for the registration of the trademark “M…” in… »
Trademark Filing History May Result in Finding of Bad Faith Under Turkish Law
It is widely accepted in the literature[1] and decisions of the Court of Cassation[2] (“CoC”) that an applicant's attempt to create a trademark portfolio by trying to register other well-known trademarks can be sufficient to constitute proof of bad faith. In this context, first instance courts and regional courts of appeals will examine the applicant's other trademark applications and might accept that the registration of the disputed trademark was attempted in bad faith… »
Overview of Turkish IP Protection: Navigating Challenges
Turkish IP legislation is mostly in compliance with EU legislation. With the adoption of IP Code No. 6769 back in 2017, it is fair to say that legislation regarding trademarks, designs and patents is in line with international norms and standards. While the legal framework provides a solid foundation for IP rights protection, practical obstacles persist, revealing the need for further improvements. A significant challenge has been the limited specialized knowledge among… »
Sanal Moda
Turkey's Position on Non-Fungible Tokens
Introduction On 20 September 2017, the term “NFT” (non-fungible token) was officially coined by Dapper Labs Chief Technology Officer Dete Shirley in the form of the ERC-721 standard. NFTs boomed in 2021 and have remained relevant since. Despite the drops observed in their market volume in 2023, NFTs are still in the spotlight as numerous global brands are continuing to launch NFT collections and many trademark applications with coverage including NFTs are being filed all… »
Work Bearing The Characteristics of Its Author - “Selvi Boylum Al Yazmalım”
The decision of the 11th Civil Chamber of the Court of Cassation dated 24.05.2022 and numbered 2020/8509 E. 2022/3996 K. has been enlightening both in terms of the examination of the distinctive signs of the work and the works bearing the characteristics of the author, and in terms of the amendments made to the Law on Intellectual and Artistic Works, especially regarding cinematographic works. A. Summary of the Case The lawsuit subject to the decision was filed by the… »
Obligation to Open and Register a Website
Pursuant to Article 1524 of the Turkish Commercial Code (the "TCC"), joint stock and limited liability companies that are subject to independent audit (for detailed information on which companies are subject to independent audit please click here to access our article on the subject) are required to open a website within 3 months following the date of their incorporations in the trade registry or the date of entry into force of this obligation, and to devote a certain portion… »
Current Discussions for Processing of Personal Data in Insurance Sector
The Law on Protection of Personal Data No. 6698 (the “DPL”) has entered into force on April 7, 2016 in Turkiye to (i) protect the fundamental rights and freedoms, particularly the protection of private life, in processing of personal data and (ii) regulate the obligations and principles and procedures to be followed by real and legal persons processing personal data. The DPL is applicable to all real persons whose personal data are processed as well as real and legal entities… »
Developments Regarding the Renting of Residential Places for Tourism Purposes
The Law No. 7464 on the Renting of Residential Places for Tourism Purposes and Amendments to Certain Laws (the "Law") was published in the Official Gazette on November 2, 2023. The Law regulates in detail the conditions for renting residential places up to 100 days and the obligations of those who rent their premises for short terms for tourism purposes. The relevant provisions of the Law will come into force on January 1, 2024. Considering that short-term rental activities… »
Eco-Friendly Advertisements!
When you watch the commercials, do you often feel like advertising companies are working hard to convince you that their products or services are “eco”, “environmentally friendly”, “nature friendly”, “green” and “recyclable”? Does environmentally-friendly feature of a product have any impact on your preference to purchase or use it? In fact, are we yet at the end of an era of advertising products that are not “green” enough but promoted to be “green”? The “green advertising”… »
Conditions for Pharmaceutical Exporters Other than Pharmaceutical Warehouses is Published
On 29 December 2023, the Turkish Medicines and Medical Devices Agency (“Agency”) has published Guidelines on the Conditions for Pharmaceutical Export Made by Companies Other than Pharmaceutical Warehouses (the “Guidelines”). The Guidelines has been prepared in order to ensure the shipment and export of pharmaceutical products and dietary foods for special medical purpose in compliance with national and international standards, while protecting public health. The Guidelines… »
What Copyright and Trademark Owners Should Know About the Approach to NFTs in the Republic of Türkiye
Non-fungible tokens (NFTs) have grown in popularity since first entering public consciousness in 2021. They are digital tokens and may represent unique—virtual or real-world—items including songs, artworks, GIFs, virtual game items, videos, and cartoons. NFTs are created using blockchain technology and primarily operate within Ethereum, a blockchain platform with automated (smart) transactions. NTFs cannot be exchanged or replaced. The NFT is technically not the asset… »
News and Events
Our Lawyers Met with ELSA Ankara Members
As part of the "Lawyers @ Work" event, we hosted ELSA (European Law Students Association) Ankara member law students in our office. Our lawyers shared their working in a full service and institutional law firm experience with ELSA Ankara members and answered the questions of the participants about our firm.
İrem Girenes Yücesoy Met with Students at Career Days Organized by Koç University
İrem Girenes Yücesoy, senior associate in our trademarks and designs practice, attended online career days event organized by Koç University Law Club and Career Development Center. İrem Girenes Yücesoy met with university students, talked about career opportunities, employee experience, operating models of our practice areas, and responded to students’ questions.
Dicle Doğan, Spoke on Anti-Corruption Rules in Life Sciences Industry in Turkey at Seton Hall Law School Program
Dicle Doğan, managing associate in our life sciences practice, shared her experience on “Anti-Corruption rules in life sciences industry in Turkey” at Middle East Healthcare Compliance Certificate Program, organized by Seton Hall Law School in Dubai, U.A.E.
Announcement of New Managing Associate and Senior Associate Promotions, 2023
We announce the promotion of our lawyers Baran Güney, Direnç Bada and Yalçın Umut Talay to managing associate; Ahmet Kürşat Yıldız, Atahan Erkul, Cansu Evren, Ezgi Kut and Merve Çimen Sevine to senior associate taking effect from 1 February 2023.
Begüm Yavuzdoğan Okumuş Attended IAPP Europe Data Protection Congress 2022
Begüm Yavuzdoğan Okumuş, partner in our Data protection and privacy practice, was the facilitator of Women Leading Privacy Section Meet-Up at IAPP Europe Data Protection Congress 2022 in Brussels on November 16th. https://iapp.org/conference/iapp-europe-data-protection-congress/
Scholarships and Mentoring Support to 50 University Students and Our Donation to UNICEF Türkiye in Wake of Kahramanmaraş Earthquakes.
To the people of the Republic of Türkiye, We are devastated by the great loss lives and the enormous moral and material destruction caused by the Kahramanmaraş earthquake across the 10 provinces in the affected region. We pray that all those who have passed away may rest in peace, and wish swift recovery, patience and resilience to those rescued and yet to be rescued. We wish the greatest ease in their rescue efforts to the volunteers, and all public and private…
Uğur Aktekin Spoke at 2022 GALA Annual Meeting
GALA is an alliance of lawyers located throughout the world with expertise and experience in advertising, marketing and promotion law. #GALA #advertising https://www.galalaw.com/Events/Article/4528
We Have Been Selected as the “Trademark Firm of the Year” in Turkey by Global IP Awards 2022
We are delighted to have been named the winner of the Trademark Firm of the Year for Turkey in the Global IP Awards 2022, that recognise the outstanding achievements of law and attorney firms in litigation, prosecution and transactional work during 2021/2022.
International Intellectual Property Protection Forum 2022
Our partners, Barış Kalaycı and Zeynep Seda Alhas gave a presentation on “Anti-counterfeiting in Turkey” to the attendees at the IIPPF (International Intellectual Property Protection Forum) on September 27th. We thank the organizers of the Forum and its Secretariat JETRO (Japan External Trade Organization) for their kind invitation to this highly successful webinar as well as their interest in our jurisdiction and expertise.
Hande Hançar Spoke at GALA Global Advertising in an Age of Crisis and Change Event
Hande Hançar spoke at GALA Annual Meeting and GALA Global Advertising in an Age of Crisis and Change Event respectively and discussed The Obesity Crisis and its relationship with HFSS, functional and novel foods advertising regulations.
Gün + Partners Top Ranked by IP STARS 2022
We are proud to be listed as top tier firm and our five practitioners are listed among trademark stars and patent stars by Euromoney Managing IP’s IP STARS 2022 which is the leading resource for companies or individuals looking for experienced legal practitioners for contentious and non-contentious IP advice. Managing IP has been covering IP law and practice since 1990. https://www.ipstars.com/Jurisdiction/Turkey/Rankings/8546#rankings
Mehmet Gün has been listed in IAM Strategy 300 2022 - The World’s Leading IP Strategists
Mehmet Gün, our founding partner, is listed in IAM Strategy 300 Global Leaders 2022. The research, conducted by IAM, identifies the trailblazing individuals in the development and implementation of world-class IP value creation programmes.