Insights
Publishing Rights in Online Use Recent Developments
Digital technologies continue to influence and transform the printed publication industry, much like their impact in various other sectors. Within this scope, the European Union (“EU) adopted the Directive on Copyright in the Digital Single Market (“the Directive”) to improve copyright laws to better address the challenges arising from the complexities brought by the digital environment. The Directive, as we reported in our articles published in previous years[1], brings… »
“7 Notes” and the Dilemma of Originality: The Limits of Plagiarism and Inspiration in Musical Works
Although “plagiarism” is not defined under Law No. 5846 on Intellectual and Artistic Works (“LIAW”) it is widely accepted in Turkish law as the act of using and appropriating the intellectual or artistic work of another without the permission of the owner. Similarly, “inspiration”, which does not have a clear definition or criteria in the LIAW systematic, means the creation of a new and original work by being influenced by another work. While drawing inspiration from existing… »
The Impact of Artificial Intelligence on the Music Industry
One of the most striking developments in the music industry in 2023 was the release of the song “Heart on my Sleeves” by an anonymous user named “Ghostwriter” using the AI-created voices of world-famous singers Drake and the Weekend. However, the song “Heart on my Sleeves” did not exist in the music market for a long time due to the removal of the song from the relevant platforms after Universal Music filed a notice of intellectual property infringement. Although the song was… »
Protection of Digital Fonts Under Copyright and Design Law
Digital fonts combine aesthetics and functionality as a key element of modern design and digital communication. A digital font consists of codes that define how it shall appear on screen[1]. These codes enable fonts to be created and used in the digital environment. In this scope, whether fonts expressed as computer software can be protected under the umbrella of intellectual property law has been subject of various debates. This article aims to discuss how fonts can be… »
Freedom of Quotation in Cinema Works
With respect to lawsuits filed in the scope of Law No. 5846 on Intellectual and Artistic Works (“FSEK") No. 5846, an important standard in terms of plagiarism is the limits of freedom of quotation. According to Article 35 of the FSEK, in order to make a quotation from a work, it is necessary to; (i) incorporate some sentences and paragraphs of a work made public, into another work of science and literature, (ii) incorporate certain elements of a published composition, at the… »
The Karalis Case: A 20-Year Legal Odyssey
More than 20 years of copyright litigation has finally ended in favor of Yannis Karalis a Greek composer and lyricist. While the dispute has made a lot of noise with the inclusion of prominent names in the music industry among the defendants, it also draws attention to the problematic points in the judicial system in terms of the length of the trial process. As discussed in our previous article, in the context of the relevant dispute, Yannis Karalis (the Claimant) filed an… »
Bit Palas vs. Sinek Sarayı: A Debate on Plagiarism in Creative Works
“Plagiarism” is not clearly defined in Law No. 5846 on Intellectual and Artistic Works (“LIAW”). Plagiarism, which is defined by the Turkish Language Association as "pilferage," is used in the context of intellectual and artistic works law to mean "to present someone else’s work as your own, taking a piece from someone else’s work without citing the source." While there is no definition for plagiarism under LIAW, instances of "freedom of quotation" are clearly defined under… »
Creative Signatures: How a Work Reflects Its Author’s Unique Characteristics
The Law on Intellectual and Artistic Works ("LIAW"), which has been amended many times since its entry into force in 1952, still causes uncertainty and confusion in practice. The 2022 decision of the Court of Cassation[1] and the recent decision of the 16th Civil Chamber of the Istanbul Regional Court of Appeals[2] have been a very guiding and clarifying decision in terms of examining the signs of the work, which are controversial in practice, and the amendments made to LIAW… »
An Evaluation on the Trademark Registration of Work Titles
Article 83 of Law No. 5846 on Intellectual and Artistic Works (“LIAW”) stipulates that the names of works can be protected independently of the works themselves under the provisions on unfair competition. Our assessment of this protection is discussed in our article, 'Protection of Work Titles' An important aspect of work title protection is their registration as trademarks. In practice, it is common for elements of cinematographic works, such as characters and locations, as… »
Protection of Work Titles
Work titles, as signs that distinguish one work from others, may also be protected independently of the work itself. Article 83 of the Law No. 5846 on Intellectual and Artistic Works (“LIAW”) provides a general framework for this protection. Although it is stated in judicial decisions that the name of the work, although it is not a work in itself, will benefit from copyright protection as a part of the work only if it emerges as an effort that makes the work effective by… »
Never Ending Delay for Administrative Revocation of Trademarks
In accordance with Article 26 of the Industrial Property Law (“IP Code”) no. 6769, interested persons may request the Office to revoke a trademark pursuant to paragraph 2 of Article 26 and the decision for revocation of a trademark can be taken accordingly. For a long time, the authority to revoke the trademarks belonged to the IP Courts as regulated by the former Decree Law no. 556 on the Protection of Trademarks. However, with the entry into force of the IP Code on January… »
How to Become a Responsible Influencer?
As of January 2024, there are 57.50 million social media users in Türkiye[1], and digital platforms hold the largest share of advertising investments at approximately 71.2% for the year 2024[2]. Within these digital investments, social media influencers account for 5%, underscoring their significant role in shaping consumer behaviour. Given the influence of social media influencers on consumption patterns, the importance of adhering to legal regulations concerning… »
News and Events
Our Electricity Turned "Green"!
Dear Friends and Colleagues, We have great news for you! As of June 2024, we have started using renewable energy sources for the electricity we consume at our headquarters. Prioritizing sustainable environmental policies in our firm’s operations is a part of our action plan that we created to combat climate change. To reduce our offices’ greenhouse gas emissions, we switched the electricity used in our main building in Istanbul to YEK-G certified renewable energy, provided…
Gün + Partners Top Ranked by IP STARS - Patent 2024
We are thrilled to announce that Gün + Partners has been top-ranked by Managing IP’s IP STARS 2024! Our team has been recognized as a top-tier firm in patent disputes and a tier 2 firm in patent prosecution. Additionally, three of our practitioners have been listed among the patent stars by IP STARS 2024. IP STARS is the leading specialist guide for companies or individuals looking for experienced legal practitioners to deal with contentious and non-contentious intellectual…
Our Partner Güldeniz Doğan Alkan and Senior Associate Cansu Evren Spoke at the PEM Event
Our partner Güldeniz Doğan Alkan and senior associate Cansu Evren spoke at the administrative cancellation of trademarks at the Attorney Consultation Meeting held by PEM in Istanbul on June 7, 2024, and provided the attorneys with their notes and recommendations on this matter.
Güldeniz Doğan Alkan Spoke at the Beyond Digital Borders: Internet Domain Names and Rights Conference
Our partner Güldeniz Doğan Alkan, spoke about "Legal Remedies for Intellectual Property and Personality Rights Violations in the Internet Environment" at the "Combatting Digital Threats: Internet Domain Name Abuse and Measures" session during the "Beyond Digital Borders: Internet Domain Names and Rights Conference" organized by TOBBUYUM & ICANN.
Beril Yayla Sapan Moderated TEİD Technical and Digital Evidence Collection and Intelligence Event
Beril Yayla Sapan, our partner in dispute management practice, moderated the event titled 'The Second Step of a Healthy Ethics and Compliance Program: Collection of Technical and Digital Evidence and Intelligence.' This panel was organized by the Ethics and Reputation Society (TEID) Internal Investigations Working Group and hosted by Gün + Partners.…
Uğur Aktekin and Hande Hançar Spoke at the GIPC Istanbul 2024
Our Partners Uğur Aktekin and Hande Hançar moderated two insightful sessions at the GIPC Istanbul 2024 conference. On the first day, Uğur Aktekin led a session on "IP Law and Enforcement Updates," alongside Mr. Erdem Kaya and Ms. Gizem Çaylı Yasa. They discussed the latest developments and enforcement updates within the Turkish IP ecosystem. On the second day, Hande Hançar moderated a session titled "Technology Transfer of Unprotected Information." Together with…
Hande Hançar Elected as the Chair of the Board of Directors of LES Turkey
We are proud to announce that Hande Hançar has been elected as the Chair of the Board of Directors of LES Turkey, Technology and Licensing Executives Society, for the 2024-2027 term. The mission of LES Turkey is to facilitate the global transfer of technology, the licensing of intellectual property, and the use of intellectual property at high standards within professional business life in accordance with relevant rules and regulations. This is achieved by creating a…
Mehmet Gün, Uğur Aktekin and Pınar Arıkan Have Been Recognized in the WTR Global Leaders 2024
We are delighted to announce that Mehmet Gün, Uğur Aktekin, and Pınar Arıkan have been recognized in the WTR Global Leaders 2024. WTR Global Leaders evaluates law firms and corporate trademark experts according to their expertise and experience in relation to creating, protecting, managing and enforcing essential brand rights, and also their ability to innovate, inspire and go above and beyond to deliver for their…
IAM Patent 1000 - The World's Leading Patent Professionals Rankings 2024 Announced
The 2024 edition of the IAM Patent 1000: The World’s Leading Patent Professionals has been released online. We are proud to announce that we have been recognised as the top tier firm and our 8 practitioners are recognized as the leading individuals in the IAM Patent 1000 - The World's Leading Patent Professionals 2024. The IAM Patent 1000 is a comprehensive directory that identifies the top patent professionals and expert witnesses globally, based on extensive research and…
Hande Hançar Listed in Top 250 Women in IP 2024
Congratulations to Hande Hançar to be recognised as Managing IP's Top 250 Women in IP 2024 edition. This special publication recognises some of the senior female IP practitioners in private practice who have performed exceptionally for their clients and firms in the past year.
We Completed Our 2024-2025 Legal Intern Evaluation Process
We have completed our legal intern evaluation process for the 2024-2025 period. We would like to thank all our candidates who showed great interest and applied. Welcome to our legal interns who will be with us from September. Hilal Gökdeniz, Yağmur Karakışla, Damla Köse, Meryem Çalışkan, Ayşe Erdoğan, Özge Dağlı, İpek Baltacıoğlu, İdil Kanadoğlu, Aysu Kevser Ergin, Miraç Tan Demirkale, Tuğçe Korkmaz, Ayşegül Aydemir, İsmail Arslan.
Atahan Erkul Spoke at the Panel Organized by OSS at the Automechanica Istanbul 2024
Atahan Erkul spoke at the panel organized by OSS at the Automechanica Istanbul 2024 Fair on Friday, May 24th, on the Importance of Brand Protection in Maintenance and Repair in the Automotive Sector and Recent Legal Developments. The panel featured presentations on legal sanctions under brand legislation regarding counterfeit automotive spare parts and an overview of annual activities.…