Insights
What will be the Fate of the Guarantee Provided for the Preliminary Injunction Decision?
The Turkish Code of Civil Procedure No. 6100 (“CCP”) regulates the granting of a preliminary injunction in return of a guarantee. However, the focus of this study is on the fate of the guarantee provided for a preliminary injunction in the event that a compensation action is filed after the finalisation of the action in which guarantee is given. Yet there is neither a specific provision in the CCP on this issue, nor a concrete, established practice on how this important issue… »
TÜRKPATENT Issues Long Awaited Amendments on Implementing Regulations of IP Code Regarding Administrative Revocation of Trademarks
Article 26 of the Industrial Property Code, granting the Turkish Patent and Trademark Office (“the Office”) the authority to revoke trademarks, came into force on January 10, 2024. Fourteen months after the entry into force of the administrative revocation of trademarks, the Office published a regulation amending the regulation on the implementation of the administrative revocation of trademarks. Background With the entry into force of the Industrial Property Code no. 6769… »
Threshold Values for Statutory Independent Audit Updated for 2025
The threshold values to be used in determining whether companies will be subject to independent audit under the Turkish Commercial Code No. 6102 (the “TCC”) for financial year starting on or after January 1st 2025 have been updated with the Presidential Decree published in the Official Gazette dated May 1st 2025 and numbered 32887. Accordingly, the general thresholds for being subject to independent audit for companies other than those specifically listed in the annex of the… »
Jurisdictional Implications of CJEU Case C-339/22 and Article 71(3) of Brussels Ibis for Non-EU States: The Case of the UK, Norway, Switzerland and Türkiye
As previously discussed in articles such as The Unified Patent Court: How Will It Affect Turkey? by Gün + Partners, decisions of the Unified Patent Court (UPC) on the infringement or validity of a European patent are not binding on the national courts of non-EU countries, including the United Kingdom, Norway, Switzerland, and Türkiye. This reflects the principle of territoriality, which limits the jurisdiction of international courts to their member states. Although these… »
Bad-faith Filings in Türkiye: How Credible is the Trademark PETSHOP For Musical Instruments?
The plaintiff, which has been using PETSHOP as a non-registered trademark since 2008, sought the invalidation of PETSHOP for “musical instruments” in Class 15 The IP Court denied the plaintiff’s claims based on its earlier rights in the non-registered mark since the plaintiff’s earlier use did not relate to Class 15 goods However, the court concluded that the defendant’s PETSHOP mark had been filed in bad faith A recent case involving the mark PETSHOP reflects the common… »
Popeye without Spinach, Mickey Mouse without Gloves? Copyright Terms and the Public Domain
While copyright protection grants authors the exclusive right to exploit their creations, this protection is not indefinite. At the end of the term determined by the legislation of each country, the financial rights granted to the author expire and the work enters the public domain. The public domain process ensures that works become part of the collective heritage and thus continue to freely evolve and live on for generations. In this way, numerous masterpieces, from world… »
Trademark Applications Made in Bad Faith and the Assessment of Bad Faith in European Union Law Under the CP13 Common Practice in Comparison With Turkish Trademark Law
ABSTRACT Bad faith in EU trademark law is regulated under the EU Trademark Regulation and related directives. According to the Court of Justice of the European Union, bad faith is an autonomous concept of EU law and must be interpreted uniformly across the Union. Although various legislative efforts continue within the EU harmonization framework, amendments to the regulations and directives alone do not ensure consistent and predictable decisions by national trademark offices… »
The Guide to Challenging and Enforcing Arbitration Awards - Fourth Edition
Form of awards 1. Must an award take any particular form? Article 14(A) of the International Arbitration Law (IAL) provides that an award must include: the names, surnames, titles and addresses of the parties, their representatives and lawyers; the legal grounds on which the award is based and, if there is a claim for compensation, the amount of compensation; the place of arbitration and the date of the award; the name, signature and a dissenting opinion, if any, of the… »
The Regional Administrative Court’s Decision on Trade Secrets And The Administration’s Responsibility Against Unfair Competition
Protecting patent rights in a timely manner is crucial for original pharmaceutical product manufacturers, particularly in being informed of potential infringements before an infringing product enters the market. However, information requests submitted by legal representatives of original drug marketing authorisation (MA) holders regarding the authorisation files of generic companies—who seek approval through an abridged application referencing the original pharmaceuticals—are… »
The ELECTRIC PLAYGROUND Case: a Controversial Approach to Descriptiveness and Distinctiveness
ELECTRIC PLAYGROUND was found descriptive and devoid of distinctiveness in Türkiye, but was registered as a trademark for the same services in the US The approach adopted by the Turkish IP Office and courts was arguably excessive and disproportionate The application was refused for sports, culture and entertainment services in Class 41 A recent IP case has evaluated the descriptiveness and distinctive character of English-language word marks with respect to Turkish… »
Constitutionality of the Turkish Competition Authority’s Power to Conduct On-Site Inspections in Light of the Decision of the Turkish Supreme Court Issued on 23/3/2023
ABSTRACT In Turkish and European Union competition law practices, competition authorities are vested with various powers aimed at protecting competition, by investigating, inquiring, detecting, and terminating competition infringements. The scope and extent of these powers have been the subject of numerous debates and legal cases. Most recently, the Turkish Constitutional Court’s decision issued on 23/3/2023, which ruled that the Turkish Competition Authority’s power to… »
The Court of Cassation’s Approach to Proving Overtime Through Witness Testimony
An employee who claims to have worked overtime and demands overtime pay from the employer bears the burden of proving this claim. At this point, the employee may rely on written evidence such as workplace records, documents indicating entry to and exit from the workplace, and internal workplace correspondence. However, if an employee is unable to prove the overtime work through such written evidence, the employee may also substantiate her/his claims through witness testimony.… »
News and Events
Direnç Bada, was Recently Featured in the CNBC Documentary, "Ozempic Underworld - The Black Market of Weight Loss Drugs"
We are pleased to announce that our Managing Associate, Direnç Bada, was recently featured in the CNBC documentary, "Ozempic Underworld — The Black Market of Weight Loss Drugs." In his interview, Direnç, highlighted the growing concerns over counterfeit and diverted weight loss medications circulating in the market. "Despite the strict prohibition on selling these products online in Turkey, we are seeing a troubling rise in both online platforms and broader market channels…
We are Attending the IBA Annual Conference in Mexico City
We are excited to announce our participation in the International Bar Association (IBA) Annual Conference 2024 in Mexico City and warmly invite you to meet with us during the event. Representing Gün + Partners at the conference will be Görkem Bilgin, Özge Atılgan Karakulak, Advisory Board Member of the IP and Entertainment Law Committee, and Uğur Aktekin. As an independent law firm recognized internationally among the top-tier legal services providers, we pride ourselves on…
Özge Atılgan Karakulak Has Been Elected to the Board of Directors of Transparency International Turkey
We are proud to announce that Özge Atılgan Karakulak has been elected to the Board of Directors of Transparency International Turkey (TI Turkey). TI Turkey plays a vital role in promoting transparency, integrity, and accountability across all sectors of society, contributing to the country’s democratic, social, and economic development. We extend our best wishes to TI Turkey for continued success in its important work during the new term.
Mehmet Gün has been listed in IAM Strategy 300: The World’s Leading IP Strategists 2024
Mehmet Gün, our founding partner, is listed in IAM Strategy 300: The World’s Leading IP Strategists 2024. IAM Strategy 300 is an annual research project that identifies top practitioners who are taking IP portfolio management to the next level. These individuals are leading the way in developing and implementing strategies that maximize the value of IP portfolios.
Our Anti-Counterfeiting Team Delivered Presentations at Sessions Organized by the General Directorate of Customs
Our Anti-Counterfeiting team delivered presentations at the in-service training sessions organized by the General Directorate of Customs on July 9-10, 2024, in Istanbul. These sessions, attended by customs officers from Istanbul Customs and Foreign Trade Regional Directorate, focused on the protection of intellectual and industrial property rights at customs. Our lawyers represented clients from the pharmaceutical, food, luxury consumer goods, automotive and spare…
Güldeniz Doğan Alkan Spoke at the MARQUES IP Challenges in the Age of GenAI Webinar
Güldeniz Doğan Alkan, partner in our Trademarks and Designs practice, spoke at the Webinar on IP Challenges in the Age of GenAI organised by MARQUES on June 26. The speakers looked at generative AI models and their impact on trade mark, design, and copyright law, including the latest developments concerning liability for infringement under the EU AI Act. The webinar was organised by the MARQUES Cyberspace Team and covered the following topics: Ownership issues from…
We are Attending the 8th Global Entrepreneurship Conference in Madrid
We are pleased to announce our participation at the 8th Global Entrepreneurship Conference, which will be held in Madrid on 13-14 May 2024 and extend an invitation for a potential meeting during the event. Görkem Bilgin, partner, will be representing Gün + Partners at the conference. If you are interested in exploring collaboration opportunities or simply reconnecting, please feel free to get in touch with him. We eagerly anticipate the prospect of meeting you face-to-face…
Beril Yayla Sapan Spoke at the Annual Meeting Organized by Legalink
Our partner Beril Yayla Sapan, participated as a speaker at the annual meeting organized by Legalink, an organization of which we are members, held in Stockholm.
We Are the "Top Tier Firm" by Managing IP STARS 2024 Copyright Rankings
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 Copyright & related rights. IP STARS is the leading specialist guide for companies or individuals looking for experienced legal practitioners to deal with contentious and non-contentious intellectual property issues.
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.