Insights
Notification Obligation in Case of Supply Interruption of Medical Devices
The Turkish Medicines and Medical Devices Agency (the “Agency”) has announced new notification obligations for economic operators in the event of an interruption or discontinuation (termination) of the supply of medical devices. This regulation was developed in line with the Medical Devices Regulation and the In Vitro Diagnostic Medical Devices Regulation, which were enacted as part of the European Union (“EU”) harmonization process and was published on May 21… »
Turkish Court of Cassation’s Assessment of Organic Connection in the Liability of Legal Entities for Employment Receivables
In its recent decisions[1], the Turkish Court of Cassation conducts a comprehensive evaluation of the organic connection when determining whether the legal entities named as defendants in the case are jointly and severally liable for the employment receivables. In this context, taking into account the definition of organic connection provided in the case law of the Court of Cassation[2] and that of the General Assembly of Civil Chambers of the Court of Cassation, actors such… »
Use of Personal Data in Marketing and the Approach of the Advertising Board
The Advertising Board (“Board”) works to raise awareness about targeted advertising and deceptive commercial design practices, monitor international regulations and applications related to digital advertising and the use of personal data, and take necessary measures against current or potential violations. In this regard, the Board cooperates with the Personal Data Protection Authority. The Board also strictly supervises advertisements and commercial practices involving the… »
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… »
News and Events
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.
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…