Insights
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.… »
Pricing Applications for Authorized Medicines Under the Alternative Reimbursement Scheme
On March 27, 2025, the Turkish Medicines and Medical Devices Agency (“Agency”), issued an announcement regarding the first application procedures for the pricing of authorized pharmaceuticals subject to alternative reimbursement models. As per the provisions outlined in the legal framework for the pricing of medicinal products, the Decision on the Pricing of Medicinal Products for Human Use numbered 2017/9901 (“Decision”), and the Communiqué on the Pricing of Medicinal… »
Long-awaited Secondary Legislation for Administrative Revocation of Trademarks Finally Published
The Patent and Trademark Office obtained the authority to revoke trademarks on 10 January 2024 Fourteen months later, the office published a regulation concerning the implementation of the administrative revocation of trademarks A key novelty is that, in addition to the application fee, the requesting party must also pay an escrow fee Background The administrative revocation of trademarks was introduced with the entry into force of the Industrial Property Code No 6769 on… »
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… »
News and Events
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.…
Direnç Bada Spoke at the USPTO "Intellectual Property Enforcement at the Border" Conference
Our managing associate, Direnç Bada, spoke at the recent USPTO "Intellectual Property Enforcement at the Border" conference in Istanbul. The presentation focused on the critical role of private-public collaboration and case studies in strengthening IP enforcement.
Baran Güney, Spoke at an GALA EMEA Webinar: Hot Topics in Advertising Law
Our managing associate, Baran Güney, spoke at an GALA EMEA Webinar: Hot Topics in Advertising Law in Europe with members of the Global Advertising Lawyers Alliance (GALA) from Ireland, Spain, Slovakia, Turkey, and the UK, discussing recent developments in European advertising law, including environmental marketing, influencer marketing, consumer protection, AI, and the new UK Digital Markets Bill.
Our founder Mehmet Gün Spoke at the Panel on Resolving IP and Technology Disputes Through Alternative Dispute Resolution
Our founder Mehmet Gün spoke at the panel on Resolving IP and Technology Disputes through Alternative Dispute Resolution at the Workshop on Mediation of Intellectual Property (IP) Disputes, which was organized by TÜRKPATENT, Justice Academy of Türkiye, and WIPO Arbitration and Mediation Center on May 6. https://www.wipo.int/export/sites/www/amc/en/docs/web-mediation_ip_disputes-turk.pdf…
Begüm Yavuzdoğan Okumuş spoke at the Climate Summit held at TOBB University
Our partner Begüm Yavuzdoğan Okumuş gave a speech on "Law and Compliance in the Green and Digital Transformation Path" at the Climate Summit held at TOBB University on May 10, 2024. Speakers from academia and the business world discussed the effects of the climate crisis, upcoming regulations, and developments during the event.…
Our Lawyers Spoke During the 2024 Patent and Trademark Attorney Qualifying Exams Preparatory Trainings
Our lawyers, Güldeniz Doğan Alkan, Aysel Korkmaz Yatkın, Dilan Sıla Kayalıca, Zeynep Çağla Üstün, Ayşenur Çıtak Bozdağ, Edanur Atlı, and Seda Takmaz, conducted legal sessions during the preparatory trainings organized by PEM in Ankara and Istanbul for the Patent and Trademark Attorney Qualifying Exams held on May 11, 2024.…
Zeynep Çağla Üstün Spoke at Ankara Yıldırım Beyazıt University
On May 18, 2024, our managing associate, Zeynep Çağla Üstün, participated in the Career Summit organized by the Free Ideas Club at Ankara Yıldırım Beyazıt University. She introduced the operational areas of Gün + Partners and discussed career opportunities in institutional law firms and intellectual property law.
Hande Hançar Spoke at the IAA Webinar
Hande Hançar spoke as part of the Global Advertising Lawyers Alliance panel during the "Artificial Intelligence & Marketing – A Global Legal Perspective Europe" webinar, hosted by the International Advertising Association on April 10th.
Our Lawyers Recognized in the Who's Who Legal: Life Sciences 2024
We are proud to announce that Mehmet Gün, Özge Atılgan Karakulak, Selin Sinem Erciyas, and Aysel Korkmaz Yatkın have been named among the world’s leading practitioners in Who's Who Legal: Life Sciences 2024. WWL: Life Sciences provides a comprehensive analysis of the leading lawyers around the world currently handling sophisticated patent litigation and product liability proceedings as well as regulatory and transactional matters for high-profile clients across the sector.
We Are the "Firm of the Year" by Managing IP EMEA Awards 2024
We are honored to have been named 'Firm of the Year' in the 'Trademark Disputes' category at the Managing Intellectual Property EMEA Awards 2024. These awards recognize the firms, individuals, and companies that have conducted the most innovative and challenging IP work over the past year and have been instrumental in driving the international IP market. Over 600 participants attended the event to celebrate these achievements. Our partner, Zeynep Seda Alhas, represented our…