Insights
New Law on E-Commerce Obliges Platforms to Remove Infringing Content
A new law (No 7416) regarding e-commerce ― announced in the Official Gazette dated 7 July 2022, and coming into effect 1January 2023 ― will oblige sites to take down a product if they receive a legitimate complaint arguing that there is a violation ofintellectual and industrial property rights on their platform. The basic regulation concerning the responsibilities of e-commerce sites regarding the content that they host was included inLaw 5651 on the Regulation of Internet… »
Turkish IP Office Rules on Similarity of Figurative Marks: Timberland’s Tree Emblem
Timberland is one of the most famous and prestigious footwear brands, especially known by its original waterproof ‘yellow’ boots, which have defined the brand since their invention in 1973. Timberland is also the owner of the tree device mark shown below, which is broadly used on its products, including footwear and apparel, as well as on any kind of promotional material of the company. Due to the value and good reputation of the brand, not only the design of the yellow… »
Recent Developments Within The Turkish Patent And Trademark Office
Service by publication has come into effect Turkish Patent and Trademark Office put discussions over well-known trade mark registry on its agenda Turkish Patent and Trademark Office’s official website was updated Service by publication has come into effect Notification procedure was a significant issue at the Turkish Patent and Trademark Office (Office) since it not only causes delays in the application processes but also affects the IP right holders using their rights.… »
Creative and Innovative Women on the Stage on World Intellectual Property Day!
World Intellectual Property Day is celebrated every year to raise awareness on intellectual property on 26 April which is the establishment date of the World Intellectual Property Organization (WIPO) and this year’s theme is creative and innovative women. The importance of gender equality is apparent in the field of intellectual property, as it is in every field. Throughout history, women made undeniable contributions to science, art and technology despite all difficulties… »
PTO Confirms Similarity of Virtual and Physical Goods in Landmark Decision
A company based in the US opposed an application for goods and services in Classes 25 and 35 based on an earlier mark in Classes 9, 35 and 41 The PTO found that the physical goods/services covered by the application were similar to the virtual and online goods/services covered by the opponent’s mark The similarity of virtual and physical goods/services has recently been a hot topic across the world In a decision issued on 31 March 2023 (which was subsequently finalised)… »
Highly Logical: Turkish IP Office's Vulcan Salute Ruling Sets Final Frontier For Copyright Ownership Argument
According to Article 6/6 of the Turkish Industrial Property Code, “An application for registration of a trademark shall be refused upon the opposition of the right holder if it consists of a person’s name, trade name, photography, copyright or any other intellectual property right of another.” Based on this provision, it is possible to oppose an application relying upon the opponent’s other intellectual property rights ownership. On December 20 2022, the Re-Examination and… »
Dilution of Well-known Mark and Applicant’s Bad Faith: PTO Issues Exemplary Decision
The Trademarks Department granted broader protection to the well-known SINGER mark, refusing an application including the term ‘Singer’ in Class 1 The decision examined the conditions for dilution of a well-known mark under Article 6/5 of the IP Code The well-known status of the SINGER mark, as well as the word and graphic elements in the application, played a role in deciding on the applicant’s bad faith The Trademarks Department has decided that the application for… »
The Effect of COVID-19 Outbreak on Deadlines in Protection of Intellectual and Industrial Rights
Following the enactment of The Law on Amendment of Certain Laws No. 7226 (“Law”), which entered into force upon publication in the Official Gazette dated 26 March 2020, the terms determined as per the Industrial Property Code (“IP Code”), applied either by the Turkish Patent and Trademark Office (“Office”) or before the relevant courts as statute of limitations for filing lawsuits, has been suspended. As per the Law, all terms suspended for the period between March 13, 2020… »
COVID-19’s Impacts on Criminal Raids and Customs Suspensions Based on Trademark Infringement
1. Are there specific measures taken at the courthouses due to COVID-19? YES. The courthouses across the country are open and active – yet; As per the decisions of the Directorate of Administrative Affairs of the Presidency, the public employees – which covers judges, prosecutors and further courthouse personnel - who are pregnant, taking breastfeeding leave, disabled, over 60 years old (except managers), or those having a chronic disease, will be deemed on administrative… »
Combating Counterfeit Hygiene Products, Along With COVID-19
Turkey’s first official diagnosis of COVID-19, which is considered to have begun in China’s Whuan city in December 2019 and which has spread to millions worldwide in the following months, was announced on 11 March 2020. Following the first case reported in Turkey and basically due to sudden increase in the demand for products such as masks, disinfectants, detergents; a direct increase has also been observed in the supply of counterfeit products to the market, which are… »
The Benefits of Filing a Criminal Case Based on Trademark Infringement for Counterfeit Products Subjected to the Crime of Smuggling
Turkey’s geographical location and dynamic population make Turkey an important market for smuggled products and one of the major transit countries. In its most basic definition, a smuggled product corresponds to the products entering the country without permission or with underreporting/false declaration. Products subject to the crime of smuggling comprise a wide range of sectors from pharmaceuticals to tobacco and alcohol products, from textiles to phones and car components.… »
Challenges and Opportunities When Combatting Counterfeits in Turkey
It is not a secret that Turkey has an important geographical location for production and sales of counterfeit products as well as the ones in transit. Most of the smuggled products entering Turkey also turn out to be counterfeits. This requires brand owners to take an active role in Turkey to combat the counterfeits, cover all possible basis, and also seek alternative and creative approaches. There are certain civil and criminal actions that can be taken while combatting… »
News and Events
Uğur Aktekin Was the Guest of Legal Akademi Sector Talks
Uğur Aktekin was the guest of the "Sector Talks" of the legal information sharing platform legalakademi.org and answered questions on "Intellectual Property Rights and Protection in the Light of Technological Developments". https://www.legalakademi.org/post/av-u%C4%9Fur-aktekin-ile-fikri-m%C3%BClkiyet-haklar%C4%B1-%C3%BCzerine
IAM Patent 1000 - The World's Leading Patent Professionals 2021 Rankings Announced
We are pleased to announce that we have been named as the top tier firm and our 7 practitioners are recognized as the leading individuals in the IAM Patent 1000 - The World's Leading Patent Professionals 2021. The IAM Patent 1000 delivers the most in-depth coverage of the market yet undertaken, pinpointing the best of the best in prosecution, litigation and licensing.
Euromoney's MIP IP STARS 2021 Rankings Announced
We are proud to be listed as top tier firm and our five practitioners are listed among trademark stars and patent stars by Euromoney's MIP IP STARS 2021 which is the leading resource for who is looking for the best legal practitioners for contentious and non-contentious IP advice since 1994. https://www.ipstars.com/Jurisdiction/Turkey/Rankings/8546#rankings
Emine Taşkıran Spoke at Ankara Yıldırım Beyazıt University
Emine Taşkıran attended the "Ankara Yıldırım Beyazıt University Free Ideas Club"s interview titled "Career Interviews" and shared her career experiences with the students.
Gün + Partners Is Recognised as “Turkey Firm of the Year” by Benchmark Litigation Europe Awards 2021
We are proud to be recognised as “Turkey Firm of the Year” for 3 consecutive years by Euromoney's Benchmark Litigation Europe Awards 2021. Benchmark Litigation recognises the best disputes lawyers, teams, firms and cases throughout Europe over the past 12 months. https://benchmarklitigation.com/NewsAndAnalysis/Benchmark-Litigation-Europe-2021-Awards-Winners-Announced/Index/7058
We Performed Presentations at “Customs IP Training” of Turkish Customs General Directorate
We attended at the first online “Customs IP Training” of this year and performed presentations for tens of clients. We would like to thank Turkish Customs General Directorate for the organization and around 200 Customs officers who attended the online IP training.
We Are Honored to Be Named "Law Firm of the Year in Southeast Europe Region" by LMG's Life Sciences Awards 2021
We are honored that our firm has been named "Law Firm of the Year in Southeast Europe Region" by Euromoney Legal Media Group's European Life Sciences Awards 2021. https://awards.lmglifesciences.com/Europe2021/life-sciences-europe-winners-24512O-15377HJ.html#Jurisdiction-awards
Implementation and Updates of Mandatory Mediation for IP Related Monetary Claims in Turkey
How to apply mandatory mediation provisions, when monetary and non-monetary IP claims are combined in a single action? Let’s find out the answer in light of the recent Turkish Court of Cassation decisions, in our video! Further details are available in our thought leadership paper.
The Legal 500 EMEA 2021 Results Are Announced
We are delighted to have been named as one of the major domestic firms of Turkey by The Legal 500 EMEA 2021 and to have the “Top Tier” rankings in 6 out of 9 practice areas we are ranked. We are proud that our 5 lawyers are recognized as "Leading Individual", 3 lawyers as "Rising Stars" and 3 lawyers as “Next Generation Partners” in their practice areas. https://www.legal500.com/firms/10998-gun-partners/11375-istanbul-turkey/#rankings
Hande Hançar Spoke at GALA's "Hot Topics in Global Advertising Law" Webinar
Hande Hançar, partner and co-chair of our TMT practice, spoke about influencers, disclosures, and social media in Turkey at "The 4th Annual Hot Topics in Global Advertising Law" webinar by Global Advertising Lawyers Alliance (GALA) on March 19. https://www.galalaw.com/Events/Article/4498
Mehmet Gün Recognized as Litigation Star of 2021 by Benchmark Litigation
Mehmet Gün, our founding partner, is recognized as the litigation star of 2021 in Turkey by Euromoney's Benchmark Litigation. Benchmark Litigation recognises the most distinguished law firms and lawyers for their dispute resolution work over the past 12 months. https://benchmarklitigation.com/Firm/Gun-Partners/Profile/101593#lawyers
We Are the "Firm of the Year" by Managing IP EMEA Awards 2021
We are honored to have been selected as the "Firm of the Year" in "Trademark" and "Patent" categories in Turkey by Managing Intellectual Property EMEA Awards 2021 which are presented to firms, individuals and companies behind the most innovative and challenging IP work of the past year, as well as those driving the international IP market.