Insights
The Limits of Colour Combination Trademarks: Insights from the Blue-and-White Colour Combination Case
The case involved a well-known clothing retail company’s blue-and-white colour combination mark, which was opposed by a cosmetics company The courts found that the colour combination lacked distinctiveness for the relevant goods and services The case highlights the PTO’s role in examining colour combinations based on absolute grounds during ex ofcio proceedings Under trademark law, distinctiveness is essential for a mark to function as a source identier, especially when it… »
Amendments to the Insurance Agencies Regulation
The Regulation Amending the Insurance Agencies Regulation (the “Amendment Regulation”) was published in the Official Gazette on January 22, 2025, and has entered into force on the same date. The Regulation, which introduces significant provisions for insurance agencies, includes noteworthy updates particularly regarding minimum capital requirements, technical personnel qualifications, and operational obligations. The key highlights of the Amendment Regulation are as… »
Protection of Personal Data In Turkiye – General Approach
The primary regulation on the protection of personal data in Turkiye is the Personal Data Protection Law No. 6698 (“Law”), which came into force in 2016. Based on the European Council Data Protection Directive 95/46/EC, the Law has been influenced by the provisions of the European Union General Data Protection Regulation (“GDPR”) and its implementation is shaped by both the GDPR and the decisions of European data protection authorities. The Law adopts similar objectives and… »
Judicial Review of Board Decisions
Pursuant to the Law, the Board has the authority to impose administrative sanctions. It has been regulated that the Board may impose administrative fines for non-compliance with the obligation of disclosure, obligations related to data security, failure to comply with the decisions issued by the Board, violations of the obligation to register and notify the Data Controllers’ Registry, or non-compliance with the notification obligation regarding standard contracts. In addition… »
Data Breach and Its Consequences
The Law requires data controllers to notify the Board and the data subject as soon as possible after becoming aware of the data breach. In its decision dated January 24, 2019 and numbered 2019/19 ("Decision"), the Board clarified the rules and procedures to be followed in data breach cases. The Board adopted the approach of the GDPR in terms of the timing of breach notifications and explained that the phrase "as soon as possible" in the Law must be interpreted as within 72… »
Cookies
Cookies play a crucial role in personalizing and improving the user experience in the digital world. Although the use of cookies contributes greatly to personalizing the internet experience and remembering users’ online preferences, this process has also raised various privacy and data protection concerns. One of the biggest concerns regarding the processing of personal data through cookies is that users are often unaware of this process or that sufficient transparency is not… »
Cross-Border Transfer of Personal Data
Prior to the Amendment Law, personal data could mostly be transferred abroad with the explicit consent of the data subject, as the other legal grounds specified in the legislation were either not available or not applicable. Since the Law's enactment in 2016, the fact that the Board had not yet established a list of countries providing adequate protection had significantly limited and complicated the practice of cross-border data transfer. This situation made obtaining… »
Processing of Special Categories of Personal Data
In the Law, special categories of personal data are defined in a limited manner as data related to a person’s race, ethnic origin, political opinions, philosophical beliefs, religion, sect, or other beliefs, attire, membership in associations, foundations, or trade unions, health, sexual life, criminal convictions, security measures, as well as biometric and genetic data. Before the enactment of the Amendment Law, the processing of special categories of personal data under… »
Jurisdictional Conflicts in Global FRAND Cases and the EU’s WTO Complaint against China for Alleged Violation of TRIPs
Anti-suit injunctions ("ASI") issued by Chinese courts, which prevent parties of proceedings concerning standard-essential patents ("SEPs") from bringing proceedings against each other in different countries, have made the “jurisdiction of the court" a controversial issue. As is known, in the case of SEPs, the first issue that confronts the patent holder and the company implementing the SEP is whether a licence has been asked, offered and/or granted on Fair, Reasonable and… »
Patent and Trademark Office almost loses authority to revoke trademarks – before it even gets a chance to use it (1)
Within the context of the entry into force of Article 26 of the Industrial Property Code, there have been heated discussions as to whether the administrative revocation of trademarks is constitutional An IP court applied to the Constitutional Court to annul the office’s authority to revoke trademarks before the office was able to use such authority The Constitutional Court rejected the application due to the court's lack of jurisdiction and did not examine the… »
Higher Board corrects implementation of goods and services limitations in landmark decision
The Higher Board recognised that stricter conditions apply to the limitation of goods and services for national applications compared to international applications filed via WIPO The limitation applications rejected by the Trademarks Department were in accordance with the law and should have been accepted The decision emphasises that parties should be encouraged to resolve disputes through amicable agreements Background The Trademarks Department of the Patent and Trademark… »
News and Events
We Conducted Competition Training for ARTED
Begüm Yavuzdoğan Okumuş conducted a competition law training session for representatives of the member companies of the Association of Research-Based Medical Technologies Manufacturers (ARTED). The session covered current issues in competition law, including the latest investigations conducted and decisions concluded by the Turkish Competition Authority. A practical guide to competition law and insights from recent cases were provided to the members.
Zeynep Çağla Üstün and Cansu Evren were Speakers at the 12th Law Students Forum of Bilkent University Career in Law Club
Zeynep Çağla Üstün and Cansu Evren gave a speech on the basics of patent and trademark law at the 12th Law Students Forum organised by Bilken University Career in Law Club.…
Baran Güney spoke at “Consumer Endorsements and Reviews - An International Perspective" Webinar
In an era where consumer endorsements and reviews critically shape purchasing decisions, understanding the legal landscape is critical for companies aiming to leverage this powerful marketing tool. Baran Güney, managing associate in our TMT practice, recently shared his expertise on this subject as part of the Global Advertising Lawyers Alliance panel during the "Consumer Endorsements and Reviews - An International Perspective" webinar, hosted by the American Bar…
Güldeniz Doğan Alkan and Mutlu Yıldırım Köse Will Attend the MARQUES Spring Team Meeting 2024 in Amsterdam
The 22nd MARQUES Spring Team Meetings will take place on the 7th and 8th March 2024 in the Hilton Hotel, Amsterdam.This meeting provides a unique opportunity for Team and Council members to network in an exclusive setting to develop strategies and plan the way forward, whilst gaining up-to-date news of the activities of all the MARQUES Teams.
Zeynep Çağla Üstün and Cansu Evren Made a Brief Presentation on Patent and Trademark Law to ELSA
We hosted ELSA on January 18, 2024, where our senior associates, Zeynep Çağla Üstün and Cansu Evren, made a brief presentation on Patent and Trademark Law and shared their experiences of working at Gün + Partners.…
İrem Girenes Yücesoy Spoke At The "Careers in Law" Event Organized By Koç University Law Club
Our senior associate İrem Girenes Yücesoy participated as a speaker at the 'Careers in Law' event organized by Koç University Career Development Center and Koç University Law Club on Tuesday, December 26, 2023. İrem shared her experiences related to a career in an institutional law firm with law school students, providing information about Gün + Partners' activities, practice areas, the internship application process, and workplace experience.'…
Announcement of New Managing Associate and Senior Associate Promotions, 2024
We are pleased to announce the promotion of our lawyers Begüm Soydan Sayılkan, Dilan Sıla Kayalıca, İrem Girenes Yücesoy and Zeynep Çağla Üstün to managing associate; Aysu Eryaşar, Edanur Atlı, Elif Melis Özsoy, Havva Yıldız, Kendal Basut and Selin Bilik to senior associate taking effect from February 1, 2024.
Dicle Doğan Has Been Recognised as Mondaq Thought Leading Author
We are delighted Dicle Doğan has been recognised as Mondaq Thought Leading Author for the Food, Drugs, Healthcare, Life Sciences Category at the Mondaq Autumn 2023 awards. The winners have demonstrated exceptional knowledge and insight, providing valuable legal insights and advice to our global audience. Find more thoughts in our Insights page.
Begüm Yavuzdoğan Okumuş Recognized in Who's Who Legal: M&A and Governance 2023
WWL: M&A and Governance identifies the leading figures in the global corporate legal market who stand out internationally for their first-class work managing a spectrum of corporate transactions, ranging from takeovers to acquisitions to IPOs, and advising clients on an array of corporate issues, including shareholder activism, takeover defence and regulatory compliance. https://www.lexology.com/firms/gun-partners/_beg_m_yavuzdo_an_okumu_
We are Attending the 12th IBA European Corporate and Private M&A Conference in Paris
We are pleased to announce our participation at the 12th IBA European Corporate and Private M&A Conference, which will be held in Paris on 8-9 Feb 2024 and extend an invitation for a potential meeting during the event. Görkem Bilgin, partner, and Yalçın Umut Talay, managing associate, 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 them. We…
Beril Yayla Sapan and Asena Aytuğ Keser Recognized in Who's Who Legal: Commercial Litigation 2023
We congratulate Beril Yayla Sapan and Asena Aytuğ Keser on being selected among world’s leading practitioners in the Who's Who Legal: Commercial Litigation 2023 WWL: Commercial Litigation provides an in-depth analysis of the foremost litigators around the world who are singled out for their outstanding ability within this contentious context, as well as standout practitioners aged 45 or younger as future leaders in the market. WWL says: Beril Yayla Sapan is a top name in…
Hande Hançar and Baran Güney Spoke at Özyeğin University
Hande Hançar and Baran Güney participated as speakers in the Advertising Law class at Özyeğin University Faculty of Law. They shared their knowledge and experiences about legal regulations on social media advertising.…