Insights
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 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… »
News and Events
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…
Hande Hançar to Speak at GALA Global Advertising Law Conference in New York
Hande Hançar, partner in our TMT practice, will speak at the upcoming 6th Annual GALA Global Advertising Law Conference in New York on March 13. Join Hande at the "Hot Topics in Global Advertising Law" session, where the speakers will delve into the latest challenges and trends in advertising law. The Global Advertising Lawyers Alliance (GALA) brings together experts from around the globe to share insights and strategies, helping brands and agencies navigate the complex…
The Legal 500 EMEA 2024 Results Announced
We are delighted to announce that we have been recognized as one of the leading law firms in Turkey by The Legal 500 EMEA 2024, achieving 'Top Tier' rankings in 3 out of the 9 practice areas in which we are ranked. We are proud to have 1 of our lawyers listed in the 'Hall of Fame' group, 3 in the 'Leading Individuals' group, 3 in the 'Next Generation Partners' group, and 2 in the 'Rising Stars' group. These results demonstrate our comprehensive expertise and commitment to…
We are Attending the 7th Mergers and Acquisitions in the Technology Sector Conference in Barcelona
We are pleased to announce our participation at the 7th Mergers and Acquisitions in the Technology Sector Conference, which will be held in Barcelona on 14-15 Mar 2024 and extend an invitation for a potential meeting during the event. Begüm Yavuzdoğan Okumuş, 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 her. We eagerly anticipate…
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.…