Insights
Creative Signatures: How a Work Reflects Its Author’s Unique Characteristics
The Law on Intellectual and Artistic Works ("LIAW"), which has been amended many times since its entry into force in 1952, still causes uncertainty and confusion in practice. The 2022 decision of the Court of Cassation[1] and the recent decision of the 16th Civil Chamber of the Istanbul Regional Court of Appeals[2] have been a very guiding and clarifying decision in terms of examining the signs of the work, which are controversial in practice, and the amendments made to LIAW… »
An Evaluation on the Trademark Registration of Work Titles
Article 83 of Law No. 5846 on Intellectual and Artistic Works (“LIAW”) stipulates that the names of works can be protected independently of the works themselves under the provisions on unfair competition. Our assessment of this protection is discussed in our article, 'Protection of Work Titles' An important aspect of work title protection is their registration as trademarks. In practice, it is common for elements of cinematographic works, such as characters and locations, as… »
Protection of Work Titles
Work titles, as signs that distinguish one work from others, may also be protected independently of the work itself. Article 83 of the Law No. 5846 on Intellectual and Artistic Works (“LIAW”) provides a general framework for this protection. Although it is stated in judicial decisions that the name of the work, although it is not a work in itself, will benefit from copyright protection as a part of the work only if it emerges as an effort that makes the work effective by… »
Never Ending Delay for Administrative Revocation of Trademarks
In accordance with Article 26 of the Industrial Property Law (“IP Code”) no. 6769, interested persons may request the Office to revoke a trademark pursuant to paragraph 2 of Article 26 and the decision for revocation of a trademark can be taken accordingly. For a long time, the authority to revoke the trademarks belonged to the IP Courts as regulated by the former Decree Law no. 556 on the Protection of Trademarks. However, with the entry into force of the IP Code on January… »
How to Become a Responsible Influencer?
As of January 2024, there are 57.50 million social media users in Türkiye[1], and digital platforms hold the largest share of advertising investments at approximately 71.2% for the year 2024[2]. Within these digital investments, social media influencers account for 5%, underscoring their significant role in shaping consumer behaviour. Given the influence of social media influencers on consumption patterns, the importance of adhering to legal regulations concerning… »
New Rules for Content Ratings in Television Programs
The Regulation on Broadcasting Services (“'Regulation”) was amended by the Radio and Television Supreme Council and these amendments were published in the Official Gazette No. 32575 on 13 June 2024. These recent amendments are particularly relevant for news programs and, in some cases, live broadcast programs. The amendments introduced the following new rules, which are also in concern with the content rating for television programs: The Content Rating requirement is now… »
Data Protection in Advertisements
The Advertisement Board (“Board”), during their meeting dated 12 March 2024 and numbered 343, examined websites that require membership as a pre-condition for making purchase on the website. As part of this examination, the Board assessed whether any additional personal data, beyond the mandatory and necessary information for the purchase process, was requested from consumers, whether the conditions for unsubscribing were more difficult compared to the methods specified for… »
Hidden Traps in Subscription Agreements: Dark Patterns
The Advertisement Board (“Board”) closely monitored dark patterns on online user interfaces that facilitate consumers to enter into subscription agreements, and which might deceive, coerce, manipulate consumers into making choices that may not be in their best interests. Dark patterns are broadly considered deceptive commercial practices under the Commercial Advertising and Unfair Commercial Practices Regulation which defines “The use of guiding interface designs, options, or… »
Decisions of the Advertisement Board on the Use of Google Ads
During its meeting in March 2024, the Advertisement Board examined sponsored advertisements placed by certain companies via Google Adwords/Google Ads, in which registered trademarks of competitor firms were used as keywords. Accordingly, the Board imposed a suspension penalty on advertisements where a company's trade name and trademark used to identify its services were selected as keywords by other companies, on the grounds that such advertisements were misleading to… »
Is It Really Better?
Article 8 of the Regulation on Commercial Advertisement and Unfair Commercial Practices (“Regulation”) permits comparative advertisements under specific conditions. Subparagraph (a) of the paragraph 1 of the article requires that such advertisements “should not be misleading or deceptive”, while subparagraph (f) mandates that “claims based on objective, measurable, and numerical data must be substantiated by scientific tests, reports, or documents”. The Regulation also… »
The New Era in Administrative Sanctions of the Advertisement Board
In 2024, significant changes and developments occurred regarding the administrative sanctions of the Advertisement Board. The Law No. 7529 on Amendments to the Consumer Protection Law and Certain Other Laws, published in the Official Gazette No. 32707 dated 30 October 2024, introduced significant changes as of the date of publication, particularly concerning the administrative fines imposed by the Advertisement Board and the reconciliation against administrative fines. The… »
Turkish Regulation on the Implementation of the Administrative Revocation of Trade Marks Is Finally Published
With the entry into force of the Industrial Property Code no. 6769 (“IP Code”) on 10 January 2017, the administrative revocation of trade marks has been introduced into Turkish Trade Mark Law and revocation proceedings are entrusted to the Turkish Patent and Trade Mark Office (“the Office”) instead of Turkish Courts. However, the implementation of administrative revocation was postponed for 7 years, and during this transition period, revocation requests continued to be filed… »
News and Events
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.…
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_