Insights
The Concept of Loss of Rights due to Acquiescence in Trademark Infringement Actions
The acts deemed as infringement of a trademark are listed under Article 29 of the Industrial Property Code No. 6769 (“IP Code”), and the claims that the right holders whose trademark rights have been infringed may request from the courts and that they may assert against the infringing party are detailed in Article 149 of the same Code. Although it is possible for the right holder to assert the claims outlined in the Code against the infringing party as long as the… »
The Electrolux - BSH Decision of the CJEU: The Next Step for Jurisdiction in European and Global Patent Infringement Cases
On February 25, 2025, the Court of Justice of the European Union (CJEU) rendered a groundbreaking judgment in the patent infringement case between BSH Hausgeräte GmbH and Electrolux AB, marking a significant ruling not only in Europe but worldwide. This decision is expected to pave the way for the expansion of jurisdiction in patent cases in EU member states and increase competition among courts in the international arena. The dispute was brought before the CJEU as a… »
New Regulation on Electronic Maintenance of Commercial Books Not Related to the Accounting of the Business
With the Communiqué on Maintenance of Commercial Books Not Related to the Accounting of the Business in Electronic Form (the “Communiqué”) published in the Official Gazette dated 14 February 2025, it has become mandatory for companies to keep their commercial books not related to the accounting of the business electronically as of July 1, 2025. Books and Enterprises within the Scope of the Communiqué The commercial books, which have been made mandatory to be kept… »
Developments Regarding the Implementation of Share Buyback Programs Initiated by the Board of Directors of Publicly Traded Companies
According to the first paragraph of Article 5 of the Communiqué on Share Buybacks No. II-22.1 (the “Communiqué”), a share buyback program can only be approved by a general assembly resolution. However, an exception to this rule is provided in the fourth paragraph of the same article, which states that a share buyback program may also be approved by a board of directors resolution without the need for a general assembly resolution, in order to avoid an imminent and serious… »
Significant Developments in the Implementation of the Turkish Commercial Code in 2025
Existing Facilitations for Capital Loss and Over-Indebtedness Calculations are Extended until 2026 Article 376 of the Turkish Commercial Code numbered 6102 (the “TCC”) regulates the measures to be taken and the precautions to be implemented by the board of directors of the company, and the procedures to be followed in cases where the company suffers capital loss or becomes over-indebted, to ensure the protection of the financial structure of the company and to secure the… »
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… »
News and Events
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.…
Mehmet Gün, Özge Atılgan Karakulak and Selin Sinem Erciyas are Listed in IAM Global Leaders 2024
We are pleased to announce that our founding partner Mehmet Gün and partners Özge Atılgan Karakulak and Selin Sinem Erciyas, have been recognized as IAM Global Leaders for the year 2024. This prestigious distinction is reserved for individuals who attain the gold tier ranking in the IAM Patent 1000, an authoritative directory that identifies the foremost law firms and attorneys in key patent jurisdictions around the world. This recognition reflects our firm’s commitment to…
We are Attending the INTA 2023 Leadership Meeting
Our firm will be represented by Uğur Aktekin, partner of our Intellectual Property practice and Pınar Arıkan director of the IP prosecution practice at the INTA (International Trademark Association) 2023 Leadership Meeting in Houston, Texas. For all details about the event please click here.
Uğur Aktekin is an Instructor for the International Certificate Program of the International Trademark Association (INTA)
Uğur Aktekin, partner of our Intellectual Property practice, is an instructor in the INTA International Certificate Program: “The Lifecycle of a Trademark”. The course is structured into six chapters each dedicated to exploring the nuances of trademark registration in specific global regions: Africa, Asia-Pacific, Europe, Latin America, North America and Middle East. Uğur Aktekin is the moderator and one of the instructors of the Middle East chapter of the program. Learn…
Begüm Soydan Sayılkan and İrem Girenes Yücesoy spoke at the “Living Brands Conference"
Begüm Soydan Sayılkan and İrem Girenes Yücesoy recently spoke at the “Living Brands Conference” organized by EGİAD on December 18, 2023. They focused on the development of brand protection strategies and discussed the new trademark revocation procedure effective from January 10, 2024.
We Hosted the 17th FRIDAY IP TALKS Event, Which was Organized in Collaboration Between LES Turkey and AIPPI Turkey
The event featured speakers Güler Ayyıldız Dalma, Barış Atalay, and Utkan B. Bakırcı, and focused on the topics of "Unitary Patent" and "Unified Patent Court" through questions and answers related to implementation.…
We Delivered Combating Counterfeiting at Customs Trainings in İzmir
Our Anti-Counterfeiting team delivered presentations at the in-service training sessions organized by the General Directorate of Customs on December 5-6, 2023, in Izmir. These sessions, attended by customs officers from the Aegean Customs and Foreign Trade Regional Directorate, focused on the protection of intellectual and industrial property rights at customs. Our lawyers represented clients from the automotive, pharmaceutical, cosmetics, textile, and food industries…
We gave training on Protection of Intellectual Property Rights in Customs
Our Anti-Counterfeiting team made presentations with 8 lawyers for 24 of our clients during the “Protection of Intellectual Property Rights in Customs Training” organized with the General Directorate of Customs in Istanbul on April 10-11. "
Mehmet Gün and Pelin Baysal spoke at Turkish-Ukrainian Infrastructure Forum
"Mehmet Gün, our founding partner made the opening speech and Pelin Baysal, co-chair of our dispute management practice spoke on the "Dispute resolution: preventing and resolving disputes efficiently" panel at "Turkish-Ukrainian Infrastructure Forum: Creating Opportunities Together" in Kyiv, Ukraine, organized by our firm together with Ukrainian Arbitration Association (UAA), International Turkish Ukrainian Businessmen Association (TUID) and Integrites."
Our Lawyers Have Been Recognised as Mondaq Thought Leading Authors
We are delighted our lawyers have been recognised as Mondaq Thought Leading Authors for the below categories at the Mondaq Autumn 2023 awards. Media, Telecoms, IT, Entertainment & Data Protection: New Regulation From ICTA On Social Network Providers Food, Drugs, Healthcare, Life Sciences: New Regulations on Nutrition and Health Claims for Food and Food Supplements Mondaq Autumn 2023 Thought Leadership Awards, showcase top authors based on total readership between April…