Insights
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… »
Chef’s Recommendation: Turkish Case Offers a Tasty Takeaway for Trademark Owners
Would you like to hear more about the chef’s recommendation? First, as a starter, some background information will be provided on a trademark dispute in Turkey that has a culinary theme, with the following steps taken at the administrative stage: The owner of the above-left trademark opposed a third-party application for the above-right trademark before the Turkish intellectual property office, by addressing the entire coverage of the filing under the Nice Classification… »
Data Controllers’ Registry (VERBIS)
Pursuant to Article 16 of the Law, data controllers who meet certain criteria are obliged to register with the Data Controllers’ Registry ("VERBIS"). The procedures and principles regarding the VERBIS system, which is open to the public, are determined by the "Regulation on the Data Controllers Registry" dated December 30, 2017 ("VERBIS Regulation"). With the Board's decisions dated 2018, various professional groups, associations, foundations and political parties were… »
News and Events
We Hosted a Coctail Reception as part of the 2023 AIPPI World Congress
We were thrilled to host an unforgettable cocktail reception at the Bosphorus as part of the 2023 AIPPI World Congress in Istanbul. Colleagues from around the world gathered in this beautiful city, and we were excited to welcome them all to a night of networking, laughter, and celebration. Thank you to everyone who joined us, making this reception a true highlight of the night!…
We Have Been Selected as the “Patent Firm of the Year” in Turkey by Global IP Awards 2023
We are delighted to have been named the winner of the Patent Firm of the Year for Turkey in the Global IP Awards 2023, which recognises the outstanding achievements of law and attorney firms in litigation, prosecution, and transactional work during 2022/2023.
Women in AIPPI Networking Event Sponsored by Gün + Partners
We are proud to be the sponsor of the "Women in AIPPI" networking event bringing together female IP professionals within the scope of the 2023 AIPPI World Congress in Istanbul. Women in AIPPI event will take place on a boat on the magical and unique Bosphorus this year. Women from around the world will meet and network while enjoying the breathtaking beauty of Istanbul from the sea. AIPPI World Congress will be held in Istanbul between 22-25 October, gathering up to 2.000…
Webinar: CJEU Decision Review - The Concepts of Free-Riding and Bad Faith in Reviving a Priorly Well-Known Trademark in light of the Nehera Decision
In the eighth of our Court of Justice of the European Union (CJEU) decision review webinars, we discussed "Nehera decision" of CJEU. At our webinar; Güldeniz Doğan Alkan, Cansu Evren and Ayşenur Çıtak Bozdağ discussed "Whether refiling of a prior well-known trademark by a third party is a tribute or free-riding?" Topics Summary of the dispute subject to the decision of the CJEU and the court decision Evaluation of the claims of the parties and the approach of the Court on…
Dilan Sıla Kayalıca, Maral Büyükkürkçü and Zeynep Çağla Üstün, Are Listed as Rising Star by Euromoney's MIP IP STARS 2023
We are delighted to announce that Dilan Sıla Kayalıca, Maral Büyükkürkçü and Zeynep Çağla Üstün, senior associates in our intellectual property practice, have once again been recognized as Rising Stars in this year’s IP STARS ranking by Managing IP. Managing IP’s Rising Stars list, recognizes some of the best up-and-coming intellectual property practitioners in private practice who have contributed to the success of their firms and clients.
We Are Pleased to Announce the Recognition of Our Lawyers Among The Legal 500 Private Practice Powerlist 2023 - Dispute Resolution – Türkiye
We are delighted to announce that our founding partner Mehmet Gün, partners Aysel Korkmaz Yatkın and Beril Yayla Sapan and managing associate Asena Aytuğ Keser have been listed in The Legal 500 Private Practice Powerlist 2023 - Dispute Resolution – Türkiye. The Dispute Resolution Powerlist Türkiye, showcases the leading practitioners working in the region who focus primarily on litigation, arbitration, mediation and other forms of dispute resolution. You could reach the…
Hande Hançar Spoke at IP Camp 2023
Hande Hançar, partner in our IP practice and board member of Licensing Executives Society Turkey (LES Turkey), spoke at "The Future of Trademark Licensing in Emerging Tech Industries" session of IP Camp 2023, together with Murat İdal. LES IP CAMP is the premier training event dedicated to Intellectual Property Management and Licensing, organized by LES-Turkey since 2014. Gün + Partners is a proud supporter of IP Camp.
Begüm Yavuzdoğan Okumuş Have Been Recognised as a Lexology Legal Influencer
We are delighted Begüm Yavuzdoğan Okumuş, partner in our TMT practice, have been recognised as a leading author in the Lexology Legal Influencers Q2 2023 for TMT - Europe. Lexology Legal Influencers recognises the thought leaders who over the past months have been consistently providing Lexology with useful, insightful legal analysis within their particular work area grouping and region or country in the legal industry every…
Gün + Partners Top Ranked by IP STARS 2023
We are proud to be listed as top tier firm and our five practitioners are listed among trademark stars and patent stars by Euromoney Managing IP’s IP STARS 2023 which is the leading specialist guide for companies or individuals looking for experienced legal practitioners to deal with contentious and non-contentious intellectual property issues. Managing IP has been covering IP law and practice since 1990. https://www.ipstars.com/Jurisdiction/Turkey/Rankings/8546#rankings
Mehmet Gün, Özge Atılgan Karakulak and Selin Sinem Erciyas are Listed in IAM Global Leaders 2023
Our founding partner Mehmet Gün, and our partners Özge Atılgan Karakulak and Selin Sinem Erciyas are listed in IAM Global Leaders 2023. To qualify for inclusion in the IAM Global Leaders, individuals must be ranked in the gold tier of the IAM Patent 1000, the market-leading annual directory that identifies the top law and attorney firms and individuals in the world’s most significant patent…
Our IP Partners Are Listed in WIPR Leaders 2023
Mehmet Gün, Aysel Korkmaz Yatkın, Güldeniz Doğan Alkan, Mutlu Yıldırım Köse, Selin Sinem Erciyas and Uğur Aktekin, partners in our intellectual property practice, are listed in the WIPR Leaders 2023 from Turkey. The guide profiles the leading IP executives across the world. The handbook lists over 2,500 lawyers across patent, trademark, and copyright practices after an extensive nomination period. In order to reach the WIPR Leaders 2023, please click here.
Baran Güney Spoke at Hot Topics in Global Environmental Marketing Webinar
Baran Güney, managing associate in our TMT practice, spoke at Hot Topics in Global Environmental Marketing webinar hosted by Practicing Law Institute in cooperation with the Global Advertising Lawyers Alliance.