Insights
Is It Really Number One Of Türkiye?
Article 8 of the Regulation on Commercial Advertisement and Unfair Commercial Practices ("Regulation") permits comparative advertisements under specific conditions. Subparagraph (a) 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." Additionally, Article 9, titled "Burden of Proof," specifies… »
Turkish Court of Cassation’s Highlighting Decisions on Conceptual Similarity Evaluation
In the 1st paragraph of Article 6 of the Industrial Property Law no. 6769, which regulates the relative refusal grounds in trademark registration, the existence of a likelihood of confusion requires the condition of “identicalness or similarity” of the trademarks along with the similarity of the goods and/or services. During the evaluation of the similarity between the trademarks, the focus is commonly gathered on visual, aural and semantic similarity. The existence of any… »
Amendments to the Consumer Protection Law and E-Commerce Law
The Law No. 7529 on Amendments to the Consumer Protection Law and Certain Other Laws was published in the Official Gazette dated 30 October 2024 and numbered 32707. The law introduced amendments particularly to the direct sales provisions and administrative fines ruled by the Consumer Protection Law, as well as to the E-Commerce Law. Some amendments took immediate effect upon its publication date, while others will come into force later. Key Amendments to the Consumer… »
Calendarization Process for the Market Authorization of Medicines
Introduction The Guidelines for the Calendarization Process of Medicinal Products for Human Use (the “Guidelines”) aims to regulate the process for the market authorization applications on medicinal products for human use filed with the Turkish Medicines and Medical Devices Agency (the “Agency”). The Agency has determined the procedures and principles for calendarization processes of the applications found eligible in the pre-assessments. The Guidelines has been initially… »
The Most Remarkable Competition Law Issue of Recent Years: Competition Violations in Labor Markets
With the on-site inspections and investigations conducted by the Competition Board (“Board”) in recent years, against innovation-oriented technology companies, pharmaceutical companies, and companies operating in the information technology sector due to competition violations in labor markets, a need has arisen to provide clarity regarding the application of the Law on the Protection of Competition (“Law”) to labor markets and how anti-competitive agreements that restrict… »
Second Round of Comments on Draft Regulation For Pharmaceutical Promotions
In the second quarter of 2024, the Turkish Medicines and Medical Devices Agency (the “Agency”) published an announcement on its website, opening the Draft Regulation on the Promotional Activities of Human Medicinal Products and Food for Special Medical Purposes (the “Draft”) for external comments. Significant amendments proposed in the initial version can be reviewed by clicking here. Updates have been made to the Draft based on the opinions of sector stakeholders. The… »
Infinity Case Highlights Importance of Global Appreciation
The Court of Cassation has approved the First Instance Court’s decision in a case involving several INFINITY marks, shedding light on the principle of global appreciation of trademarks in the similarity examination. Background On 8 January 2018 the applicant filed an application to register the trademark depicted below for “flying services by means of paragliding” in Class 41 before the Turkish Patent and Trademark Office (PTO): After the application was published in… »
The Supervisory Power of The Re-Examination and Evaluation Board
It is observed that the supervisory power of the Re-examination and Evaluation Board (“Higher Board”), which is in charge of examining and finalizing appeals against the decisions taken by the Turkish Patent and Trademark Office (the “Office”) regarding the registration of IP rights, is in the form of a review of expediency. This issue is regulated in paragraph 4 of Article 6 of the Regulation on the Turkish Patent and Trademark Office Board of the Re-examination and… »
From Plant to Pill: Introducing Cannabis to the Pharma Industry
The Regulation on the Cultivation and Control of Cannabis for the Production of Active Pharmaceutical Ingredients ("Regulation") prepared by the Ministry of Agriculture and Forestry (“Ministry”) was published and came into force upon being published in the Official Gazette numbered 32661 dated 13 September, 2024. The Regulation includes provisions on the control, harvesting, evaluation, processing, disposal, display, export and/or purchase/sale of cannabis cultivation for the… »
The Turkish Court of Cassation Reminds of the Significance of “Vested Rights” in Two Recent Decisions: Frigo V Frico
Güldeniz Doğan Alkan and Dilan Sıla Kayalıca of Gün + Partners consider the Turkish Court of Cassation’s two recent decisions, underlining the significance of “vested rights” in the Turkish trademark law. The concept of “vested rights” is notable in the Turkish trademark law, as it serves as a strong defense against potential refusal of a later mark because of the likelihood of confusion it may create against an earlier one. In its two recent decisions related to the court… »
IP Rights 2024 in Türkiye: Overview
Patents Requirements to Obtain a Patent 1. Provide a brief definition of a patent, the key legal requirements to obtain it and the law that applies. Conditions for a Patent A patent is an industrial property right that gives the patent owner the right to prevent third parties from certain activities such as producing, using, selling, or importing the product or process that is the subject of the invention for a 20-year period. The applicant must prove the following to obtain… »
A Trade mark or a Song? Turkish Court of Cassation Casts Some Light on this Distinction
Article 4 of the Law No. 6769 on Industrial Property indicates that sounds can be registered as trade marks if they are capable of being distinguishable for the goods or services of one undertaking from that of another: “Trademarks may consist of any signs like […], sounds and the shape of goods or their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings and being represented on the… »
News and Events
Umut Acar Will Moderate ''Peer Relationships – Unlocking the Potential to Grow Your Practice or Career'' Webinar
Peer relationships have assisted forward-thinking lawyers to grow their practice, increase profitability and improve lives by adopting practical, real-world, tried and tested solutions and invaluable hands-on experience gained through these relationships. So why, and in which ways, do peer-to-peer relationships flourish? Why might peer relationships be the best solution for most of those who are preparing to take their legal practice and professional life to the next level?…
Baran Güney Spoke at "Global Hot Topics in Deceptive Price Advertising" Webinar by GALA
Baran Güney, managing associate in our TMT practice talked about price advertising regulation and enforcement activity with GALA members from the USA, Canada, the UK and Switzerland at "Global Hot Topics in Deceptive Price Advertising" webinar.
Webinar: World IP Day - Women and IP: Women Behind Life Changing Innovations - An Interview with Prof. Rana Sanyal
Gün + Partners celebrated the World IP Day with webinars. Enjoy the fireside chat between Selin Sinem Erciyas and our guest Prof. Rana Sanyal. This webinar concentrates on women behind life changing innovations, and they are discussing on below topics. How Rana, as a woman entrepreneuse, has used IP as an innovative tool while building her own career. How young entrepreneurs shall benefit from IP, in particular patents and utility models, while starting up their…
Özge Atılgan Karakulak Listed in Top 250 Women in IP 2023
Congratulations to Özge Atılgan Karakulak to be recognised as Managing IP's Top 250 Women in IP 2023 edition. This special publication recognises some of the senior female IP practitioners in private practice who have performed exceptionally for their clients and firms in the past year.
We Attended INTA's 2023 Annual Meeting Live+
Our firm was represented by our partners Barış Kalaycı, Güldeniz Doğan Alkan, Mutlu Yıldırım Köse, Uğur Aktekin, Zeynep Seda Alhas and Director Pınar Arıkan at the INTA's 2023 Annual Meeting Live+ in Singapore.
We Attended London International Disputes Week
Our firm was represented by our partner Beril Yayla Sapan and managing associate Asena Aytuğ Keser at the London International Disputes Week 2023.
We Are Registered for INTA's 2022 Annual Meeting Live+ (1)
Our firm will be represented by our partners Barış Kalaycı, Hande Hançar, Uğur Aktekin, Zeynep Seda Alhas and Director Pınar Arıkan at the INTA's 2022 Annual Meeting Live+ in Washington, D.C., U.S.A. For all details of the conference program please click here.
The Legal 500 EMEA 2023 Results Announced
We are delighted to have been recognized as one of the leading domestic firms of Turkey by The Legal 500 EMEA 2023 and to have the “Top Tier” rankings in 3 out of 9 practice areas we are ranked. We are proud that our 3 lawyers are listed in the elite "Leading lawyers" group, 4 lawyers are listed in the "Next generation lawyers" group, and 2 lawyers are listed in the "Rising stars"…
The Legal 500 EMEA 2022 Results Announced
We are delighted to have been named as one of the major domestic firms of Turkey by The Legal 500 EMEA 2022 and to have the “Top Tier” rankings in 3 out of 9 practice areas we are ranked. We are proud that our 3 lawyers are recognized as "Leading Individual", 2 lawyers as "Partners: Next Generation lawyers" and 3 lawyers as “Associates: Rising Stars lawyers” in their practice areas. https://www.legal500.com/firms/10998-gun-partners/11375-istanbul-turkey/
We Have Co-Hosted INTA Pre–Annual Meeting Reception
We have hosted INTA Pre–Annual Meeting in Istanbul on April 03, 2023. Hande Hançar made the opening speech and informed the attendees about the INTA and its 2023 Annual Meeting Live+ in Singapore and our guest speaker Hande Yaşargil made the ''Diversity and Inclusion: For a Better Workplace and Future'' presentation.
We Have Been Selected as the “Firm of the Year” in Turkey
We are honoured our firm has been awarded as "Firm of the Year - Turkey” for the for the sixth year in a row by Who’s Who Legal. The winners were selected on a range of factors, including feedback received from clients and peers in the research process, breadth and depth of practice area and geographical capability and the number and proportion of individuals selected as WWL Thought Leaders. The award ceremony attended by more than 200 guests from more than 40 practice…
Begüm Yavuzdoğan Okumuş Spoke on Screen of the Future Podcast
Begüm Yavuzdoğan Okumuş, partner in our Data Protection and Privacy practice spoke on ‘’Protection of Our Personal Data’’ on the fifteenth episode of the Screen of the Future Podcasts. You can click to listen (in Turkish): https://open.spotify.com/episode/1TsXFBN9wKfwRA5yZKW9nh The Screen of the Future Project which carried out in partnership with Netflix, International Chamber of Commerce (ICC) Turkish National Committee and Habitat Association aims to spread the concepts…