Insights
Personal Data Protection Board Decisions on Commercial Electronic Messages
Along with the progress in information technologies, the fact that even the smallest daily needs are met through electronic commerce has resulted in the advertisement and marketing of goods and services mainly through telecommunication networks. With the effect of the Covid-19 pandemic, the sales of goods and services in electronic environment, which have reached a serious potential in recent years, have also caused an increase in the personal data processing activities of… »
New Guidelines on Named Patient Program was Published
The pharmaceuticals not authorized in Turkey or those not available in the market, despite being authorized, shall be procured from abroad upon the request of a physician and special authorization in cases where patients require such pharmaceuticals. Until recently, this exceptional import regime for pharmaceuticals was regulated by the Guidelines on the Supply of Pharmaceuticals from Abroad published by the Turkish Medicines and Medical Devices Agency ("TİTCK"). In line with… »
Termination Disputes relating to Partnership in Non-Public Joint Stock Companies
In joint stock companies, which is one of the most preferred partnership types due to the limited liability of shareholders, due to various concerns such as family and personal concerns and the relevant shareholders’ unsatisfied expectations relating to the company’s performance, shareholders may sometimes wish to terminate the partnership with other shareholders. In such cases, it is critical which actions can be taken by the controlling shareholders against the minority who… »
Amendments to the Execution and Bankruptcy Law and Certain Laws
The Law Amending the Enforcement and Bankruptcy Law and Certain Laws ("Amendment Law"), known as the 7th Judicial Package, was published in the Official Gazette (32154) dated 05 April 2023 and entered into force except for several provisions with later effective dates. The Amendment Law sets out several changes in the fields of enforcement law, criminal law, and procedural law, and it expands the scope of mandatory mediation significantly. Some of the prominent amendments… »
Amendment to Press Labour Law: Who is Considered a Journalist?
Under Turkish law, journalists are subject to Law No. 5953 on Arrangement of Relations Between Employers and Employees in the Field of Press (the Press Labour Law), which sets out the terms and conditions of their employment. The former wording of article 1 of the Press Labour Law stated that the law covered: those who work in any kind of intellectual or artistic works at news and photo agencies, periodical publications and newspapers published in Turkey and those who fall… »
A Glance at the Concept of Plagiarism
Although plagiarism is not clearly defined in Law No. 5846 on Intellectual and Artistic Works (LIAW), it is one of the most common acts of infringement. Plagiarism, which is defined as “pilferage” by the Turkish Language Association under the law on intellectual and artistic works, is used to “present someone else’s work as your own, taking a piece from someone else’s work without citing the source”. While there is no definition for plagiarism, “Freedom of quotation” is… »
The Protection of Cinematographic Works in Türkiye
LIAW which entered into force in 1952, has been amended in 1995, 2001, 2004, 2006, 2008, 2012, and 2014. The amendments in 1995 and 2001 were major amendments which changed the legal regime for rights to cinematographic works and created legal uncertainty as to the ownership and protection term for rights to cinematographic works. The initial text of the LIAW (dated 1952) recognized the Producer of a cinematographic work as the author and provided for a protection term of 20… »
Non-Fungible Tokens (“NFTs”) and Copyright Law
NFTs have been one of the most popular topics for copyright law during 2022. Discussions were widely held about whether NFTs could be considered copyrightable works, whether purchase of an NFT grants authorship rights to the buyer, which formal requirements are relevant for a valid copyright assignment for an NFT, and which particular rights associated with copyright could be infringed by unauthorized use. Although we are yet to see legislation concerning these issues, many… »
New Turkish Domain Name System Creates a Situation in Need of Resolution
Nic.tr (.tr Domain Name Management), which was established under the auspices of Middle East Technical University, has been managing .tr domain names and dispute resolution processes related to these domain names since 1991. However, under Article 35 of Law No. 5809 on Electronic Communications and the Internet Domain Names Regulation, TRABIS (.tr Network Information System), established by the Information and Communication Technologies Authority, became operational on… »
What’s New In The Amended E-Commerce Law For IP
Law No. 7416, amending E-Commerce Law, came into effect on 1 January 2023, and a comprehensive change has been made to Article 9, titled "obligations of intermediary service providers", including the title of the provision. Following this change, the title of Article 9 was changed to "illegal content". According to this article, unless there is a contrary provision in other laws, the general principle is that the intermediary service provider is not responsible for the… »
Publishing Rights in Online Use
Digital technologies continue to transform the way creative content is produced, distributed and accessed, and one of the most affected sectors is the printed publication industry. To illustrate, the results of an EU Commission 2021 survey[1] revealed that 72% of internet users aged 16 to 74 in the EU access newspapers and magazines online. The increasing importance of the Internet in the sharing of intellectual works necessitates legislative regulations that are compatible… »
Protection of Websites Under Turkish Law
Websites that are part of our daily lives consist of many elements such as webpages, the user interface, computer software, databases, and servers. Although there is no set of rules specifically applicable to them under Turkish law, their constituent elements and their content can be conferred legal protection if they meet the requirements of existing legislation. The question of whether websites are conferred additional legal protection separate from their constituent… »
News and Events
Mehmet Gün gave an interview to InterContinental Finance & Law Magazine
"Mehmet Gün gave an interview to InterContinental Finance & Law Magazine about our firm and his role in the firm as founder. Click below to read the inverview: https://gun.av.tr/intercontinental-finance-law-magazine/"
Gün + Partners has been shortlisted in The Law Society 2019 Excellence Awards
We are pleased to be shortlisted in the Excellence in International Legal Services category by The Law Society 2019 Excellence Awards. The award recognises law firms with an innovative approach to the delivery of legal services in the international era.https://www.lawsociety.org.uk/support-services/events/excellence-awards/shortlist/
Hande Hançar Is Giving "IP Law" Course at TOBB University during 2022-2023 Academic Year
Hande Hançar, partner in our IP practice, is giving "IP Law" course at TOBB University of Economy & Technology, Faculty of Law as a visiting lecturer during 2022-2023 academic year Fall semester.
Gün + Partners Has Been Awarded as "Firm of the Year - Turkey" in 2021 by Who’s Who Legal
We are honoured our firm has been awarded as "Firm of the Year - Turkey” for the 5th consecutive years in 2021 by Who’s Who Legal. WWL recognises individual practitioners who received the highest number of nominations from peers, corporate counsels and other market sources, and also awards the individuals and firms that have performed exceptionally well in their research. https://whoswholegal.com/awards/2021-country-and-state-awards
IAPP Istanbul KnowledgeNet Chapter Webinar 2022
Begüm Yavuzdoğan Okumuş, partner in our data protection and privacy practice, had a discussion on the data transfer abroad and the effects of the Schrems II decision in cross-border data transfers with Şehriban İpek Aşıkoğlu at the Virtual Istanbul KnowledgeNet Webinar by IAPP Istanbul KnowledgeNet Chapter. Please click here for more details.
We are attending the IBA Annual Conference in Seoul
Our partners Özge Atılgan Karakulak, vice chair of IBA IP and Entertainment Law Committee, Pelin Baysal, former secretary of IBA Insurance Committee, and Ozan Karaduman, will be attending the IBA Annual Conference 2019 in Seoul from 22nd to 27th of Sep 2019. Please contact gun@gun.av.tr if you wish to meet with them. https://www.ibanet.org/Conferences/Seoul-2019.aspx
Maral Büyükkürkçü and Zeynep Çağla Üstün Are Listed as Rising Star by Euromoney's MIP IP STARS 2021
Maral Büyükkürkçü and Zeynep Çağla Üstün, senior associates in our intellectual property practice, are listed among rising stars by Euromoney's MIP IP STARS 2021 which is the leading resource for who is looking for the best legal practitioners for contentious and non-contentious IP advice since 1994. https://www.ipstars.com/Firm/Gun-Partners/Profile/101593#lawyers
We Are Proud to Be Recognized as a Leading Data Firm by GDR 100 2023
We are proud to be listed among the GDR 100 2023 The world's leading data law firms. The GDR 100 is the only global ranking that captures the capabilities, track record and market reputation of the leading firms in the field. The ranking examines not only law firms' privacy and data protection capabilities, but also their work on all other kinds of data law. GDR considers data localisation, B2B disputes about data acquisition and breach responsibility, antitrust, the use of…
June 8th is World Anti-Counterfeiting Day!
In an ideal world, we would not need to dedicate a day to a crime – but today is all about raising awareness about counterfeits and celebrating the ones fighting for a safer world. We operate in a jurisdiction which is notorious for counterfeits and we do our best to protect the brands of our clients both online and offline, all around Turkey and also at the customs. For tailoring the best approach and obtaining the best outcome, we leverage other measures available to us…
Webinar: World IP Day - Top Patent Cases of the year 2020 in Turkey and UK Perspective
Aysel Korkmaz Yatkın and Selin Sinem Erciyas from Gün + Partners and Aida Tohala from Bristows discussed the top patent cases of 2020 in Turkey and UK perspective and case law about the same. https://youtu.be/7ZZC1XSTNyk
Özge Atılgan Karakulak Listed in Top 250 Women in IP
Özge Atılgan Karakulak, partner in our life sciences and patent and utility models practices, is listed in Top 250 Women in IP 2021 by Euromoney's Managing IP. The publication recognises 250 senior female IP practitioners in private practice who have performed exceptionally for their clients and firms in the past year.
INTA Pre-Annual Meeting Reception 2022
This reception is planned exclusively for you and your colleagues to learn more about INTA’s upcoming 2022 Annual Meeting Live+. Feel free to bring a friend, colleague, or prospective member to find out more about this year's educational program, Business Development offerings, and more. Plus, learn about all the benefits of being or becoming an INTA member!