Insights
Corporate Governance and Directors' Duties in Turkey 2024
1. What are the main forms of corporate entity used? The main forms of corporate entity used in Turkey are the: • Limited liability company (LLC). • Joint-stock company (JSC). The LLC and the JSC are the preferred company forms in Turkey for both foreign national and Turkish entrepreneurs. The minimum capital requirement were recently increased and from 1 January 2024, the minimum capital amount for: • An LLC is TRY50,000. • A JSC is TRY250,000. • A non-public joint stock… »
The Current Approach Regarding the Determination of the Termination Type in Reinstatement Actions
In disputes arising from the termination of the employment agreement by the employer, although the issue of whether the employment agreement is terminated with just cause or valid reason does not have an impact in terms of the evaluation of the reinstatement request, it is crucial in terms of requesting employment claims. Yet, when the employment agreement is terminated with a valid reason or just cause, the reinstatement request shall be rejected in both cases, whereas the… »
Türkiye's Update: Key Changes in Named Patient Program
Pharmaceuticals that are not authorized in Türkiye or authorized but not available on the market shall be procured from abroad as per a special authorization and on a case by case basis (Named Patient Program-NPP). This supply can be conducted by public institutions approved by the Ministry of Health that are defined as Foreign Pharmaceutical Suppliers (Suppliers) and currently constitute of the Social Security Institution and the Turkish Pharmacists Association. The… »
Artificial Intelligence and Music Industry
One of the most striking developments in the music industry in 2023 was the release of the song “Heart on my Sleeves” by an anonymous user named “Ghostwriter” using the AI-created voices of world-famous singers Drake and the Weekend. However, the song “Heart on my Sleeves” did not exist in the music market for a long time due to the removal of the song from the relevant platforms after Universal Music filed a notice of intellectual property infringement. Although the song was… »
Decision on the Protection of Neighboring Rights in Cinematographic Works
The copyright law dispute, also known by the public as the case of famous actor Kemal Sunal, was concluded with the decision of the Court of Cassation General Assembly of Civil Chambers (“General Assembly”) after going through various stages for many years.[1] In the lawsuit filed by the heirs of Kemal Sunal, the dispute centers on (i) whether it is possible to accept that Kemal Sunal’s economic rights as a performing artist within the scope of Article 80 of the Law No. 5846… »
Court of Cassation Decision Linking the Completion of Films to Obtaining of the Film Registration Certificate
The 11th Civil Chamber of the Court of Cassation (“CoC”), in the context of a dispute arising out of a joint film production contract signed between the parties, agreed with the first instance court's finding that, in the absence of a clear determination in the contract as to when the film will be deemed to be completed, this moment should be determined as the time when the film registration certificate is obtained, and decided that the plaintiff was entitled to claim a… »
A Current Plagiarism Debate: “Bit Palas vs. Sinek Sarayı”
“Plagiarism” is not clearly defined in Law No. 5846 on Intellectual and Artistic Works (“LIAW”). Plagiarism, which is defined by the Turkish Language Association as "pilferage," is used in the context of intellectual and artistic works law to mean "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 under LIAW, instances of "freedom of quotation" are clearly defined under… »
Work Bearing The Characteristics Of Its Author And The Signs of Work
Work Bearing The Characteristics Of Its Author And The Signs of Work 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 recent decision of the Court of Cassation[1] has 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, especially with regard… »
Freedom of Quotation in Cinema Works
With respect to lawsuits filed in the scope of Law No. 5846 on Intellectual and Artistic Works (“FSEK") No. 5846, an important standard in terms of plagiarism is the limits of freedom of quotation. According to Article 35 of the FSEK, in order to make a quotation from a work, it is necessary to; (i) incorporate some sentences and paragraphs of a work made public, into another work of science and literature, (ii) incorporate certain elements of a published composition, at the… »
A Draft Regulation on the Promotional Activities of Human Medicinal Products and Food for Special Medical Purposes has been Published
On May 28, 2024, the Turkish Medicines and Medical Devices Agency (“Agency”) published a Draft Regulation on the Promotional Activities of Human Medicinal Products and Food for Special Medical Purposes (“Draft”) on its official website and announced that opinions regarding the Draft can be delivered to the Agency. Significant amendment proposals that differ from the current regulation are as follows: In General In addition to physicians, dentists, and pharmacists, promotion… »
The Insurance and Reinsurance Law Review, 12th Edition, Turkey Chapter
Chapter 1 Turkey Aysel Korkmaz Yatkın, Görkem Bilgin, Asena Aytuğ Keser and Edanur Atlı[1] I. Introduction i. Nature of the insurance and reinsurance market There are currently 74 active insurance companies incorporated in Turkey, consisting of 50 non-life insurers, 19 life and pension insurers and five reinsurers.[2] The premiums collected in 2023 amounted to approximately 486 billion Turkish lira, an increase of 106.8 per cent compared with the previous year. Of this… »
Key Challenges to Ethical Business in Türkiye
Humans have to live as a society in solidarity with others for survival, security, and continuation of the species. Equity (fairness) and cooperation must be core values in these societies if these three basic objectives are to be secured. The survival and progress of societies depend on cooperation which in turn depends on equity and fairness. Ethics and the law Although it is far from being ideal, justice is the best means humankind has developed to realise these values.… »
News and Events
Mehmet Gün has been listed in IAM Strategy 300 2022 - The World’s Leading IP Strategists
Mehmet Gün, our founding partner, is listed in IAM Strategy 300 Global Leaders 2022. The research, conducted by IAM, identifies the trailblazing individuals in the development and implementation of world-class IP value creation programmes.
GALA Alcohol Advertising: Europe, Middle East & Africa webinar
Baran Güney discussed current trends and challenges in alcohol advertising at the GALA Alcohol Advertising: Europe, Middle East & Africa webinar on 19st May.
Dicle Doğan and Zeynep Çağla Üstün Shared Their Experiences at LawTudent Career Days
They shared their experiences on "Being a Lawyer in a Corporate Law Firm" at the event.
Gün + Partners pledges support to UNICEF humanitarian aid efforts in Ukraine
We have pledged our support to the people of Ukraine and will be making a significant donation to UNICEF to support humanitarian aid efforts. We are deeply saddened and disappointed by the latest developments in Ukraine. Our immediate concern is the welfare of the Ukrainian people, and we commend them for their bravery, solidarity, and heroic resistance. Security and peace must prevail domestically and internationally, and it can only be secured if countries are governed by…
Zeynep Seda Alhas comments about the counterfeit products in Turkey in The Guardian
Turkey is the third biggest exporter of counterfeit products to the EU after China and Hong Kong, according to data on the value of goods seized. Falls in the value of the Turkish lira and the deterioration of the Turkish economy are further fuelling demand as such items become cheaper to traders buying in euros. Zeynep Seda Alhas, partner in our Anti-Counterfeiting practice shares her comments with Elif Ince for The Guardian article.…
8th Annual IBA World Life Sciences Conference
This event has passed A conference co-presented by the IBA Intellectual Property and Entertainment Law Committee, the IBA Technology Law Committee and the IBA Healthcare and Life Sciences Law Committee The past two years have seen a wide array of scientific discovery and legal issues that affect the development, production, distribution and use of pharmaceuticals, biotechnology products and medical devices as well as ways of providing health services. At record speed the…
Begüm Soydan Sayılkan Spoke at the Institute of Art Law - Law&Art Academy Trainings
Begüm Soydan Sayılkan, senior associate in our intellectual property practice, made a presentation on “Damages Awards in Copyright Infringement Cases” at the Law&Art Academy trainings of “The Institute of Art Law”.
Gün + Partners Top Ranked by WTR 1000 2022
We are pleased to announce that we have been named as the top tier firm and our 8 practitioners are recognized as the leading individuals in the World Trademark Review (WTR) 1000: The World’s Leading Trademark Professionals 2022. The resource identifies the leading trademark practitioners and firms from around the globe, offering the definitive ‘go-to’ guide for those seeking legal trademark expertise.…
We Are Proud to Be Ranked in the GDR 100 2022
We are proud to be ranked in the GDR 100 2022 for the second time in a row. The GDR 100 captures the capabilities, track record and market reputation of the leading firms in all areas of data law including but not limited to privacy, data protection, data localization, B2B disputes about data acquisition and breach responsibility, and antitrust. https://globaldatareview.com/survey/gdr-100/2022
Selin Sinem Erciyas and Zeynep Çağla Üstün Spoke at Bilkent University
Selin Sinem Erciyas and Zeynep Çağla Üstün made a presentation on "IP Rights and Patent Rights on Covid-19 Vaccines" at the 10th Law Students' Forum of Bilkent University.
Barış Kalaycı Spoke at Automechanika Academy and OSS Panel
Barış Kalaycı, partner in our anti-counterfeiting practice, spoke on "Battle Against Counterfeit Products" at Automechanika Academy and Turkish Automotive Aftermarket Association ("OSS") panel. https://automechanika-istanbul.tr.messefrankfurt.com/istanbul/en/themes-events/academy.html
Özge Atılgan Karakulak Moderated a Panel at IBA's "Hot topics in Technology, Communications and Intellectual Property Law" Online Event
Özge Atılgan Karakulak, co-chair of IBA - IP and entertainment law committee and partner in our patent and utility models practice, was the moderator of the "Patents in a Pandemic" panel at IBA - "Virtual roundtables: Hot topics in Technology, Communications and Intellectual Property Law" online event. https://www.ibanet.org/conference-details/CONF2114