Insights
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.… »
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… »
Likelihood of Confusion of Medicines for Human Use and for Animal Use
As educated consumers should be taken into account, particularly when comparing the trademarks covering medicines, it is a well-established principle that the likelihood of confusion between the trademarks covering the goods in class 05 is harder to occur. The Turkish Court of Cassation (“the Coc”) has reiterated this concept repeatedly, so the courts strictly adhere to it and consider a great degree of similarity before accepting that healthcare professionals might confuse… »
Guideline on Co-Marketing of Medicines has been Updated
The Guideline on Co-Marketing of Medicinal Products for Human Use ("Guideline") contains regulations on the evaluation of marketing authorization applications for co-marketed products and the evaluation of authorized co-marketed products. The Guideline published on February 17, 2023, was updated by the Turkish Medicines and Medical Devices Agency and re-published on June 07, 2024. The Guideline used to stipulate that if variations are made in the main product that also affect… »
Guideline on Medicine Priority Assessment Has Been Updated
In accordance with the Regulation on Licensing of Human Medicinal Products, the Guideline on the Working Procedures and Principles of the Priority Assessment Board for Human Medicinal Products ("Guideline"), which sets out the procedures and principles regarding the prioritization applications submitted to the Turkish Medicines and Medical Devices Agency ("Agency") and the working of the Priority Assessment Board for Human Medicinal Products ("Board") established within the… »
Patents Throughout the World Chapter 169 Turkey
Law At national level, the main sources of patent law are the: Industrial Property Code No. 6769 (IP Code); Regulation on the Implementation of the IP Code; Regulation on Employees' Invention, Inventions Realised in Higher Education Institutions and Inventions Realised as a Result of Publicly Funded Projects; and Regulation on the Implementation of the European Patent Convention Regarding the Grant of European Patents in Turkey. Conventions Turkey is a party to almost all… »
Designs and Utility Models Throughout the World Chapter 149A Turkey
I. Introduction Law The Industrial Property Code no. 6769 (““IP Code””) entered into force on January 10, 2017. Conventions International Convention (Stockholm) (see Appendix 1); Hague Agreement Concerning the International Registration of Industrial Designs (see Appendix 2); Locarno Agreement for the International Classification of Industrial Designs (see Appendix 3); Patent Cooperation Treaty (see Appendix 4(a)); Strasbourg Agreement Concerning the… »
New Rules for Content Ratings in Television Programs
Amendments to the Regulation on the Procedures and Principles of Media Services ("Regulation") introduced new rules regarding the content rating for television programs. New rules immediately entered into force upon publication in the Official Gazette dated 13.06.2024 and numbered 32575. The new amendments are particularly relevant for news programs and, in some cases, live broadcast programs. Highlights of the Amendments: It is regulated that the Content Rating System will… »
News and Events
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
Hande Hançar Is Talking About the Assignment of Copyrights Procedure Under Turkish Law
Turkish copyright system follows the classical author’s rights doctrine, therefore based on very conservative principles which are difficult to maintain in a world of rapid and unpredictable technological developments. In our video, Hande Hançar is talking about the assignment of copyrights procedure under Turkish Law. Further details are available in our thought leadership paper.…
Mutlu Yıldırım Köse and Havva Yıldız Spoke on “Non-Fungible Tokens (NFT)" at İstanbul Bilgi University
Mutlu Yıldırım Köse and Havva Yıldız spoke on NFT and its relation to copyrights at the Data-Based Economics Lab of Istanbul Bilgi University.
Uğur Aktekin Will Moderate a Table Topic at INTA 2021 Annual Meeting
Uğur Aktekin, co-chair of our intellectual property practice, will be the moderator of the Table Topic: "Leveraging Copyrights in Your Brand Protection Strategy" at INTA 2021 Annual Meeting Virtual+ on 17 November 2021, 08:00 am-09:00 am EST. https://www.inta.org/2021-annual-meeting-virtual/table-topics/
Aysel Korkmaz Yatkın Will Speak at Mondaq Webinar on Patent Enforcement in Europe
Aysel Korkmaz Yatkın, partner in our patent and utility models practice, will be one of the speakers at Mondaq "Learn from the Expert: Patent Enforcement in Europe" webinar delivered by MLL, Freshfields and other leading European firms on 18 November 2021 at 4:00 PM UTC. https://bit.ly/3Fe2jHO
We Had Information Security Training
In the light of ISO 27001 we had information security, risks and precautions training.
Announcement of 2021 Partner Promotions
We are pleased to announce the continued growth of our firm with the promotion of Begüm Yavuzdoğan Okumuş, Beril Yayla Sapan and Görkem Bilgin to partner in our corporate and commercial practice areas taking effect from 1 October 2021. https://gun.av.tr/people
Dicle Doğan Has Been Awarded as Rising Star by Euromoney Legal Media Group's "Rising Stars EMEA Awards 2021"
Dicle Doğan, managing associate in our life sciences practice, has been awarded as rising star in Turkey by Euromoney Legal Media Group's "Rising Stars EMEA Awards 2021" which aims to recognise the outstanding work being done by the region’s emerging leaders. https://www.iflr.com/article/b1thybzf1ql0nz/rising-stars-awards-emea-2021-winners-announced
Uğur Aktekin Will Speak at FICPI Virtual 20th Open Forum
Uğur Aktekin, partner in our trademarks and designs practice, will be a panellist of "Trade mark joint custody: Tips and trends for co-branding" panel at FICPI Virtual 20th Open Forum on 3-5 November 2021. https://ficpi.org/events/virtualevent/2021-ficpi-20th-virtual-open-forum
Hande Hançar is Outlining the Alternative Methods for Claiming Compensation for Trademark Infringement in Turkey
Recovery of damages is one of the most important initiatives of IP owners to protect their IP portfolio. In our video, Hande Hançar is outlining the alternative methods for claiming compensation for trademark infringement in Turkey. Further details are available in our thought leadership paper.