Insights
Challenging and Enforcing Arbitration Awards: Türkiye 2024
Must an award take any particular form? Article 14(A) of the International Arbitration Law (IAL) provides that an award must include: the names, surnames, titles and addresses of the parties, their representatives and lawyers; the legal grounds on which the award is based and, if there is a claim for compensation, the amount of compensation; the place of arbitration and the date of the award; the name, signature and a dissenting opinion, if any, of the arbitral tribunal;… »
A New Era in Turkish Personal Data Protection Legislation
Amendments to the Law on the Protection of Personal Data (“Law”) entered into force as of June 1, 2024. Please review our detailed article here about the amendments to the Law. The main actions to be taken by data controllers within the framework of the amendments are briefly as follows: 1. Providing Appropriate Safeguards for Transfers Abroad Except for cross-border transfers that are irregular, occur on one or a few occasions, are not continuous and are not in the ordinary… »
Amendments Regarding the Turkish Personal Data Protection Came into Force
The Law No. 7499 on Amending the Code of Criminal Procedure and Certain Laws (“the, which includes the long-awaited amendments to the Turkish Personal Data Protection Law (the “Law”) and is also referred to as the 8th Judicial Reform Package, was published in the Official Gazette dated 12 March 2024 and numbered 32487. Various amendments affecting data controllers have been made. Accordingly, data controllers shall review their compliance efforts with the Law, update their… »
First Legal Regulation for Artificial Intelligence Systems: AI Act
Artificial intelligence, which has become one of the most important components of modern technology, has rapidly transformed our interaction with technology, seamlessly integrating into various areas of our daily routines. AI technologies, offering significant advancements and innovative solutions in fields such as medicine, finance, transportation, education and many others, have also brought with sensitivities towards critical issues such as ethics, security and privacy.… »
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 ofHealth that are defined as Foreign Pharmaceutical Suppliers (Suppliers) and currently constitute theSocial Security Institution and the Turkish Pharmacists Association. The Suppliers can… »
Advertisement Board’s Power to Block Access was Annulled
The Turkish Constitutional Court (“Court”) annulled paragraph 12 of Article 77 of the Consumer Protection Law, which granted the Advertisement Board the power to partially or entirely block access to websites containing unlawful advertising content. The relevant rule was considered to be unconstitutional pursuant to the Court’s decision dated 13 September 2023 and numbered 2022/70 E. - 2023/152 K. In its decision, the Court ruled that the scrutinized legal rules do not meet… »
New Regulations on Nutrition and Health Claims for Food and Food Supplements
The Regulation on Health Claims for Food and Food Supplements ("Regulation") entered into force through publication in the Official Gazette dated April 20, 2023 and numbered 32169. Regarding nutrition claims, the Turkish Food Codex Regulation on Nutrition Claims was published in the same Official Gazette and entered into force. The Turkish Food Codex Regulation on Nutrition and Health Claims, which regulated nutrition declarations and health declarations for food and food… »
The Guideline on Consumer Reviews
The Guideline on Consumer Reviews (“Guideline”), enacted by the Advertisement Board at the meeting dated 12.09.2023 and numbered 337, was published. The purpose of the Guideline is to inform advertisers, advertising agencies, media organizations and persons, institutions and organizations engaged in advertising activities on fundamental principles regarding consumer reviews, obligation of informing consumers and procedure for checking reviews before publication, along with… »
Discount Sale Ads and Loyalty Programs Under the Microscope
The Advertisement Board ("Board") closely monitors the discount sales campaigns, which have become a tradition in e-commerce, held in November and known as "Legendary November Discounts", "Fabulous Friday Discounts", where discounts at various rates are announced for a large number of products. The Board imposes administrative sanctions on discount sales advertisements and practices that deceive and mislead consumers and create the perception that there is a higher price… »
Alcoholic Beverage Advertisements through Alibi Branding
Brand communication of alcoholic products to consumers is strictly prohibited in Türkiye and there is full prohibition of advertisement of alcohol, any manner in all forms of media. This ban includes broadcasts on TV and radio, advertisements in cinema, product placement, printed media, as well as advertisements on social media and digital platforms. Alibi branding is an alternative mechanism for promotion of alcohol brands and in fact, this is a grey area. Although there is… »
Dark Patterns on the Advertisement Board's Agenda
Unfair commercial practices, also known as the "dark patterns", have entered the agenda of the Advertisement Board. Dark patterns may in fact be considered as unfair commercial practices regulated under the Regulation on Commercial Advertising and Unfair Commercial Practices ("Regulation"). Pursuant to the Regulation, a consumer-oriented commercial practice is deemed to be unfair if it does not comply with the requirements of professional care and if it significantly impairs… »
Does Artificial Intelligence Tell the Truth?
Being aware of the fact that technological developments have diversified the ways in which commercial advertisements are created and presented to consumers, the Advertisement Board ("Board") scrutinized the advertising content created by artificial intelligence for the first time during its meeting dated September 12, 2023 and numbered 337. In Türkiye, there is no regulation that directly addresses advertisements created by using artificial intelligence. The Board evaluated… »
News and Events
Özge Atılgan Karakulak Moderated a Panel at IBA - Virtual Fever the New Pandemic Conference
Özge Atılgan Karakulak, co-chair of IBA - IP and Entertainment Law Committee, was the co-moderator of the "Have patents cured Covid-19?" panel at IBA - Virtual Fever the New Pandemic Conference in Berlin, Germany. https://www.ibanet.org/session-details/se_85026
We Conducted Another Round of Raids on Infringers in Istanbul
We are proud the announce that we conducted yet another round of simultaneous raids at the warehouses and production sites of several infringers in Istanbul last week, enabling us to seize over two hundred thousand pieces of textiles, leather goods and accessories. This joint operation started with detailed investigations of our in-house investigation team and could be concluded thanks to excellent support of law enforcement officers on behalf of many clients.
Emine Taşkıran Spoke at Ankara Yıldırım Beyazıt University
Emine Taşkıran attended the "Ankara Yıldırım Beyazıt University Free Ideas Club"s interview titled "Career Interviews" and shared her career experiences with the students.
Uğur Aktekin Was the Guest of Legal Akademi Sector Talks
Uğur Aktekin was the guest of the "Sector Talks" of the legal information sharing platform legalakademi.org and answered questions on "Intellectual Property Rights and Protection in the Light of Technological Developments". https://www.legalakademi.org/post/av-u%C4%9Fur-aktekin-ile-fikri-m%C3%BClkiyet-haklar%C4%B1-%C3%BCzerine
IAM Patent 1000 - The World's Leading Patent Professionals 2021 Rankings Announced
We are pleased to announce that we have been named as the top tier firm and our 7 practitioners are recognized as the leading individuals in the IAM Patent 1000 - The World's Leading Patent Professionals 2021. The IAM Patent 1000 delivers the most in-depth coverage of the market yet undertaken, pinpointing the best of the best in prosecution, litigation and licensing.
Euromoney's MIP IP STARS 2021 Rankings Announced
We are proud to be listed as top tier firm and our five practitioners are listed among trademark stars and patent 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/Jurisdiction/Turkey/Rankings/8546#rankings
Gün + Partners Is Recognised as “Turkey Firm of the Year” by Benchmark Litigation Europe Awards 2021
We are proud to be recognised as “Turkey Firm of the Year” for 3 consecutive years by Euromoney's Benchmark Litigation Europe Awards 2021. Benchmark Litigation recognises the best disputes lawyers, teams, firms and cases throughout Europe over the past 12 months. https://benchmarklitigation.com/NewsAndAnalysis/Benchmark-Litigation-Europe-2021-Awards-Winners-Announced/Index/7058
We Performed Presentations at “Customs IP Training” of Turkish Customs General Directorate
We attended at the first online “Customs IP Training” of this year and performed presentations for tens of clients. We would like to thank Turkish Customs General Directorate for the organization and around 200 Customs officers who attended the online IP training.
We Are Honored to Be Named "Law Firm of the Year in Southeast Europe Region" by LMG's Life Sciences Awards 2021
We are honored that our firm has been named "Law Firm of the Year in Southeast Europe Region" by Euromoney Legal Media Group's European Life Sciences Awards 2021. https://awards.lmglifesciences.com/Europe2021/life-sciences-europe-winners-24512O-15377HJ.html#Jurisdiction-awards
Implementation and Updates of Mandatory Mediation for IP Related Monetary Claims in Turkey
How to apply mandatory mediation provisions, when monetary and non-monetary IP claims are combined in a single action? Let’s find out the answer in light of the recent Turkish Court of Cassation decisions, in our video! Further details are available in our thought leadership paper.
The Legal 500 EMEA 2021 Results Are Announced
We are delighted to have been named as one of the major domestic firms of Turkey by The Legal 500 EMEA 2021 and to have the “Top Tier” rankings in 6 out of 9 practice areas we are ranked. We are proud that our 5 lawyers are recognized as "Leading Individual", 3 lawyers as "Rising Stars" and 3 lawyers as “Next Generation Partners” in their practice areas. https://www.legal500.com/firms/10998-gun-partners/11375-istanbul-turkey/#rankings
Hande Hançar Spoke at GALA's "Hot Topics in Global Advertising Law" Webinar
Hande Hançar, partner and co-chair of our TMT practice, spoke about influencers, disclosures, and social media in Turkey at "The 4th Annual Hot Topics in Global Advertising Law" webinar by Global Advertising Lawyers Alliance (GALA) on March 19. https://www.galalaw.com/Events/Article/4498