Insights
Turkish PTO Continues to Protect Copyright Holders Against Infringing Trade Mark Applications in Its New Decision
The Turkish Patent and Trademark Office (PTO) has a broad approach and well-established praxis regarding the protection of copyright holders’ rights on fictional works when characters, titles, and associated signs are used in third-party trademark applications. In its recent decision issued in April, the PTO accepted Paramount Pictures’ opposition filed against the trademark application “Don Carpetto”, as shown below, and rejected the registration of the contested application… »
Recent Changes in the Turkish Commercial Code
With the Law no. 7511 Amending the Turkish Commercial Code and Certain other Laws (the “Amendment Law”), which entered into force after being published in the Official Gazette dated 29.05.2024 numbered 32560, amendments are made primarily to the Turkish Commercial Code numbered 6102 (the “TCC”) and other certain laws. We present below the important amendments introduced by the Amendment Law within the scope of the TCC in order to provide convenience to corporate transactions… »
Guidelines on Packaging Information and Instructions for Use of Pharmaceuticals have been Updated
On June 11, 2024, the Turkish Medicines and Medical Devices Agency (“Agency”) announced on its official website that the “Guideline on the Packaging Information and Instructions for Use of Medicinal Products for Human Use”, “Guideline on the Readability of the Packaging Information and Instructions for Use of Medicinal Products for Human Use” and “Guideline on Excipients in the Packaging Information and Instructions for Use of Medicinal Products for Human Use” have all been… »
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… »
News and Events
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
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