Insights
Advertisements Containing Price Information and Discount Sales Advertisements
The Advertising Regulation was amended in a way to include new measures and rules to regulate advertisements containing misleading price information and to protect consumers against unfair commercial practices. The amendments entered into force in March 2022. In addition, the Advertisement Board prepared the Guideline on Advertisements Containing Price Information, Discount Sales Advertisements and Commercial Practices” (“Guideline”) that took effect in April 2022. Together… »
Gender Equality in Turkish Workplaces
Introduction Gender equality and the inclusion of women in the labour market are considered essential tools for nations to reach their full potential and ensure sustainable development, growth and a prosperous life. However, the full implementation of this goal constitutes a challenge for many states, regardless of their level of development. The Global Gender Gap Report of 2022, published by the World Economic Forum, suggests that it will take another 132 years for the… »
Advertisements Containing Environmental Claims
Until recently, there was no regulation specifically applicable for advertisements containing environmental claims. In the absence of specific regulation, the Advertisement Board has previously conducted its evaluations of such advertisements pursuant to the provisions included in the Advertising Regulation stating that advertisements must not abuse consumers’ environmental sensitivity or lack of knowledge in this field. For example, the Board determined in a decision… »
Conformity of Comparative Advertisements to the Advertising Law
Direct comparative advertising is considered unlawful under the Advertising Regulation as it is prohibited thereunder to mention the product name, trademark, logo, trade name, business name or other distinctive features of competitors in advertisements. Only indirect comparative advertisement not containing the trademark and distinctive features of competitors is allowed. The Advertisement Board rendered a decision in August 2022, which was particularly relevant to the scope… »
Social Responsibility Awareness and Social Values in Advertisements
The Advertisement Board rendered a guiding decision in September 2022 with respect to the advertisements published by an international fashion company operating in Turkey in which some food products like bread and doughnuts covered with colourful toppings were placed together with some attractive shoes and sandals also offered for sale. The Board evaluated that the advertisements violated the principle requiring that advertisements must follow the principles of fair… »
Advertisements Required to Include +18 Markings
The Advertisement Board rendered a highly controversial decision in July 2022 concluding that the promotions published by a fashion company on the main page of its website under the title of “My Chosen Family” including the following statements “My Chosen Family: A chosen family consists of members who chose to support and love each other. It celebrates who you are no matter whom you love. Meet the LGBTQIA+ family who chose each other” are against the Constitution and… »
TV Scenes Contrary to Social Gender Equality
Broadcast media is regulated and supervised by the Radio and Television Supreme Council (“RTUK”), an autonomous and impartial public legal entity. The RTUK regulates and supervises the radio, television and on-demand media services, and examines broadcasts, as well as advertisements, in light of the provisions of Broadcasting Law No. 6112. The RTUK recently rendered an important decision against the abuse of women and gender inequality. The RTUK ‘s decision concerned TV… »
Implementation of the Guideline on Social Media Influencers
In Turkey social media advertising is mainly regulated under Consumer Protection Law and the Advertising Regulation. In 2021, the Advertisement Board drafted the Guideline on Commercial Advertisement and Unfair Commercial Practices Conducted by Social Media Influencers” (“Guideline”). It was prepared based on the Consumer Protection Law to serve as a basis for examinations of commercial advertisements and unfair commercial practices run by Social Media Influencers. The Board… »
Patents, Trade Marks, Copyright and Designs 2022 in Turkey
Provide a brief definition of a patent, the key legal requirements to obtain it and the law that applies. A patent is an industrial property right that gives the patent owner the right to prevent third parties from certain activities such as producing, using, selling, or importing the product or process that is the subject of the invention for a 20-year period. The applicant must prove the following to obtain a patent: Novelty. Inventive step. Industrial… »
Cross-border IP Right Licences 2021 in Turkey
Key aspects of intellectual property licensing Degree of exclusivity Describe what is understood by each of the below terms in your jurisdiction. Exclusive licence Under the Industrial Property Code No. 6769 (IP Code), an exclusive licence is a type of licence under which the licensor cannot issue a licence to any person other than the exclusive licensee and cannot use the licensed intellectual property (IP) rights unless they explicitly reserve this right. Non-exclusive… »
Cross-border IP Right Assignments 2021 in Turkey
Key aspects of intellectual property right assignments Definition of IP Rights Does the definition of "Intellectual Property Rights" in Standard document, Assignment of intellectual property rights: Cross-border: clause 1.1 include any rights that are not recognised in your jurisdiction? If yes, what are those rights? Standard document, Assignment of intellectual property rights: Cross-border: clause 1.1 does not include any rights that are not recognised in Turkey… »
New Ways of Working in Turkey
Has the government introduced any laws and/or issued guidelines around remote-working arrangements? If so, what categories of worker do the laws and/or guidelines apply to – do they extend to “gig” workers and other independent contractors? Article 14 of the Turkish Labour Act (TLA) defines remote working as a contractual employment relationship in which employees carry out their duties from home or other locations outside the workplace, sometimes through digital platforms.… »
News and Events
Webinar: Modern Disputes Management and Arbitration for Competitive Economies
Istanbul Arbitration Association and a panel of global experts discussed the ways in which modern dispute management processes can be improved and the role arbitration can play in resolving legal cases.
We Are Delighted Our Lawyers Have Been Recognised as Mondaq Thought Leading Authors
We are delighted our lawyers have been recognised as Mondaq Thought Leading Authors for below categories in Mondaq Autumn 2022 awards. Intellectual Property: Neither A Compulsory License Nor An IP Waiver Is The Solution To Finding Or Accessing The Vaccine Data Protection: Audit Standards For Information Security Processes Arbitration & Dispute Resolution: Effective Date Of Additional Obligations On Consumer Protection Approaches Mondaq Autumn 2022 Thought Leadership…
Uğur Aktekin Moderated “Implementation of Trademark Law within Administrative Authorities” Panel
Our partner Uğur Aktekin moderated “Implementation of Trademark Law within Administrative Authorities” panel at the Intellectual Property Law event held in cooperation with International Trademark Association (INTA) and Turkish Patent and Trademark Office.
Barış Kalaycı Spoke at MIP - Global Trademark Forum 2021
Barış Kalaycı, partner in our intellectual property practice, was the panelist in the "Fighting Those Fakes and Staying One Step Ahead of Infringers" panel discussion at MIP - Global Trademark Forum 2021. https://youtu.be/wTXogr2iWZU
Webinar: World IP Day - Access to Medicine, Compulsory Licensing and Protection of Patent Rights
Access to vaccine and patent rights have never been more important and debatable. This year Gün + Partners would like to celebrate World IP Day focusing on this delicate topic and sharing insights from practitioners Aysel Korkmaz Yatkın, Selin Sinem Erciyas of Gün + Partners and Camilla Balleny of Carpmaels & Ransford.
Mehmet Gün Is Listed in IAM Strategy 300 Global Leaders 2021
Mehmet Gün, our founding partner, is listed in IAM Strategy 300 Global Leaders 2021. The first ever edition of the guide draws from the worlds of private practice, consulting and other service providers, with specialists from the major IP markets in North America, Europe and Asia. https://www.iam-media.com/strategy-300-global-leaders-all-individuals
Begüm Yavuzdoğan Okumuş Spoke at Hacettepe Law Club's "IT and Law Conference"
Begüm Yavuzdoğan Okumuş, managing assocaite in our data protection and privacy practice, spoke on evaluation of data breaches within the scope of KVKK and GDPR.
Görkem Bilgin and Yalçın Umut Talay Shared Their Experiences at TOBB University of Economics and Technology
Görkem Bilgin and Yalçın Umut Talay attended a lecture on "Mergers & Acquisitions" in the "Commercial Law" module within the Cooperative Education Program at TOBB University of Economics and Technology and shared their practical knowledge and experience.
Hande Hançar Is Giving "IP Law" Courses at TOBB University of Economics & Technology
Hande Hançar, partner in our IP practice, is giving "IP Law" courses at TOBB University of Economics & Technology, Faculty of Law as a visiting lecturer during 2020-2021 academic year.
Hande Hançar Moderated Global Advertising Lawyers Alliance Webinar
Hande Hançar, partner in our TMT practice, moderated the "Misleading Health Claims & COVID-19" webinar organized by the Global Advertising Lawyers Alliance on Wednesday, Nov 18 at 13:00 - 14:00 (GMT-5) [21:00 - 22:00 (GMT+3, Istanbul time)]. Kristen Klesh from Venable LLP (USA), Irena Lisková from Randl Partners (Czech Republic), Renata Fialho de Oliveira from Veirano Advogados (Brazil), and Sharad Vadehra from Kan & Krishme (India) were the speakers.…
Gün + Partners Received the WWL Award
We are honoured our firm has been awarded the "Who’s Who Legal Country Firm of the Year Award for Turkey" for the 4th consecutive years in 2020. Who’s Who Legal says: "Following thousands of interviews conducted and nominations received, our research has emphatically identified you as standing apart from all other firms in the country this year. The accolade is therefore richly deserved." https://whoswholegal.com/awards/2020-country-and-state-awards
Uğur Aktekin Spoke at the IBA (International Bar Association) 2020 - Virtually Together Conference
Uğur Aktekin, co-chair of our intellectual property practice, spoke at the "Around the tables: a taste of hot topics in the Intellectual Property, Communications and Technology Section" session of IBA (International Bar Association) 2020 - Virtually Together Conference on NOV 2, 16:00-18:00 GMT. https://www.int-bar.org/Conferences/1094/ProgrammeSearch/Results/Detail.cfm?FunctionGuid=14062845-C7AB-4BFA-8ABB-3BD6D71E1C42&Search=SearchAllFunctions