Insights
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… »
Green Or Simply Greenwashing?
Advertisers frequently integrate environmental claims into their advertisements and promotions to portray their products and services as eco-friendly or green, and to shape consumers’ perception as to their positive environmental impact. This is particularly influenced by the growing environmental consciousness among consumers and advertisers. However, to prevent advertisements that may be false and misleading to consumers, or which exploit their environmental sensitivity… »
Boundaries of Competition in Labor Markets: An Analysis in Terms of No-Poaching Agreements and Ancillary Restraints Defense
The consecutive investigations initiated by the Competition Board ("Board") due to competition violations in labor markets, with the first one in 2021, have stirred significant attention. Following the investigations concerning 32 undertakings, primarily consisting of innovation-based technology companies, which resulted in substantial administrative fines imposed on some of the undertakings within the scope of the investigation, the investigations initiated against 19… »
Inventorship of AI and Türkiye’s Position
Artificial intelligence has begun taking over roles normally performed by humans with little difficulty, including the act of inventing. As a result, debates on whether artificial intelligence can be the owner of an invention have emerged across the global and are likely to open many novel discussions. The debate on whether an artificial intelligence system can be an inventor began after the development of DABUS, the artificial intelligence system developed by Dr. Stephen… »
EU Pharmaceutical Package - EU Pharmaceutical Legislative Reform and its Impact on Türkiye
On 26 April 2023, the European Commission (the “Commission”) adopted a proposal for a new Directive and Regulation (the “Proposal”) which revise and replace the existing general pharmaceutical legislation. The proposal adopted by the Commission replaces the existing general pharmaceutical legislation (Regulation 726/2004 and Directive 2001/83/EC) and the legislation on pharmaceuticals for children and rare diseases (Regulation 1901/2006 and Regulation 141/2000/EC… »
News and Events
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
Mehmet Gün Recognized as Litigation Star of 2021 by Benchmark Litigation
Mehmet Gün, our founding partner, is recognized as the litigation star of 2021 in Turkey by Euromoney's Benchmark Litigation. Benchmark Litigation recognises the most distinguished law firms and lawyers for their dispute resolution work over the past 12 months. https://benchmarklitigation.com/Firm/Gun-Partners/Profile/101593#lawyers
We Are the "Firm of the Year" by Managing IP EMEA Awards 2021
We are honored to have been selected as the "Firm of the Year" in "Trademark" and "Patent" categories in Turkey by Managing Intellectual Property EMEA Awards 2021 which are presented to firms, individuals and companies behind the most innovative and challenging IP work of the past year, as well as those driving the international IP market.
Uğur Aktekin Talked About His INTA Career on INTA Bulletin's March Edition
Our partner Uğur Aktekin has been featured at the "Volunteer Spotlight" section of INTA Bulletin's March edition, where he talked about the highlights of his INTA career. To see the interview conducted by Ceren Aytekin please see https://bit.ly/3u8Bm2z