Insights
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… »
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… »
News and Events
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.
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