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 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… »
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… »
News and Events
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
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.