Insights
Latest Developments on Administrative Revocation of Trademarks!
While the relevant article regulating the transfer of authority to examine the requests for revocation of trademarks to the Turkish Patent and Trademark Office (“the Office”) was not yet entered into force and there were still a level of uncertainty concerning the procedure, the first development in this regard took place on October 23, 2023 when the Office published and opened the “Draft Regulation for Amendment of the Regulation on the Implementation of the Industrial… »
Corporate Governance in Türkiye 2024
What are the primary sources of law, regulation and practice relating to corporate governance? Is it mandatory for listed companies to comply with listing rules or do they apply on a ‘comply or explain’ basis? The Turkish Commercial Code (TCC) dated 13 January 2011 (Law No. 6102) entered into force on 1 July 2012. The TCC has important objectives, such as ensuring transparency, adopting corporate governance standards and introducing internationally accepted auditing and… »
The Draft Regulation About Cross-Border Transfer of Personal Data, Turkish Standard Contractual Terms and Binding Corporate Rules Guidelines
Within the framework of the amendments to the Turkish Personal Data Protection Law (the “Law”), which will come into force on 1 June 2024, the draft regulation on cross-border data transfer was being expected and has now published by the Turkish Personal Data Protection Authority (the “DPA”) for commentary from public in general. For consideration of data controllers and data processors, major issues set forth under the draft regulation are as follows: Cross-Border Transfers… »
Update on Legal Interest, Late Payment Fee and Deferment Interest Rates
Legal Interest Rate According to Article 1 of the Law No. 3095 on Legal Interest and Default Interest (“Law No. 3095”), interests to be paid as per Turkish Code of Obligations and Turkish Commercial Code, shall be made at an annual rate of 12%, unless a different contractual rate is agreed. The president is authorized to adjust this rate on a monthly basis, and to reduce it by up to 10% or increase it up to one time. The legal interest rate was 9% since January 1, 2006… »
Constitutional Court Annulled the Sanction for Non-Attendance to Mandatory Mediation
Article 18/A of the Law No. 6325 on Mediation in Civil Disputes ("Mediation Law") stipulates that, should the mediation process end due to one of the party’s failure to attend the first meeting without a valid excuse, that party shall be liable for all litigation costs, regardless of whether they partially or fully succeed in the subsequent lawsuit. In addition to that, no attorney fee shall be awarded to such party. The Constitutional Court recently examined… »
How Turkey Tackles Trademark Applications Infringing Upon Copyrighted Works
We love iconic movies, animated TV series, comics, cartoons, and platform games, and enjoy making them a part of our daily life, perhaps by drinking a cup of coffee with a mug bearing a Hogwarts logo or wearing pyjamas featuring Mickey Mouse. They are not just fictional works but also symbols with a cultural effect and commercial value. This often leads to unauthorised use of the titles and characters of these copyrighted works and any other associated signs, both at a… »
PTO Issues Exemplary Decision Clarifying Concept of ‘Bad Faith’
The PTO has refused an application for MA MONDE FRESHEN UP & SHINE following an opposition by a foreign cosmetics company The fact that the applicant sought to register a sign identical to the opponent’s trademark could not be a mere coincidence The Trademarks Department also considered the opponent’s trademark registrations and usage abroad, as well as the applicant’s bad faith The Trademarks Department has found that the application for MA MONDE FRESHEN UP &… »
Recent Changes Regarding the Determination of Companies Subject to Independent Auditing
The Decision Amending the Decision on Determination of Companies Subject to Independent Auditing ("Amendment Decision") was published in the Official Gazette dated April 6, 2024. The Amendment Decision provides significant changes to the independent auditing thresholds compared to the Decision on Determination of Companies Subject to Independent Auditing, which was put into effect by Presidential Decree No. 6434 and applied until January 1, 2024 ("Decision"). Accordingly… »
European Union Artificial Intelligence Act Approved: What Does It Entail in Terms of Copyrights?
*The Artificial Intelligence (“AI”) Act was approved by the members of the European Parliament on March 13, 2024. Although the AI Act does not include a direct regulation in regard to copyrights, it is seen that the obligations imposed on AI providers in Article 53 are intended to prevent copyright infringements. Generative AI models such as ChatGPT, BERT, LaMDA, DALL-E2, which enable the creation of original content by processing data such as text, image and sound, are now… »
Ban on Foreign Currency Payment in Certain Sale of Goods Contracts Lifted
With the amendment made to the Communiqué on the Decree numbered 32 Regarding the Protection of the Value of the Turkish Currency (the "Communiqué"), effective as of April 21, 2022, for buyers residing in Türkiye, except for vehicle sale contracts, in the event that there is an agreement in the sale of goods contracts that all payments under the contract are to be made in foreign currency or indexed to foreign currency, it was regulated that these obligations must be… »
Turkish Medicines and Medical Devices Agency Published the Industry Report on Medical Devices
On April 4, 2024, the Industry Report on Medical Devices, prepared by the Turkish Medicines and Medical Devices Agency ("Agency") to present the current state of the market together with recent developments in the medical device industry, was published on the Agency’s website. The Industry Report on Medical Devices includes assessments of global developments in the medical device industry, statistical information on the Turkish market, and explanations of the current… »
How to Evaluate Social Responsibility in Advertisements?
The Advertisement Board ("Board") made a striking decision at its meeting on January 9, 2024. The decision is based on the provision of the Regulation on Commercial Advertising and Unfair Commercial Practices ("Regulation") which emphasizes the necessity of taking economic and social responsibility into consideration in advertisements. The decision in question pertains to the introduction of the collection titled “The Jacket” by the global textile giant Zara on their… »
News and Events
Hande Hançar Spoke in IP2017 Conference
Hande Hançar Çelik, partner and co-chair of our TMT practice, has spoken about success story of GlakoLens, developer of contact lens based biosensor technologies, at IP2017 Conference organized by Boğaziçi University in Istanbul, Turkey from Oct 12-13, 2017.
Uğur Aktekin Led FICPI-TÜRKİYE General Assembly Meeting
FICPI-TÜRKİYE general assembly convened at its headquarter for the second time, our partner and president of the FICPI-TÜRKİYE, Uğur Aktekin led the meeting in Istanbul on Mar 09, 2018.
Güldeniz Doğan Alkan and Selin Sinem Erciyas spoke in TOBB University of Economics and Technology career days
Güldeniz Doğan Alkan and Selin Sinem Erciyas, partners in our intellectual property practice, visited TOBB University of Economics and Technology career days to share their experience working as a lawyer in Gün + Partners in Ankara on Mar 05, 2018.
Mehmet Gün will speak in ICC – Turkey Arbitration Day Conference
Mehmet Gün, our founding partner, will speak on “Dispute Resolution in Turkey: Threads and Opportunities” during ICC – Turkey Arbitration Day Conference in İstanbul, Turkey on Feb 09, 2018.
DETTO - Dokuz Eylül Teknoloji Transfer Ofisi
Aysel Korkmaz, managing associate in our intellectual property practice, has spoken on patent protection in pharmaceutical product and second medical use claims, relationship between patent and marketing authorization, and cases during the InventUP Health Program hosted by DETTO - Dokuz Eylül Teknoloji Transfer Ofisi in Izmir, Turkey on Jan 16, 2018.
Selin Sinem Erciyas moderated FICPI - TÜRKİYE roundtable meeting
Selin Sinem Erciyas, partner in our intellectual property practice and vice-president of FICPI - TÜRKİYE, has moderated first roundtable meeting of FICPI - TÜRKİYE in İstanbul, Turkey on Jan 12, 2018.
Gün + Partners have won Who’s Who Legal Country Firm of the Year Award for Turkey 2018
We are delighted to announce our firm has been awarded the Who’s Who Legal Country Firm of the Year Award for Turkey in 2018 once again. http://whoswholegal.com/awards/countrystate/
Özge Atılgan Karakulak has been named as Top 250 Women in IP 2018 by Managing IP
Congratulations to Özge Atılgan Karakulak, chair of our Life Sciences Practice, for being named Top 250 Women in IP 2018 by Managing IP: http://www.managingip.com/Article/3802643/The-Top-250-Women-in-IP-2018.html
Turkey’s New IP Code and Key Changes for Trademarks İstanbul Seminar
Turkey’s New IP Code and Key Changes for Trademarks Seminar was hosted by Gün + Partners in İstanbul on Apr 13, 2018. Uğur Aktekin, Hande Hançar Çelik, Barış Kalaycı and Güldeniz Doğan Alkan, partners in our IP practice shared their experiences.
Legal 500 2019 Rankings Announced
We are proud to have the Top Tier rankings in 5 out of 9 practice areas we are ranked in Turkey The Legal 500 (Legalease) and delighted that 4 of our Partners have been ranked as “Leading Individual” in their fields, with 2 lawyers listed as Next Generation Lawyers.
AIPPI Turkey 5th Intellectual Property Law Seminar
Zeynep Seda Alhas, partner in our intellectual property practice, was part of the Trademark - Design - Artistic Works Mock Trial as a counsel for the defence on during the Sertaç Köksaldı - 5th Intellectual Property Law Seminar hosted by AIPPI Turkey in Istanbul on Apr 06, 2018.
Begüm Yavuzdoğan Okumuş got CIPP/E certification
We congratulate Begüm Yavuzdoğan Okumuş, managing associate in our Corporate and M&A and TMT practices, for becoming Certified Information Privacy Professional Europe (CIPP/E) by the IAPP - International Association of Privacy Professionals. https://lnkd.in/ecAkq-V