Insights
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… »
Fending Off Tactical Patent Invalidation Actions
Filing patent invalidation actions for tactical purposes, such as jeopardizing patent infringement actions of patent owners and gaining time by complicating the infringement proceedings, has become a common strategy of infringers in recent years. With this strategy, the parties infringing the patent may cause the patent owner to suffer due to the inability to enforce their patent as they are entitled to during the limited protection period of 20 years, even if the invalidity… »
SEP: Navigating the Technology-Driven World
Standard-Essential Patents (SEPs) is a concept arising from the interaction between patent rights, which provide exclusive use of an invention and “standards” aimed at the widespread and mandatory use of this innovation in the relevant market. Considering the upward trend in patent litigation arising from SEPs, it would be fair to say that SEP has become patent law’s new buzzword. Licensing SEPs: FRAND Terms Standard Developing Organisations (“SDOs”) determine the technical… »
A New Slant on the Implementation of the Bolar Exemption in Turkish Patent Law
The Bolar Exemption falls under the provision of Article 85(3)/(c) of the Industrial Property Code No. 6769 (IP Code) and regulates the marketing authorisation of pharmaceuticals, the testing and experiments required for this purpose and the exemption of experimental acts involving the patent subject to the invention from the scope of rights protected by the patent. The aim of the Bolar Exemption is to ensure that Gx pharmaceutical products can be put on the market without… »
News and Events
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
IBA 6th Annual World Life Sciences Conference
This year's event will feature dynamic roundtable session as well as concurrent sessions covering the hottest topics and the latest developments from across the different sectors of the Life Science Industry. We look forward to seeing you in Boston, USA. https://www.ibanet.org/Conferences/conf880.aspx
We attended INTA Annual Meeting
Our delegates attended to International Trademark Association (INTA) Annual Meeting and met with our business partners and clients around the world in Seattle, WA.