Insights
Turkey's Position on Non-Fungible Tokens
Introduction On 20 September 2017, the term “NFT” (non-fungible token) was officially coined by Dapper Labs Chief Technology Officer Dete Shirley in the form of the ERC-721 standard. NFTs boomed in 2021 and have remained relevant since. Despite the drops observed in their market volume in 2023, NFTs are still in the spotlight as numerous global brands are continuing to launch NFT collections and many trademark applications with coverage including NFTs are being filed all… »
Obligation to Open and Register a Website
Pursuant to Article 1524 of the Turkish Commercial Code (the "TCC"), joint stock and limited liability companies that are subject to independent audit (for detailed information on which companies are subject to independent audit please click here to access our article on the subject) are required to open a website within 3 months following the date of their incorporations in the trade registry or the date of entry into force of this obligation, and to devote a certain portion… »
Current Discussions for Processing of Personal Data in Insurance Sector
The Law on Protection of Personal Data No. 6698 (the “DPL”) has entered into force on April 7, 2016 in Turkiye to (i) protect the fundamental rights and freedoms, particularly the protection of private life, in processing of personal data and (ii) regulate the obligations and principles and procedures to be followed by real and legal persons processing personal data. The DPL is applicable to all real persons whose personal data are processed as well as real and legal entities… »
Developments Regarding the Renting of Residential Places for Tourism Purposes
The Law No. 7464 on the Renting of Residential Places for Tourism Purposes and Amendments to Certain Laws (the "Law") was published in the Official Gazette on November 2, 2023. The Law regulates in detail the conditions for renting residential places up to 100 days and the obligations of those who rent their premises for short terms for tourism purposes. The relevant provisions of the Law will come into force on January 1, 2024. Considering that short-term rental activities… »
Eco-Friendly Advertisements!
When you watch the commercials, do you often feel like advertising companies are working hard to convince you that their products or services are “eco”, “environmentally friendly”, “nature friendly”, “green” and “recyclable”? Does environmentally-friendly feature of a product have any impact on your preference to purchase or use it? In fact, are we yet at the end of an era of advertising products that are not “green” enough but promoted to be “green”? The “green advertising”… »
Conditions for Pharmaceutical Exporters Other than Pharmaceutical Warehouses is Published
On 29 December 2023, the Turkish Medicines and Medical Devices Agency (“Agency”) has published Guidelines on the Conditions for Pharmaceutical Export Made by Companies Other than Pharmaceutical Warehouses (the “Guidelines”). The Guidelines has been prepared in order to ensure the shipment and export of pharmaceutical products and dietary foods for special medical purpose in compliance with national and international standards, while protecting public health. The Guidelines… »
What Copyright and Trademark Owners Should Know About the Approach to NFTs in the Republic of Türkiye
Non-fungible tokens (NFTs) have grown in popularity since first entering public consciousness in 2021. They are digital tokens and may represent unique—virtual or real-world—items including songs, artworks, GIFs, virtual game items, videos, and cartoons. NFTs are created using blockchain technology and primarily operate within Ethereum, a blockchain platform with automated (smart) transactions. NTFs cannot be exchanged or replaced. The NFT is technically not the asset… »
Advertisement Board Issued New Principles for Preventing Misleading Loyalty Programs
The Advertisement Board ("Board") amended the "Guideline on Advertisements Containing Price Information, Discount Sale Advertisements and Commercial Practices" ("Guideline") in its meeting dated 09.01.2024 and numbered 341, introduced new principles for loyalty programs. Loyalty programs are generally defined as practices that allow consumers to collect points towards future purchases. The Board has observed that loyalty programs have recently turned into a discount sales… »
Guidelines on Medical Device Meetings Has Been Updated
On 4 January 2024, the Turkish Medicines and Medical Devices Agency (“Agency”) announced on its official website that the Guidelines on Scientific Meetings and Educational Events to be Held within the Scope of the Regulation on the Sales, Advertisement and Promotion of Medical Devices (“Guidelines”) has been updated. Within the scope of the update, only in the third paragraph of Article 9 of the Guidelines, which came into force on 04 January 2024, the following issues have… »
Alternative Dispute Resolution System for Disputes Arising From ‘.tr’ Extended Domain Names in Türkiye
Overview On 14 September 2022, TRABIS (‘.tr’ Network Information System) took over the management of ‘.tr’ extended domain names with the Regulation coming into force in Türkiye. According to the Regulation, domain names can be allocated as documented or undocumented. Undocumented allocation is carried out within the framework of the ‘first come, first served’ rule. This rule is applied to domain names with the most commonly used extensions such as ‘.com.tr’, ‘.org.tr’… »
Global Patent Litigation 2023, Turkey Chapter
Özge Atılgan Karakulak, Selin Sinem Erciyas and Zeynep Çağla Üstün have contributed to 2023 edition of Global Patent Litigation: Strategy & Practice - Turkey Chapter, which is published by Wolters Kluwer. “Global Patent Litigation: Strategy & Practice” is a resource that provides reliable descriptions of the patent laws for key countries along with insights into successful strategies to avoid, defend, or pursue litigation in each jurisdiction. Every chapter is updated… »
Processing of Personal Data without Consent as Expressly Stipulated by Laws
On February 12, 2024, the Personal Data Protection Authority ("Authority") published an Information Note on the Personal Data Processing Based on the Legal Reason Applicable to Processing Required for the Laws ("Information Note") and made assessments under Turkish law and EU law regarding the processing of personal data in cases stipulated by laws. Although the Information Note mostly includes general scholar explanations from Turkish law and EU law perspectives, we would… »
News and Events
Özge Atılgan Karakulak and Selin Sinem Yalıncaklı spoke on in MIP International Patent Forum 2019
Özge Karakulak and Selin Sinem Erciyas, partners in our Patents & Utility Models and Life Sciences practices, shared recent developments in Turkey on use requirement and compulsory license and patent enforcement in government's alternative supply methods at MIP-International Patent Forum 2019 in London on Mar 7. http://www.managingip.com/stub.aspx?stubid=34820
Hande Hançar to be panelist at 3rd Annual Advertising Law in the United States & Around the Globe Seminar
"Hande Hançar Çelik, partner and co-chair of our TMT practice, will be the panellist of ""Launching a Global Advertising Campaign"" panel, at 3rd Annual Advertising Law in the United States & Around the Globe Seminar which will be held in conjunction with Global Advertising Lawyers Alliance's Annual Meeting in New York, USA on March 21-22, 2019. For more details please see:…
Özge Karakulak moderated licensing, pricing and reimbursement processes panel
İlaç, Tıbbi Cihaz ve Sağlık Hukuku ve Patent ve Faydalı Modeller çalışma alanları ortak avukatımız @ÖZGE KARAKULAK moderatörlüğünde @Uluslararası Şeffaflık Derneği (Transparency International Turkey) tarafından 27 Şubat’ta düzenlenen İlaç Sektörü İş Birliği Programı – “Ruhsatlandırma, Fiyatlandırma ve Geri Ödeme Süreçleri” panelinde Funda Ekincioğlu, Dr. Sami Türkoğlu, Fatih Sarıöz ve Erkan Tetik tecrübelerini ve ileriye dönük çözüm önerilerini paylaştı.…
Our new senior associates announcement
"We are pleased to announce the promotions of Ilgaz Önder, İrem Girenes Yücesoy and Umut Tahiroğulları as our new senior associates. Ilgaz Önder, İrem Girenes Yücesoy ve Umut Tahiroğulları'nın kıdemli avukat olarak atandığını duyurmaktan mutluyuz. https://gun.av.tr/our-team/"
Gün + Partners World Intellectual Property Day event invitation
"World Intellectual Property Day You are cordially invited to our World Intellectual Property Day event on April 26 in İstanbul."
Hande Hançar spoke about Turkish advertising regulation
"At 3rd Annual Advertising Law in the United States & Around the Globe Seminar, panellists discussed about legal issues when launching a global advertising campaign. Hande Hançar Çelik, partner and co-chair of our TMT practice, gave tips about the Turkish advertising regulation during the event held in conjunction with Global Advertising Lawyers Alliance's Annual Meeting in New York, USA on March 21-22, 2019. https://gun.av.tr/cv/hande-hancar-celik/"
Özge Atılgan Karakulak will make the opening speech of The Annual IBA World Life Sciences Conference 2019
"Our partner Özge Atılgan Karakulak will make the opening speech as a co-chair of The Annual IBA World Life Sciences Conference (WLSC) 2019. The Life Sciences sector is deeply evolving, with many legal challenges. The IBA WLSC gathers more and more members every year and the 2019 conference will again be the occasion to share views and knowledge, enhance initiatives and contribute to valuing our constantly evolving legal practice on the field.…
Our theme for our World Intellectual Property Day event is “Women in IP, from Creation to Protection of Rights”.
We have set the theme for our World Intellectual Property Day event as “Women in IP, from Creation to Protection of Rights” to encourage participation of women in IP system in respect of innovation, creativity and protection of rights in Turkey. The event was opened with a speech of Professor Rana Sanyal, a scientist and entrepreneur. Our lawyers and world-renowned local and foreign speakers addressed the latest developments in IP law during the panels focused on…
Özge Atılgan Karakulak made the opening speech of IBA World Life Sciences Conference 2019
Özge Atılgan Karakulak, chair of our Life Sciences practice and vice chair of the IBA Intellectual Property and Entertainment Law Committee, co-chaired IBA 7th Annual World Life Sciences Conference, held in Philadelphia, USA. https://www.ibanet.org/Conferences/conf956.aspx
Hande Hançar, TÜRKONFED KOBİ’ler için Gümrük Birliği Projesi Açılış Etkinliği'nde konuşmacı oldu
Ortak avukatımız ve Daha İyi Yargı Derneği yönetim kurulu üyesi Hande Hançar Çelik, TÜRKONFED - Turkish Enterprise and Business Confederation tarafından düzenlenen KOBİ’ler için Gümrük Birliği Projesi açılış etkinliğine panelist olarak katıldı. Türkiye'nin mevcut Gümrük Birliği anlaşmasında Avrupa Birliği ile arasındaki anlaşmazlıkları nasıl çözdüğü, dünyadan ilgili örnekleri ve anlaşmanın güncellenmesi halinde bu anlaşmazlıkların nasıl ele alınacağı hakkında görüşlerini…
Mehmet Gün, Uğur Aktekin, and Özge Karakulak have been listed in IAM Strategy 300
"Congratulations to Mehmet Gün, our founding partner, Uğur Aktekin and Özge Atılgan Karakulak, co-chairs of our Intellectual Property Practice, for being listed in IAM Strategy 300 – The World’s Leading IP Strategists. https://www.iam-media.com/search?search=g%C3%BCn+%2B+partners&order=&directories%5B%5D=4 "
Mehmet Gün gave an interview to InterContinental Finance & Law Magazine
"Mehmet Gün gave an interview to InterContinental Finance & Law Magazine about our firm and his role in the firm as founder. Click below to read the inverview: https://gun.av.tr/intercontinental-finance-law-magazine/"