Insights
The Role of Informed User and Freedom of Choice in the Assessment of Individual Character of a Design
Design law enables the protection of the appearance of a product. According to the Industrial Property Code (IP Code), a design must be new and have the individual character to obtain design protection. The overall impression produced by it on the informed user and the designer’s degree of freedom in developing the design must be observed to consider whether the design has individual character. While there is a reference to both the degree of freedom of choice and informed… »
IP Rights Also Protect Public Health and Safety
This matter started as an ordinary anti-counterfeiting case after receiving a picture of a fire-resistant glass from a global manufacturer of such products. The logo trademark was simply printed on the glass, and due to several inconsistencies, it was explicitly a fake product. Nevertheless, when it turned out that the fake product was not fire-resistant at all, public health and safety became the major concern besides trademark infringement. After an investigation into the… »
Sanctions on Food Supplement Ads on Social Media
In its meeting dated 14.07.2020 and numbered 299, the Advertisement Board imposed sanctions against the advertisement of a food supplement with the false health claim by various celebrities and ordered to cease the broadcast of food supplement’s advertisement and imposed administrative monetary fine corresponding to 104.781 Turkish Liras against each celebrity who advertised the product on his / her social media page as well as the advertiser. The Advertisement Board examined… »
Coronavirus Related Health Claims
After the first COVID-19 case encounter in our country, the advertisements of the food supplements and foods with health claims and nutrition claims have increased. The said products have been advertised and promoted to consumers on diverse platforms, including TV, radio and online platforms. Competent legal authorities launched investigations since some food supplements advertised are not even authorised for sales, and some made misleading health claims in their advertising.… »
18+ Markings for Products with Rainbow Themes
Advertisement Board, with its highly controversial decision on November 2020; deemed the promotions and the sales of products such as t-shirts, sweatshirts, coffee mugs, phone cases, beach towels offered for sale on various e-commerce sites with expressions ”normal”, “LGBT”, “LGBT Power”, “Equality, Bisexual, Freedom, Lesbian, Gay, Love is Love, Homosexual”, LGBT Relationship”, “Love is Love”, “Pride”, “Peace”, “Love is Love”, and rainbow themes without +18 markings against… »
Influencer Marketing and Social Media Influencers
In Turkey, until recently, there were no special provisions, laws, regulations or self-regulating rules relating to advertising through social media. In this respect, general advertising rules and principles were to apply. The control and supervision of advertisements on social media were also subject to the laws, regulations and provisions which apply to advertisements conducted through other media channels. It was considered that the advertisements published on social media… »
Seeking Information on Pending MA Applications Is Lawful According to Administrative Court
As per article 9 of the Regulation on Licencing, which regulates “Abridged Application”, if a pharmaceutical has been licenced before, it is not necessary to repeat the tests and research and the data of these tests doesn’t have to be submitted for licencing again, only referencing to the licence information of the pharmaceutical that is pre-licenced is sufficient. However, due to the obligation of the product which is subject to the reference application must be basically… »
Changes to Minimum Wage, Severance Payments and Administrative Fines for 2022
At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. On 1 January 2022, the changes for 2022 came into effect. Minimum wage In 2021 the monthly minimum wage rate was TRY3,577.50 (gross). As of 1 January 2022, this has increased to TRY5,004.00 (gross). The new rate applies from 1 January 2022 to 31 December 2022. The minimum wage applies to all employees, regardless of age, industry and… »
Defamation in Advertisements
The Advertisement Board, rendered in its decision in the last month of 2020, proving its sensitivity towards Turkish cuisine and food culture, ruled that advertisements for a canned seafood product to be permanently suspended. In the advertisement broadcasted on television channels and social media accounts of the advertiser, the couple who would like to dine out is on the street with various restaurants selling food from Turkish cuisine. However, the non-hygienic attitude of… »
Unfair Price Assessment Board
During the COVID-19 outbreak, some entities exorbitantly increased the prices of masks, disinfectants, colognes, wet wipes and foodstuff against the standards of professional care in contrast with the normal functioning of the market and in a way that is negatively affecting the usual purchasing behaviour of the consumers. By taking the exorbitant price increases into account, an additional article titled “Exorbitant price increase, stockpiling and Unfair Price Assessment… »
Sanctions against Unfair Price Increases
Due to the rapid expansion of the COVID-19 pandemic in Turkey and worldwide, demand for protective masks, sanitisers, cleaning products and foodstuff significantly increased. Some companies exorbitantly and inequitably increased prices of such goods, substances and materials, which the consumers intensively demanded during this outbreak. The Advertisement Board, in March 2020, ordered a decision for suspension of the referred actions and imposition of 10.090.060 Turkish liras… »
The Scope of the Gifts Given Along with Foods
In its decision dated 11.02.2020 and numbered 2019/9931, the Advertisement Board examined a campaign regarding free ice tea coupons accompanying potato chips and the advertisement of the referred products. The Advertisement Board held that the said campaign and the referred advertisements are compliant with the Consumer Protection Law numbered 6502 and the Advertising Regulation and imposed no sanction against these promotions. Shortly after the decision mentioned above, in… »
News and Events
Webinar: The Effects of COVID-19 on Anti-counterfeiting Activities in EMEA Region
The panel came together to discuss the effect of Covid-19 and the respective measures taken in the EMEA region, on the anti-counterfeiting activities. The legal teams at headquarters and local subsidiaries and outside counsels will give an overall perspective based on insights, experiences, threats and opportunities. Moderator: Barış Kalaycı Speakers: Lindsay Sisnett, Hale Büyükbozkurt, Zeynep Seda Alhas Topics: The impacts of COVID-19 to anti-counterfeiting actions in…
Webinar: Legal Impacts of Digitalization in Workplace in Turkey
Filiz Toprak Esin, Begüm Yavuzdoğan Okumuş and Beril Yayla Sapan spoke about legal impacts of digitalization in workplace in Turkey at the webinar co-hosted by Mondaq and Gün + Partners. https://youtu.be/scagFgineho
We Are Proud to Be Ranked in the GDR 100 2021
We are proud to be ranked in the inaugural GDR 100 2021. GDR 100 is the only global ranking that captures the capabilities, track record and market reputation of the leading firms in the field – and the first data law ranking that does not exclusively focus on data protection and privacy. https://globaldatareview.com/survey/gdr-100/2021/article/introducing-the-gdr-100
Uğur Aktekin made the opening speech in FICPI-TÜRKİYE Intellectual Property Seminar
FICPI-TÜRKİYE "Intellectual Property Seminar" held in conjunction with Yaşar University in Izmir. Uğur Aktekin, our partner and president of the FICPI-TÜRKİYE, made the opening speech and on the 2nd panel he shared the stage with Prof. Sevilay Uzunallı and Hüseyin Yılmaz. https://ficpi.org.tr/etkinlikler/
"Turkey's Patent Map" Report by PatentEffect
"Turkey's Patent Map" report, prepared by PatentEffect, makes technological competency assessment of Turkey based on the analysis of local patent data. We are happy to contributing the publication with our insights about key developments and predictions for patent law in Turkey and hope that the report will be useful for development of patent awareness in our country.
Turkey Disputes Summit 2019
Mehmet Gün, our founding partner, made the opening speech and Pelin Baysal, co-chair of our dispute management practice, spoke on the "What should an arbitrator do when counsel fail to fulfil their job?" panel at "Turkey Disputes Summit 2019" organized by Legal500 and ISTA.
Turkey Legal Update November edition published
The November edition of Gün + Partners Turkey Legal Update, which aims to brief our community and clients about legal developments in Turkey, is launching today. This month we provide legal updates on the trends and developments in insurance industry, recent communique on share-based crowdfunding, new regulations with regards to the criminal procedure brought by the judicial reform package, and The New Trademark Examination Guideline recently published by TÜRKPATENT.
"Trademarks and Designs Copyrights Anti-Counterfeiting IP Prosecution"
We are delighted to have been selected as the “Trademark Firm of the Year” in Turkey by Global IP Awards of IAM/WTR, which recognise law and attorney firm excellence in the field of litigation, prosecution and transactional trademark work during 2019.
Talat Yörük was guest in Ellie in de Handel TV program
"Turkey is the third biggest provenance economy of counterfeit goods entering the EU after Hong Kong and China according to the research of EUIPO. Talat Yörük, senior associate in our anti-counterfeiting practice, shared his opinions at the “Ellie in de Handel” TV program on the Netherlands TV channel NPO 3. @Ellie Lust "
Selin Sinem Erciyas is the exclusive winner of Client Choice - intellectual Property – Patents category for Turkey
Congratulations to Selin Sinem Erciyas, partner in our patents and utility models practice, for being the exclusive winner of the Intellectual Property – Patents category for Turkey by Client Choice which recognizes those law firms and partners around the world that stand apart for the excellent client care they provide and the quality of their service.
Our New Lawyers
Selin Bilik, Ayşenur Çıtak and Ahmet Niyazi Ülkü completed their formal internship at our firm and obtained their lawyer licenses.
Our Firm and 5 Lawyers Are Shortlisted for Euromoney Legal Media Group's European Life Sciences Awards 2020
We are honored that our firm and 5 lawyers are shortlisted in 7 categories of Euromoney Legal Media Group's European Life Sciences Awards 2020 from Turkey. The awards highlight the firms, individuals and companies behind the most innovative and challenging Life Sciences legal work of the past year, as well as those driving the international market.