Insights
The Relationship Between Virtual and Physical Goods and Services
The development of NFTs, artificial intelligence, and the metaverse has seen many individuals and legal entities start to include virtual goods and services within the scope of their trademarks. Discussions have been widely held about whether virtual goods and services are similar to physical goods and services and under which class these goods and services should be included in the Nice Classification, and the following developments have taken place in this regard. In a… »
It’s Time for Administrative Revocation of Trademarks!
Before the Industrial Property Law (“IP Code”) no. 6769 entered into force on January 10, 2017, procedures related to trademark rights were governed by the former Decree Law no. 556 on the Protection of Trademarks (“Decree Law”). While revocation of trademarks is dealt with by both pieces of legislation, the introduction of the IPL brings a major change to Turkish Trademark Law, stating that requests for revocation of trademarks must be filed with the Turkish Patent and… »
Can Trade Names Lead to Trademark Infringement in Turkey?
There are questions concerning whether a trade name or business name can constitute trademark infringement and unfair competition, particularly in cases where the trade name is not used as a trademark. This criticism has been disputed under both the Decree Law No. 556 Pertaining to Protection of Trademarks and the Industrial Property Code (“IP Code”)[1]. The Courts has made numerous decisions regarding this topic. The issue was discussed in the decision dated 08 February… »
The Use Criteria For The Recognition of Vested Right Claim Based on a Prior Trademark
In its decision dated 21.12.2022 and numbered 2021/5302 E.(Merits), 2022/9311 K.(Decision), the 11th Civil Chamber of the Court of Cassation upheld the Regional Court of Appeal’s decision regarding a refiled trademark application that because the plaintiff could not prove genuine use in class 44, a vested right in the plaintiff’s favor over the “M…” trademark was not constituted. On June 07, 2013, a trademark application was filed for the registration of the trademark “M…” in… »
Trademark Filing History May Result in Finding of Bad Faith Under Turkish Law
It is widely accepted in the literature[1] and decisions of the Court of Cassation[2] (“CoC”) that an applicant's attempt to create a trademark portfolio by trying to register other well-known trademarks can be sufficient to constitute proof of bad faith. In this context, first instance courts and regional courts of appeals will examine the applicant's other trademark applications and might accept that the registration of the disputed trademark was attempted in bad faith… »
Overview of Turkish IP Protection: Navigating Challenges
Turkish IP legislation is mostly in compliance with EU legislation. With the adoption of IP Code No. 6769 back in 2017, it is fair to say that legislation regarding trademarks, designs and patents is in line with international norms and standards. While the legal framework provides a solid foundation for IP rights protection, practical obstacles persist, revealing the need for further improvements. A significant challenge has been the limited specialized knowledge among… »
Sanal Moda
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”… »
News and Events
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/"
Gün + Partners has been shortlisted in The Law Society 2019 Excellence Awards
We are pleased to be shortlisted in the Excellence in International Legal Services category by The Law Society 2019 Excellence Awards. The award recognises law firms with an innovative approach to the delivery of legal services in the international era.https://www.lawsociety.org.uk/support-services/events/excellence-awards/shortlist/
Hande Hançar Is Giving "IP Law" Course at TOBB University during 2022-2023 Academic Year
Hande Hançar, partner in our IP practice, is giving "IP Law" course at TOBB University of Economy & Technology, Faculty of Law as a visiting lecturer during 2022-2023 academic year Fall semester.
Gün + Partners Has Been Awarded as "Firm of the Year - Turkey" in 2021 by Who’s Who Legal
We are honoured our firm has been awarded as "Firm of the Year - Turkey” for the 5th consecutive years in 2021 by Who’s Who Legal. WWL recognises individual practitioners who received the highest number of nominations from peers, corporate counsels and other market sources, and also awards the individuals and firms that have performed exceptionally well in their research. https://whoswholegal.com/awards/2021-country-and-state-awards
IAPP Istanbul KnowledgeNet Chapter Webinar 2022
Begüm Yavuzdoğan Okumuş, partner in our data protection and privacy practice, had a discussion on the data transfer abroad and the effects of the Schrems II decision in cross-border data transfers with Şehriban İpek Aşıkoğlu at the Virtual Istanbul KnowledgeNet Webinar by IAPP Istanbul KnowledgeNet Chapter. Please click here for more details.
We are attending the IBA Annual Conference in Seoul
Our partners Özge Atılgan Karakulak, vice chair of IBA IP and Entertainment Law Committee, Pelin Baysal, former secretary of IBA Insurance Committee, and Ozan Karaduman, will be attending the IBA Annual Conference 2019 in Seoul from 22nd to 27th of Sep 2019. Please contact gun@gun.av.tr if you wish to meet with them. https://www.ibanet.org/Conferences/Seoul-2019.aspx
Maral Büyükkürkçü and Zeynep Çağla Üstün Are Listed as Rising Star by Euromoney's MIP IP STARS 2021
Maral Büyükkürkçü and Zeynep Çağla Üstün, senior associates in our intellectual property practice, are listed among rising 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/Firm/Gun-Partners/Profile/101593#lawyers
June 8th is World Anti-Counterfeiting Day!
In an ideal world, we would not need to dedicate a day to a crime – but today is all about raising awareness about counterfeits and celebrating the ones fighting for a safer world. We operate in a jurisdiction which is notorious for counterfeits and we do our best to protect the brands of our clients both online and offline, all around Turkey and also at the customs. For tailoring the best approach and obtaining the best outcome, we leverage other measures available to us…
We Are Proud to Be Recognized as a Leading Data Firm by GDR 100 2023
We are proud to be listed among the GDR 100 2023 The world's leading data law firms. The GDR 100 is the only global ranking that captures the capabilities, track record and market reputation of the leading firms in the field. The ranking examines not only law firms' privacy and data protection capabilities, but also their work on all other kinds of data law. GDR considers data localisation, B2B disputes about data acquisition and breach responsibility, antitrust, the use of…
Webinar: World IP Day - Top Patent Cases of the year 2020 in Turkey and UK Perspective
Aysel Korkmaz Yatkın and Selin Sinem Erciyas from Gün + Partners and Aida Tohala from Bristows discussed the top patent cases of 2020 in Turkey and UK perspective and case law about the same. https://youtu.be/7ZZC1XSTNyk
Özge Atılgan Karakulak Listed in Top 250 Women in IP
Özge Atılgan Karakulak, partner in our life sciences and patent and utility models practices, is listed in Top 250 Women in IP 2021 by Euromoney's Managing IP. The publication recognises 250 senior female IP practitioners in private practice who have performed exceptionally for their clients and firms in the past year.
INTA Pre-Annual Meeting Reception 2022
This reception is planned exclusively for you and your colleagues to learn more about INTA’s upcoming 2022 Annual Meeting Live+. Feel free to bring a friend, colleague, or prospective member to find out more about this year's educational program, Business Development offerings, and more. Plus, learn about all the benefits of being or becoming an INTA member!