Insights
Changes to Minimum Wage, Severance Payments and Administrative Fines in 2023
At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. This article provides an overview of the 2023 changes, which came into effect on 1 January 2023. Minimum wage In 2022 the monthly minimum wage rate was 5,004 Turkish liras (gross), which was increased to 6,471 Turkish liras (gross) as of 1 July 2022. As of 1 January 2023, this has increased to 10,008 Turkish liras (gross). The minimum wage… »
Turkey's New Trademark Revocation System: Administrative Changes Effective January 2024
Administrative revocation will be possible before the Office as of 10 January 2024. According to Article 9 of the Industrial Property Law No. 6769 (“IPL”), if a trademark is not used in five years as of its registration date or its use is suspended for a consecutive period of five years; it will be vulnerable to revocation due to non-use. Revocation of trademarks based on non-use were traditionally filed as a court action before the specialized IP courts under the previous… »
EUROPATENT Case Considers Re-examination and Evaluation Board’s Discretion to Examine Absolute Grounds for Refusal
This long-running case went all the way to the Court of Cassation The Trademarks Department had partially refused the application for EUROPATENT on the grounds of descriptiveness and lack of distinctiveness; the board then decided ex officio to refuse the application for all the services applied for, citing additional grounds for refusal The case was analysed under the provisions of the now-repealed Decree Law No 556, which was in force at the relevant date Absolute… »
The Decision Of The Constitutional Court On The Administrative Fine Imposed By The Personal Data Protection Board
The Constitutional Court in its decision dated 12.10.2023 and numbered 2020/7518, published in the Official Gazette dated 15.12.2023, determined that the deficiencies in the proceedings against the administrative fine imposed by the Personal Data Protection Board (the “Board”) on a global hotel chain (the “Applicant”), in which the Board determined to have violated its obligations to ensure data security, violated the Applicant’s right to property. Within this framework, the… »
PTO Prepares for Administrative Revocation of Trademarks
Article 26 of the Industrial Property Code, which grants the PTO the authority to revoke trademarks, will come into force on 10 January 2024 The PTO has recently released a draft regulation for comment The draft regulation includes procedural details on how revocation requests will be made before the PTO Background The Industrial Property Code No 6769 (IP Code), which entered into force on 10 January 2017, provides that the Turkish Patent and Trademark Office (PTO) has… »
Determination of Royalty in Case of Compulsory License
The institution of “compulsory licensing”, which is regulated firstly in Article 99 of the repealed Decree-Law No. 551 and then, under Article 129 et seq. of the Industrial Property Law (“the IP Code”) in force, as a reflection of TRIPS Article 31, has not been needed to be implemented for long years in our country [Turkey]. However, with the outbreak of the COVID-19 pandemic, it has suddenly gained popularity since it is regarded as a “convenient” tool for abrogating patent… »
Declaration on Use of Patent and Compulsory License
The new IP Codenumbered 6769 abolished the provisions on “the use requirement of patents” and “the evidence of use” of the Decree-Law About the Protection of Patent Rights. The IP Code now focuses on the requirements of use for patents within the provision of a Compulsory License. Accordingly, a patent owner must use the patented invention within three years following the publication of its granted decision in the Official Bulletin (‘the Bulletin’) or within four years from… »
Similarity of Short Trademarks: Patent and Trademark Office Deviates From Practice in Groundbreaking Decision
Minor alterations were previously considered sufficient for consumers to distinguish between short marks The PTO recently held that the word mark M + PLUS was similar to the opponent’s series of earlier M marks The office diverged from standard practice in a decision that focused on the overall impression made by the marks on consumers Background When the Turkish Patent and Trademark Office assesses whether two signs are confusingly similar under Article 6/1 of the… »
New Law on E-Commerce Obliges Platforms to Remove Infringing Content
A new law (No 7416) regarding e-commerce ― announced in the Official Gazette dated 7 July 2022, and coming into effect 1January 2023 ― will oblige sites to take down a product if they receive a legitimate complaint arguing that there is a violation ofintellectual and industrial property rights on their platform. The basic regulation concerning the responsibilities of e-commerce sites regarding the content that they host was included inLaw 5651 on the Regulation of Internet… »
Turkish IP Office Rules on Similarity of Figurative Marks: Timberland’s Tree Emblem
Timberland is one of the most famous and prestigious footwear brands, especially known by its original waterproof ‘yellow’ boots, which have defined the brand since their invention in 1973. Timberland is also the owner of the tree device mark shown below, which is broadly used on its products, including footwear and apparel, as well as on any kind of promotional material of the company. Due to the value and good reputation of the brand, not only the design of the yellow… »
Recent Developments Within The Turkish Patent And Trademark Office
Service by publication has come into effect Turkish Patent and Trademark Office put discussions over well-known trade mark registry on its agenda Turkish Patent and Trademark Office’s official website was updated Service by publication has come into effect Notification procedure was a significant issue at the Turkish Patent and Trademark Office (Office) since it not only causes delays in the application processes but also affects the IP right holders using their rights.… »
Creative and Innovative Women on the Stage on World Intellectual Property Day!
World Intellectual Property Day is celebrated every year to raise awareness on intellectual property on 26 April which is the establishment date of the World Intellectual Property Organization (WIPO) and this year’s theme is creative and innovative women. The importance of gender equality is apparent in the field of intellectual property, as it is in every field. Throughout history, women made undeniable contributions to science, art and technology despite all difficulties… »
News and Events
Mehmet Gün and Pelin Baysal to speak in Turkish-Ukrainian Infrastructure Forum
"Mehmet Gün, our founding partner and Pelin Baysal, co-chair of our dispute management practice will be panellists at ""Turkish-Ukrainian Infrastructure Forum: Creating Opportunities Together"" on November 13 at Fairmont Grand Hotel, Kyiv, Ukraine, organized by our firm Gün + Partners together with Ukrainian Arbitration Association (UAA), International Turkish Ukrainian Businessmen Association (TUID) and Integrites. Click below for…
Beril Yayla Sapan and Edanur Atlı Introduced Gün + Partners at Bilkent University’s 10th Law Students Forum
Our lawyers Beril Yayla Sapan, partner and a graduate of Bilkent University Faculty of Law, and Edanur Atlı attended the 10th Law Students Forum organized by Bilkent University Career in Law Club on Sunday, February 27, and introduced our office.
Mehmet Gün Spoke at the Better Justice Association Conference
Mehmet Gün, president of Better Justice Association, spoke on the the innovative solutions they developed for the judicial system of Turkey at the "Turkish Judicial Reform A to Z" Conference.
Baran Güney Will Talk at “Evolving Regulation of the Use of Consumer Reviews” webinar by International Advertising Association
Consumer reviews have become an important part of the advertising ecosystem and these reviews can be very influential to potential customers when they are making a purchasing decision. Marketers use reviews in advertising, they host reviews on their websites, they encourage consumers to post reviews on other sites, and some even try to prevent customers from posting negative reviews at all. “Evolving Regulation of the Use of Consumer Reviews” webinar by International…
IAM Patent 1000 - The World's Leading Patent Professionals Rankings 2022 Announced
The 2022 edition of the IAM Patent 1000: The World’s Leading Patent Professionals has been released online.We are proud to announce that we have been recognised as the top tier firm and our 6 practitioners are recognized as the leading individuals in the IAM Patent 1000 - The World's Leading Patent Professionals 2022. The guide is the definitive resource for those seeking to identify world-class individual and firm-wide private practice patent expertise.
Dicle Doğan Met with University Students at Istanbul Bilgi University 21st Career Days in Law
Dicle Doğan, managing associate in our life sciences and intellectual property practices, represented Gün + Partners at the 21st Career in Law Days organized by Istanbul Bilgi University Faculty of Law. Dicle Doğan met with university students, talked about career opportunities, employee experience, operating models of our practice areas, and responded to students’ questions.
Burcu Sucuka Is Outlining the Use of a Patent and Declaration of Use in Turkey
The use requirements in Turkey and submitting evidence for proving the use of a patent are the subjects about which we receive questions from our clients the most. In our video, Burcu Sucuka is outlining the use of a patent and declaration of use in Turkey. Further details are available in our thought leadership paper. https://gun.av.tr/thought-leadership/patent-law-in-turkey-key-developments-and-predictions-2021
Our IP Partners Are Listed in WIPR Leaders 2021
Mehmet Gün, Aysel Korkmaz Yatkın, Güldeniz Doğan Alkan and Uğur Aktekin, partners in our intellectual property practice, are listed in the WIPR Leaders 2021 from Turkey. The guide profiles the leading IP executives across the world. The handbook lists over 1,700 lawyers across patent, trademark, and copyright practices after a four month nomination period in which they sought views from 12,000 IP professionals. In order to reach the WIPR Leaders 2021 please click here.
Announcement of 2021 Lawyer Promotions
We are pleased to announce the promotions of Begüm Soydan and Direnç Bada as our new senior associates. https://gun.av.tr/people
Hande Hançar Is Giving "IP Law" Course at TOBB University during 2020-2021 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 2020-2021 academic year Fall semester.
Baran Güney to Speak at the Sectoral Orienteering Event
Baran Güney, senior associate in our TMT practice, will evaluate the legal framework of Advertisements on Social Media at the Sectoral Orienteering event organized by Özyeğin University. https://so.ozyegin.edu.tr/tr/so22-bahar
Dicle Doğan Has Been Listed Among Euromoney Expert Guides - Rising Stars 2022
We are delighted to see Dicle Doğan, managing associate in our life sciences practice, has been listed among Euromoney Expert Guides - Rising Stars 2022. Expert Guides identifies the world’s leading lawyers, advisers and legal practitioners based on extensive peer review. https://www.iflr1000.com/NewsAndAnalysis/Expert-Guides-Rising-Stars-2022/Index/13724