Insights
Court of Cassation Decision Shows Importance of Trademark Use to Enjoy Protection Based on ‘Vested Rights’ Principle
In its decision dated 13 February 2024 (No 2022/4962 E (Merits), No 2024/1005 K (Decision)), the 11th Civil Chamber of the Court of Cassation has upheld a Regional Court of Appeal decision confirming a ruling of the Court of First Instance that rejected the plaintiff’s vested rights claims. Background On 11 January 2018 an application was filed for registration of the trademark MONTENT in Classes 35, 38 and 41 by the applicant, who also owned a prior registration for MONTENT… »
Turkish Legislation Offers Various Solutions to Tackle Trademark Squatting
Similar as in other countries, trademark squatting is also a common problem which foreign brands face in Türkiye. Trademark squatting creates challenges for market entry and registration of trademarks for foreign companies, as well as leading to dilution of the original trademark. Although there are steps to be taken to better prevent squatters, the current intellectual property (IP) legislation still has effective tools to protect the rights of foreign trademark owners and… »
What Will be The Fate of The Guarantee Provided For The Preliminary Injunction Decision?
Is the Guarantee Provided for the Preliminary Injunction a Part of the Later Compensation Action Arising from the Unfair Preliminary Injunction? The Code of Civil Procedure (“CCP”) generally regulates the granting of a preliminary injunction in return of a guarantee. However, the focus of this study is on the fate of the guarantee provided for a preliminary injunction in the event that a compensation action is filed after the finalization of the action in which guarantee is… »
Turkish PTO Continues to Protect Copyright Holders Against Infringing Trade Mark Applications in Its New Decision
The Turkish Patent and Trademark Office (PTO) has a broad approach and well-established praxis regarding the protection of copyright holders’ rights on fictional works when characters, titles, and associated signs are used in third-party trademark applications. In its recent decision issued in April, the PTO accepted Paramount Pictures’ opposition filed against the trademark application “Don Carpetto”, as shown below, and rejected the registration of the contested application… »
Data Controllers and Processors’ Turn to Take Actions Now!
The Regulation on Procedures and Principles Regarding the Cross-border Transfer of Personal Data (the “Regulation”) is published in the Official Gazette on 10 July 2024. Additionally, the Personal Data Protection Board (the “Board”) announced the standard contract texts, binding corporate rules application forms and supplementary guidelines about essential issues required to be covered by binding corporate rules. Except for cross-border transfers that are irregular, occur on… »
Recent Changes in the Turkish Commercial Code
With the Law no. 7511 Amending the Turkish Commercial Code and Certain other Laws (the “Amendment Law”), which entered into force after being published in the Official Gazette dated 29.05.2024 numbered 32560, amendments are made primarily to the Turkish Commercial Code numbered 6102 (the “TCC”) and other certain laws. We present below the important amendments introduced by the Amendment Law within the scope of the TCC in order to provide convenience to corporate transactions… »
Guidelines on Packaging Information and Instructions for Use of Pharmaceuticals have been Updated
On June 11, 2024, the Turkish Medicines and Medical Devices Agency (“Agency”) announced on its official website that the “Guideline on the Packaging Information and Instructions for Use of Medicinal Products for Human Use”, “Guideline on the Readability of the Packaging Information and Instructions for Use of Medicinal Products for Human Use” and “Guideline on Excipients in the Packaging Information and Instructions for Use of Medicinal Products for Human Use” have all been… »
Corporate Governance and Directors' Duties in Turkey 2024
1. What are the main forms of corporate entity used? The main forms of corporate entity used in Turkey are the: • Limited liability company (LLC). • Joint-stock company (JSC). The LLC and the JSC are the preferred company forms in Turkey for both foreign national and Turkish entrepreneurs. The minimum capital requirement were recently increased and from 1 January 2024, the minimum capital amount for: • An LLC is TRY50,000. • A JSC is TRY250,000. • A non-public joint stock… »
The Current Approach Regarding the Determination of the Termination Type in Reinstatement Actions
In disputes arising from the termination of the employment agreement by the employer, although the issue of whether the employment agreement is terminated with just cause or valid reason does not have an impact in terms of the evaluation of the reinstatement request, it is crucial in terms of requesting employment claims. Yet, when the employment agreement is terminated with a valid reason or just cause, the reinstatement request shall be rejected in both cases, whereas the… »
Türkiye's Update: Key Changes in Named Patient Program
Pharmaceuticals that are not authorized in Türkiye or authorized but not available on the market shall be procured from abroad as per a special authorization and on a case by case basis (Named Patient Program-NPP). This supply can be conducted by public institutions approved by the Ministry of Health that are defined as Foreign Pharmaceutical Suppliers (Suppliers) and currently constitute of the Social Security Institution and the Turkish Pharmacists Association. The… »
Artificial Intelligence and Music Industry
One of the most striking developments in the music industry in 2023 was the release of the song “Heart on my Sleeves” by an anonymous user named “Ghostwriter” using the AI-created voices of world-famous singers Drake and the Weekend. However, the song “Heart on my Sleeves” did not exist in the music market for a long time due to the removal of the song from the relevant platforms after Universal Music filed a notice of intellectual property infringement. Although the song was… »
News and Events
IAM Patent 1000 - The World's Leading Patent Professionals Rankings 2024 Announced
The 2024 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 8 practitioners are recognized as the leading individuals in the IAM Patent 1000 - The World's Leading Patent Professionals 2024. The IAM Patent 1000 is a comprehensive directory that identifies the top patent professionals and expert witnesses globally, based on extensive research and…
Gün + Partners Top Ranked by IP STARS 2024
We are thrilled to announce that Gün + Partners has been top-ranked by Managing IP’s IP STARS 2024! Our team has been recognized as a top-tier firm for trademark disputes and prosecution. Additionally, four of our practitioners have been listed among the trademark stars by IP STARS 2024. A special congratulations to Hande Hançar for being recognized among the Top 250 Women in IP in the 2024 edition. IP STARS is the leading specialist guide for companies or individuals…
Hande Hançar Listed in Top 250 Women in IP 2024
Congratulations to Hande Hançar to be recognised as Managing IP's Top 250 Women in IP 2024 edition. This special publication recognises some of the senior female IP practitioners in private practice who have performed exceptionally for their clients and firms in the past year.
We Completed Our 2024-2025 Legal Intern Evaluation Process
We have completed our legal intern evaluation process for the 2024-2025 period. We would like to thank all our candidates who showed great interest and applied. Welcome to our legal interns who will be with us from September. Hilal Gökdeniz, Yağmur Karakışla, Damla Köse, Meryem Çalışkan, Ayşe Erdoğan, Özge Dağlı, İpek Baltacıoğlu, İdil Kanadoğlu, Aysu Kevser Ergin, Miraç Tan Demirkale, Tuğçe Korkmaz, Ayşegül Aydemir, İsmail Arslan.
Atahan Erkul Spoke at the Panel Organized by OSS at the Automechanica Istanbul 2024
Atahan Erkul spoke at the panel organized by OSS at the Automechanica Istanbul 2024 Fair on Friday, May 24th, on the Importance of Brand Protection in Maintenance and Repair in the Automotive Sector and Recent Legal Developments. The panel featured presentations on legal sanctions under brand legislation regarding counterfeit automotive spare parts and an overview of annual activities.…
Direnç Bada Spoke at the USPTO "Intellectual Property Enforcement at the Border" Conference
Our managing associate, Direnç Bada, spoke at the recent USPTO "Intellectual Property Enforcement at the Border" conference in Istanbul. The presentation focused on the critical role of private-public collaboration and case studies in strengthening IP enforcement.
Baran Güney, Spoke at an GALA EMEA Webinar: Hot Topics in Advertising Law
Our managing associate, Baran Güney, spoke at an GALA EMEA Webinar: Hot Topics in Advertising Law in Europe with members of the Global Advertising Lawyers Alliance (GALA) from Ireland, Spain, Slovakia, Turkey, and the UK, discussing recent developments in European advertising law, including environmental marketing, influencer marketing, consumer protection, AI, and the new UK Digital Markets Bill.
Our founder Mehmet Gün Spoke at the Panel on Resolving IP and Technology Disputes Through Alternative Dispute Resolution
Our founder Mehmet Gün spoke at the panel on Resolving IP and Technology Disputes through Alternative Dispute Resolution at the Workshop on Mediation of Intellectual Property (IP) Disputes, which was organized by TÜRKPATENT, Justice Academy of Türkiye, and WIPO Arbitration and Mediation Center on May 6. https://www.wipo.int/export/sites/www/amc/en/docs/web-mediation_ip_disputes-turk.pdf…
Begüm Yavuzdoğan Okumuş spoke at the Climate Summit held at TOBB University
Our partner Begüm Yavuzdoğan Okumuş gave a speech on "Law and Compliance in the Green and Digital Transformation Path" at the Climate Summit held at TOBB University on May 10, 2024. Speakers from academia and the business world discussed the effects of the climate crisis, upcoming regulations, and developments during the event.…
Our Lawyers Spoke During the 2024 Patent and Trademark Attorney Qualifying Exams Preparatory Trainings
Our lawyers, Güldeniz Doğan Alkan, Aysel Korkmaz Yatkın, Dilan Sıla Kayalıca, Zeynep Çağla Üstün, Ayşenur Çıtak Bozdağ, Edanur Atlı, and Seda Takmaz, conducted legal sessions during the preparatory trainings organized by PEM in Ankara and Istanbul for the Patent and Trademark Attorney Qualifying Exams held on May 11, 2024.…
Zeynep Çağla Üstün Spoke at Ankara Yıldırım Beyazıt University
On May 18, 2024, our managing associate, Zeynep Çağla Üstün, participated in the Career Summit organized by the Free Ideas Club at Ankara Yıldırım Beyazıt University. She introduced the operational areas of Gün + Partners and discussed career opportunities in institutional law firms and intellectual property law.
Hande Hançar Spoke at the IAA Webinar
Hande Hançar spoke as part of the Global Advertising Lawyers Alliance panel during the "Artificial Intelligence & Marketing – A Global Legal Perspective Europe" webinar, hosted by the International Advertising Association on April 10th.