Insights
Draft Telemedicine Regulation Published
The Ministry of Health (MoH) published a draft Regulation on providing remote healthcare services (draft Regulation) and shared it with the stakeholders via the Turkish Industrialists' and Businessmen's Association for feedback. The draft Regulation is not currently publicly available. The draft Regulation aims to address the legal gap on telemedicine which has become a more pressing concern due to the COVID-19 pandemic. The most important provisions of the draft Regulation… »
Advertisement Board and Hygienic Products Ads
The advertisements and promotions pertaining to hygiene and health care products have increased in number in parallel with the necessities arising due to the COVID-19 pandemic. The advertisement types subject to special regulations of relevant legislation, including testimonial and comparative advertising practices, have been exercised. The diversity in the advertisements and promotions has been reflected in the decisions of the Advertisement Board and the fundamental notions… »
Permanent Injunction on the Infringing Pharmaceutical Products on the NPP List
Pharmaceutical products that are not licenced in Turkey and/or licenced but not have been made available to the market can be supplied by Turkish Pharmacists’ Association, Social Security Agency (SSA) and institutions and organizations that are deemed suitable for foreign drug supply by the Turkish Medicines and Medical Devices Agency (“Agency”) (“Foreign Drug Suppliers”) as per to the provisions of the Guideline on Drug Supply and Use from Abroad (“Guideline”). Pursuant to… »
An Overview of Vaccination and PCR Testing Policies at Workplaces
With wide-scale use of COVID-19 vaccines all around the world, vaccination and PCR testing policies at workplaces have become a hot topic both for employers and employees. Although there has not been any legislative activity yet, the Ministry of Labor and Social Security issued a general letter to guide the workplaces about the possible vaccination and PCR testing policies to be adopted, which has left questions whether employers could require mandatory vaccination or regular… »
District Court in Turkey Rules on Preliminary Injunction Assessments
Objectively, preliminary injunction decisions play a key role for the IP right holder particularly for patent holders to be dealt by Intellectual and Industrial Property Rights (IP courts) in an urgent matter due to the super technicality nature of such cases, commercial reasons, time pressure, etc. The preliminary injunction, which appears as a way out in cases where the definitive protection is not sufficient and a temporary legal protection is needed, can be requested… »
Directors & Officers Liability Insurance Gains More Importance Day by Day
Equity companies have enabled large investments and projects yet also caused company executives and managers to take great responsibilities and to be liable against the company, shareholders, and creditors for any losses incurred due to their faulty or negligent actions that may arise during the company management. Such responsibility leads to serious losses as a result of both board members and managers’ faulty or negligent actions and therefore makes them hesitate to manage… »
Appeal Court Issues Significant Decision on Jurisdiction in Case of Online Infringement
The Regional Court of Appeal has held that, in case of online infringement of a registered trademark, the owner of the trademark may initiate a court action against the infringer anywhere in Turkey.Background The claimant, a foreign company which owned registered trademark rights in Turkey, was suffering from the defendant’s infringing acts and initiated a trademark infringement action. Article 156 of the Turkish IP Code, entitled “Commissioned and competent court”, states… »
IP Court Rules on Red Bull’s Colour Marks in an Infringement Claim
Red Bull, the leading manufacturer and pioneer for energy drinks, encounters many trademarks, designs and trade dresses attempting to gain unfair advantage of Red Bull’s tremendous reputation worldwide. Turkey is one market where Red Bull is the leader, so there has been a significant number of sales and market awareness. Therefore, the Turkish market is monitored carefully for infringing products, and brand protection strategy is applied properly by Red Bull. In mid-2020… »
The New Deadline for Registration to Data Controllers’ Registry Approaches!
In accordance with Personal Data Protection Law No. 6698 and the Regulation on Data Controllers’ Registry (“Regulation”), data controllers shall get registered to the Data Controllers’ Registry (“VERBIS”). Deadlines for the registration obligation is announced by the Personal Data Protection Board (“Board”). Although the previous deadlines designated by the Board expired, in accordance with the Board’s decision dated 01.03.2021 and numbered 2021/238, a new deadline is set for… »
SAMSONITE v SAMS: Higher Board Issues Exemplary Decision on Similarity, Taking into Account Well-Known Status of Earlier Mark
Background On 19 November 2018 a Turkish company filed an application for the registration of the word mark SAMS in all classes (Classes 1 to 45). Following the publication of the application in the Official Trademarks Bulletin, the owner of the well-known SAMSONITE trademarks filed a partial opposition against the application based on a likelihood of confusion for some of the goods in Classes 6, 9 and 18. In its decision dated 1 October 2019, the Trademarks Department of the… »
Updated Examination Guideline in Turkey
The Turkish Patent and Trademark Office updated the Trademark Examination Guideline on 18 August 2021. Mutlu Yıldırım Köse reports. The previous Guideline defined the criteria regarding the examination of trade mark applications on absolute grounds within the scope of the Industrial Property Code (IP Code). The updated Guideline defines the criteria regarding the likelihood of confusion examination as per Article 6/1 of the IP Code. The main purpose of the Guideline is to… »
Guidelines on Distribution of Free Drug Samples Amended
On 3 September 2021, the Turkish Medicines and Medical Devices Agency's (the Agency) amended Guidelines on the Distribution of Free Drug Samples within the Scope of the Regulation on Promotional Activities of Medicinal Products for Human Use (Guidelines) entered into force. The most important amendments concern the registration of the free promotional samples in the Product Tracking System. Pursuant to the Guidelines, the marketing authorisation holder is obliged to notify… »
News and Events
Great Place to Work® Certification
We are proud to announce that Gün + Partners has been awarded with Great Place to Work® Certification! Thank you to all our team members who contributed to this great achievement!
Güldeniz Doğan Alkan spoke at the "Opening Ceremony of Master of Laws (Ll.M.) in Intellectual Property Program" at Ankara University
Güldeniz Doğan Alkan, partner in our intellectual property practice, spoke at the "Opening Ceremony of Master of Laws (Ll.M.) in Intellectual Property Program" at Ankara University with the support of World Intellectual Property Organization (WIPO) and TÜRKPATENT. As one of the board member of Patent and Trademark Attorneys’ Association (PEM), she introduced PEM to the students and shared the stage with Uğur Yalçıner, Irmak Yalçıner, Melis Abacıoğlu Viskuşenko, Ayşe Gül…
The Istanbul University Law Faculty Event
Güldeniz Doğan Alkan, partner in our IP practice, shared her views on becoming a lawyer and Turkish IP law with a focus on Trademark law at the event hosted by the Dispute Resolution Club of the Istanbul University Law Faculty.
Formal internship period started
"2019-2020 döneminde büromuzda staj yapacak stajyer avukatlarımız, dört günlük oryantasyon ve eğitim programlarını tamamlayarak stajlarına başladılar. Türkiye’nin farklı bölgelerinden ve farklı okullardan aramıza katılan arkadaşlarımız, eğitim boyunca birbirlerini tanıma ve kaynaşma imkanı buldular. Stajyerlerimizin staj dönemlerinin verimli, başarılı ve keyifli geçmesini diliyor, Gün + Partners ailesine hoş geldiniz diyoruz! "
Fourth Annual Session of Themis Court Simulations by Kadir Has University
Uğur Aktekin, partner in our intellectual property practice, shared his experience on becoming a lawyer, at the opening speech he made for the “Fourth Annual Session of Themis Court Simulations” hosted by Kadir Has University in Istanbul on Feb 14.
Canan Tınaz Moderated a Discussion During INTA Leadership Meeting
Canan Tınaz, senior attorney in our IP prosecution practice, moderated a Table Topic discussion during INTA Leadership Meeting entitled: “Managing International Portfolios of Clients: How to Establish an Understanding Relationship with Foreign Attorneys” on Wednesday, Nov 18 at 11:00 am EST. https://www.inta.org/events/2020-annual-meeting-leadership-meeting/
Begüm Yavuzdoğan Okumuş Spoke at Istanbul University "Data Protection Week"
Begüm Yavuzdoğan Okumuş spoke on "Attitude of the Turkish Data Protection Authority and Important Decisions" at "Data Protection Week" organized by Istanbul University Faculty of Law - IT Law club.
Begüm Yavuzdoğan Okumuş Is Listed in Data 2021 Research by Who’s Who Legal
Begüm Yavuzdoğan Okumuş, managing associate in our data protection and privacy practice, is listed in Data 2021 Research by Who’s Who Legal which recognises individual practitioners who received the highest number of nominations from peers, corporate counsel and other market sources. https://whoswholegal.com/begum-yavuzdogan
Barış Kalaycı Moderated a Discussion During INTA Leadership Meeting
Barış Kalaycı, chair of our anti-counterfeiting practice, moderated a Table Topic discussion during INTA Leadership Meeting entitled: “How to Support Anticounterfeiting Activities with Anti-Money Laundering Provisions? A Possible Solution to Fake Sales on the Internet and Small Parcel Shipments” on Monday, Nov 9. https://www.inta.org/wp-content/uploads/public-files/events/2020AMLM/2020AMLM_SCHEDULE-091820.pdf
Barış Kalaycı recognized as Litigation & Enforcement Lawyer of the Year: White Collar Crime by Euromoney
Baris Kalayci, partner in our Business Crimes and Anti-Corruption practice, recognized as Litigation & Enforcement Lawyer of the Year in White Collar Crime by Euromoney Legal Media Group's European Life Sciences Awards 2020. 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.
Announcement of Promotions
We are pleased to announce the promotions of Dilan Sıla Kayalıca, Yalçın Umut Talay, Zeynep Çağla Üstün and Baran Güney as our new senior associates.