Insights
Changes to Minimum Wage, Severance Payments and Administrative Fines in 2024
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 2024 changes, which came into effect on 1 January 2024. Minimum wage In 2023 the monthly minimum wage rate was 10.008.00 Turkish liras (gross), which was increased to 13,414.50 Turkish liras (gross) as of 1 July 2023. As of 1 January 2024, this has increased to 20.002.50 Turkish liras (gross). In this… »
Turkish Constitutional Court Decision on the Internet Law
The Constitutional Court found that some amendments introduced to the Law no. 5651 on Regulation of Publications on the Internet and Combatting Crimes Committed by Means of Such Publication (“Internet Law”) are unconstitutional in accordance with its decision dated 11.10.2023 and numbered 2020/76 E. and 2023/172 which was published in the Official Gazette dated 10.01.2023 and numbered 32425.[1] Evaluations on Provisions Found to be Unconstitutional Powers Granted to the… »
New Exemption for Procurements of the State Supply Office
With the Law No. 7491 published in the Official Gazette dated 28 December 2023, an additional article 12 was added to the Public Procurement Law (the “Law”). Accordingly, a new exemption has been introduced for procurements of vehicles, vehicle renting, fuel, medicines, medical supplies and medical devices which are to be made by the General Directorate of State Supply Office (“DMO”) on behalf of the administrations. Current Exemptions There were already some exemptions in… »
Turning the Turkish Tide on Rising Tactical Patent Invalidation Actions
Filing patent invalidation actions for tactical purposes such as jeopardising patent infringement actions of patent owners and gaining time by complicating the infringement proceedings has become a common strategy of infringers in recent years. This strategy may cause the patent owner to suffer due to the inability to use its patent properly during the limited protection period of 20 years, even if the invalidity claims do not have a solid basis and they are filed on a ‘try… »
Guideline on The Processing of T.R. Identity Numbers Published By The Personal Data Protection Authority
Within the scope of the Law No. 6698 on the Protection of Personal Data ("Law"), the Turkish Republic Identity Number ("T.R. ID Number") information of individuals is not included in the category of sensitive personal data, but rather is evaluated within the scope of identity data in the general category of personal data. However, in practice, the direct processing of the T.R. Identity Number data while the same data processing purpose could be achieved by processing… »
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… »
News and Events
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
Mehmet Gün to moderate "Managing the dispute" panel at GC Summit Turkey
"Mehmet Gün, our founding partner will be moderating the panel on ""Managing the dispute"" at GC Summit Turkey by The Legal 500 (Legalease) in Istanbul on Sep 26, 2019 with the panellists Emre Derman, Board member of Akbank and Turcas and Andrew Savage, Partner of McDermott Will & Emery. Click below for more information: https://lnkd.in/dFBXUp2"
Congratulations to Our Lawyers Recognized by WWL, They Have Listed Among the Best Lawyers in Their Expertise
Congratulations to our lawyers recognized by WWL, they have listed among the best lawyers in their expertise.WWL findings are based on recommendations and feedback from eminent private practitioners in the sector or industry in question as well as from corporate counsel or other clients who have worked closely with the nominees. Over the past 23 years, WWL is one of the most trusted resources for in-house counsel, government, agency and other legal practitioners seeking to…
Our 2022-2023 Legal Interns Joined Us
Congratulations and a warm welcome to our 2022-2023 legal interns!
Dicle Doğan Has Been Awarded as Rising Star by Euromoney Legal Media Group's "Rising Stars Europe Awards 2020"
Dicle Doğan, managing associate in our life sciences practice, has been awarded as rising star by Euromoney Legal Media Group's "Rising Stars Europe Awards 2020" which aims to recognize the achievements of a distinguished and select group of emerging talent within leading firms.…
Dilan Sıla Kayalıca, Maral Büyükkürkçü and Zeynep Çağla Üstün, Are Listed as Rising Star by Euromoney's MIP IP STARS 2022
We are delighted to announce Maral Büyükkürkçü, Zeynep Çağla Üstün, and Dilan Sıla Kayalıca, our new generation lawyers in our intellectual property practice, are listed among rising stars by Euromoney's MIP IP STARS 2022. IP STARS is the leading specialist guide to IP law firms and practitioners worldwide since 1994. https://www.ipstars.com/Firm/Gun-Partners/Profile/101593#lawyers