Insights
Draft Regulation by Turkey's Competition Authority: A Step Forward in Cartel Transparency
Article 4 of Code No. 4054 on the Protection of Competition ("Code") prohibits agreements, concerted practices, and decisions that restrict competition. The Regulation on Active Cooperation for Detecting Cartels ("Existing Regulation") published in the Official Gazette dated 15.02.2009 and numbered 21142 has been in force for more than 14 years to reveal cartels, which are considered the most serious competition violations in competition law, involving agreements and/or… »
Regulatory Update in Turkey: Prolonged Exclusion of Specific Losses in Capital and Equity Assessments
The Communiqué on the Procedures and Principles Regarding Implementation of Article 376 of the Turkish Commercial Code No. 6102 ("Implementation Communiqué") was amended on December 26, 2020, and it was regulated that certain loss items will not be considered in the calculations made in terms of capital loss or negative equity until January 1, 2023. Although the Ministry of Trade indicated in its statements on various occasions that this exception was introduced as a… »
Cyber Insurance and Insuring NFTs
With the frequent occurrence of cyber-attacks, having insurance coverage against these attacks has become increasingly crucial, and many insurance companies have started to provide cybersecurity insurance services. Like cryptocurrencies, NFTs which are digital assets with a specific value, are based on blockchain technology and stored in the blockchain. The blockchain is a database containing records that, once added, are almost impossible to change and is a digital ledger… »
New Minimum Capital Requirements in Turkey: Impact on Joint Stock and LLCs
With the Presidential Decree numbered 7887 and published in the Official Gazette dated 25 November 2023 and numbered 32380, it has been decided to increase the minimum capital amount for joint stock and limited liability companies by 5 times. According to this regulation, as of 1 January 2024, the new minimum capital amounts will be as follows: Minimum Capital Amount According to the Previous Legislation Minimum Capital Amount According to the New… »
Practical Guideline on Immediate Actions for Foreign Companies Facing Commercial Litigation in Turkey
Introduction Given the complex, competitive and contested course of commercial life, the odds are most businesses will face, at one stage or another, a commercial dispute raised by a business partner (eg, a customer, distributor or supplier etc,). Some of these disputes can be resolved peacefully and amicably, but others may escalate to the court level. The latter can be particularly difficult to manage for global companies operating in multiple states, as cross border claims… »
Is Alternative Dispute Resolution Effective Enough for “.tr” Domain Names?
This article discusses the alternative dispute resolution mechanism for ".tr" domain names in Türkiye. It highlights the efficiency of the alternative dispute resolution mechanism and addresses some concerns over the transparency of proceedings. TRABIS (".tr" Network Information System), established by the Turkish Information and Communication Technologies Authority ("BTK"), became operational on September 14, 2022 and undertook the management of ".tr" domain names. Upon… »
Turkish Court of Cassation’s Comparison of Goods in Different Subclasses
During 2022, the 11th Civil Chamber of the Turkish Court of Cassation (the CoC) issued several decisions regarding trade marks covering goods in class 5. The CoC formed its evaluation on the likelihood of confusion by comparing the subclasses of class 5. The details of the decisions are provided below: Aster v Paster A cancellation action was filed against the Office’s decision rejecting the opposition filed against the trade mark PASTER in class 5 relying upon the… »
Minority Shareholders' Rights in Joint Stock Companies
In order to prevent the majority shareholders, who hold the superiority of capital and voting in the management of joint stock companies, from executing unfair and unjust acts against the minority shareholders and violating the rights of the minority shareholders, the legislator has granted some special rights to the minority shareholders and allowed them to protect their interests against the decisions taken with the influence of the majority. Thus, the balance of interests… »
Treatises
Guides
Guideline on Scientific Meetings on Medical Devices Updated
On 22 August 2023, the Turkish Medicines and Medical Devices Agency (Agency) announced an updated Guideline on Scientific Meetings and Educational Activities to be Held in Accordance with the Regulation on Sales, Advertising and Promotion of Medical Devices (Turkish language) (Guideline) on its official website. The Guideline replaced the previous version dated 15 November 2022. The Guideline was updated shortly after the revision made to the Regulation on Sales, Advertising… »
Healthcare Regulation 2024 in Turkey
1. Organisation, financing and structure of the healthcare system Organisation How is healthcare in your jurisdiction organised? What is the role of government? The healthcare system is governed principally by the Fundamental Law on Healthcare Services No. 3359 and dated 15 May 1987, which furnishes the Ministry of Health (MoH) with the authority to issue healthcare-related regulations and establish a healthcare system enabling each and every person living in Turkey… »
News and Events
We Are Registered for INTA's 2022 Annual Meeting Live+
Our firm will be represented by our partners Barış Kalaycı, Hande Hançar, Uğur Aktekin, Zeynep Seda Alhas and Director Pinar Arikan at the INTA's 2022 Annual Meeting Live+ in Washington, D.C., U.S.A. Please contact gun@gun.av.tr if you wish to meet with them. https://www.inta.org/events/2022-annual-meeting/
Begüm Yavuzdoğan Okumuş and Hande Hançar Spoke at TÜSİAD SD² Webinar
Begüm Yavuzdoğan Okumuş and Hande Hançar, partners of our TMT practice spoke at the "Legal Issues to be Considered in Cooperation of Technology User & Technology Supplier" webinar organized by TÜSİAD SD². TÜSİAD SD2, an initiative of Turkish Industry and Business Association, is the first comprehensive program in Turkey, created with the theme of “Digital Transformation in Industry” and bringing technology users and technology suppliers together. Gün + Partners is the…
Uğur Aktekin Moderated “Implementation of Trademark Law within Administrative Authorities” Panel
Our partner Uğur Aktekin moderated “Implementation of Trademark Law within Administrative Authorities” panel at the Intellectual Property Law event held in cooperation with International Trademark Association (INTA) and Turkish Patent and Trademark Office.
Webinar: Modern Disputes Management and Arbitration for Competitive Economies
Istanbul Arbitration Association and a panel of global experts discussed the ways in which modern dispute management processes can be improved and the role arbitration can play in resolving legal cases.
We Are Delighted Our Lawyers Have Been Recognised as Mondaq Thought Leading Authors
We are delighted our lawyers have been recognised as Mondaq Thought Leading Authors for below categories in Mondaq Autumn 2022 awards. Intellectual Property: Neither A Compulsory License Nor An IP Waiver Is The Solution To Finding Or Accessing The Vaccine Data Protection: Audit Standards For Information Security Processes Arbitration & Dispute Resolution: Effective Date Of Additional Obligations On Consumer Protection Approaches Mondaq Autumn 2022 Thought Leadership…
Barış Kalaycı Spoke at MIP - Global Trademark Forum 2021
Barış Kalaycı, partner in our intellectual property practice, was the panelist in the "Fighting Those Fakes and Staying One Step Ahead of Infringers" panel discussion at MIP - Global Trademark Forum 2021. https://youtu.be/wTXogr2iWZU
Webinar: World IP Day - Access to Medicine, Compulsory Licensing and Protection of Patent Rights
Access to vaccine and patent rights have never been more important and debatable. This year Gün + Partners would like to celebrate World IP Day focusing on this delicate topic and sharing insights from practitioners Aysel Korkmaz Yatkın, Selin Sinem Erciyas of Gün + Partners and Camilla Balleny of Carpmaels & Ransford.
Mehmet Gün Is Listed in IAM Strategy 300 Global Leaders 2021
Mehmet Gün, our founding partner, is listed in IAM Strategy 300 Global Leaders 2021. The first ever edition of the guide draws from the worlds of private practice, consulting and other service providers, with specialists from the major IP markets in North America, Europe and Asia. https://www.iam-media.com/strategy-300-global-leaders-all-individuals
Begüm Yavuzdoğan Okumuş Spoke at Hacettepe Law Club's "IT and Law Conference"
Begüm Yavuzdoğan Okumuş, managing assocaite in our data protection and privacy practice, spoke on evaluation of data breaches within the scope of KVKK and GDPR.
Görkem Bilgin and Yalçın Umut Talay Shared Their Experiences at TOBB University of Economics and Technology
Görkem Bilgin and Yalçın Umut Talay attended a lecture on "Mergers & Acquisitions" in the "Commercial Law" module within the Cooperative Education Program at TOBB University of Economics and Technology and shared their practical knowledge and experience.
Hande Hançar Is Giving "IP Law" Courses at TOBB University of Economics & Technology
Hande Hançar, partner in our IP practice, is giving "IP Law" courses at TOBB University of Economics & Technology, Faculty of Law as a visiting lecturer during 2020-2021 academic year.
Hande Hançar Moderated Global Advertising Lawyers Alliance Webinar
Hande Hançar, partner in our TMT practice, moderated the "Misleading Health Claims & COVID-19" webinar organized by the Global Advertising Lawyers Alliance on Wednesday, Nov 18 at 13:00 - 14:00 (GMT-5) [21:00 - 22:00 (GMT+3, Istanbul time)]. Kristen Klesh from Venable LLP (USA), Irena Lisková from Randl Partners (Czech Republic), Renata Fialho de Oliveira from Veirano Advogados (Brazil), and Sharad Vadehra from Kan & Krishme (India) were the speakers.…