Insights
Turkey - Cookies & Similar Technologies
Begüm Yavuzdoğan Okumuş, Yalçın Umut Talay and Seda Öztürk have contributed to Data Guidance Turkey - Cookies & Similar Technologies, which is published by OneTrust. OneTrus Data Guidance Turkey - Cookies & Similar Technologies provides comprehensive guidance on the legal framework, regulatory authority guidance, definitions, consent management, and cookie information requirements concerning the use of cookies and similar technologies in Turkey. The guidance stresses… »
Turkey - Data Transfers
Begüm Yavuzdoğan Okumuş has contributed to Data Guidance Turkey - Data Transfers, which is published by OneTrust. OneTrus Data Guidance Turkey - Data Transfers provides an overview of the legal framework governing personal data protection in Turkey, focusing on legislation, case law, definitions, scope of application, and restrictions on data transfer. The document highlights the evolving regulatory landscape in Turkey, emphasizing the importance of compliance with data… »
New Euro Fx Rate For Drug Prices
On 23 July 2023, Presidential Decree numbered 7399 (Turkish language), amending the Decision on Pricing of Medicinal Products for Human Use (Decision), was published in the Official Gazette numbered 32257. Accordingly, the EUR1 value in Turkish Lira, to be used in the pricing of medicinal products for human use (formerly TRY10.7577) was increased by 30.5% and set as TRY14.0387. If the rate of increase in the product-specific price is higher than the rate of increase in the… »
Payment Calculation Method For Journalist Severance Has Changed
Introduction Law No. 5953 on Arrangement of Relations Between Employers and Employees in the Field of Press (Press Labour Law) sets out the terms and conditions of employment of journalists. Article 6 of the Press Labour Law regulates journalists' entitlement to severance payment and termination of their employment contracts by employers. According to the former wording of the referred article, journalists with at least five years of professional service were entitled to… »
Does the Appeal Period for an Application For Legal Remedy Begin Upon Announcement of the Constitution
Background Under Turkish law, the time period for an application for legal remedies (appeal and cassation) against court decisions begins, in principle, once the parties have been notified of the decision. However, some laws stipulate that the time period begins from the announcement of the decision by the court to the parties present at the hearing. The courts of first instance usually only announce a summary of the judgment at the decision hearing. The courts provide their… »
Guidelines For Withdrawal and Recall of Medical Devices Published
On 19 July 2023, the Medicines and Medical Devices Agency published Guidelines for withdrawal and recall of medical devices and in vitro diagnostic devices (Turkish language) on its official website. The Guidelines regulate the procedures to be implemented to prevent unsafe and non-conforming medical devices from being placed on the market and the responsibilities of the relevant parties pursuant to Law No 7223 on Product Safety and Technical Regulations. In this regard, the… »
Regulation on Technical Services For Medical Devices Published
On 26 May 2023, the Turkish Medicines and Medical Devices Agency (Agency) published the Regulation on Technical Services for Medical Devices Used for Provision of Healthcare Services (Turkish language) (Regulation) in the Official Gazette numbered 32202. The Regulation has been prepared by the Agency to regulate the qualifications, authorisation, supervision and training of technical services that will support activities such as installation, updates, upgrades, modification… »
Regulation on Licensing of Medicines Amended
On 27 May 2023, the Regulation Amending the Regulation on Licensing of Human Medicinal Products (Turkish language) (Regulation) was published in the Official Gazette numbered 32203. With the amended provisions, a new reason for the suspension of the licence has been introduced in connection with licence transfer applications. To avoid suspension, licence holders must submit documentation showing that the production site complies with the Good Manufacturing Practice Guidelines… »
The Exception Criteria for Registration Obligation with the Data Controllers' Registry has been Changed by the Decision of the Personal Data Protection Board
The Personal Data Protection Board ("Board"), through its decision dated 06.07.2023 and numbered 2023/1154 published in the Official Gazette dated 25.07.2023 and numbered 32259, has decided to increase the monetary threshold regarding the total annual financial balance sheet from TRY 25 million to TRY 100 million as one of the criteria for exemption from Obligation to Register with the Data Controllers' Registry (“VERBIS”). According to the Board's decision dated 19.07.2018… »
Proof of Bad Faith: The Turkish Court of Cassation Adopts a Surprising Stance
Güldeniz Doğan Alkan and Cansu Evren of Gün + Partners say that a recent ruling raises the question of how many trademarks should be imitated for an act of bad faith to be recognised In a case, the Turkish Civil IP Court decided for the invalidation of a trademark registration identical to the plaintiff’s mark and trade name. The decision noted that: The plaintiff held a registration for the same class in the EU (but not in Turkey) before the trademark at issue; and The… »
Court of Cassation Overturns Longstanding Precedents on Cumulative Protection Afforded by Trademark Infringement and Unfair Competition Provisions
Cumulative protection is no longer available in light of a recent Court of Cassation decision Trademarks are protected under the IP Code, but “name[s], title[s] or trademark[s]” are not covered by the unfair competition provisions under the new Commercial Code The decision will have a serious impact on pending cases In a recent decision that challenges longstanding precedents, the Court of Cassation has ruled that, in cases where trademark infringement has been found, it… »
PTO Decision Sheds Light on Protection of Well-known Trademarks
The PTO partially upheld HP Hewlett Packard’s opposition against a mark containing the element ‘HP’ based only on the likelihood of confusion ground On appeal, the board upheld the opponent’s well-known trademark claim Notably, the opponent’s evidence showed the HP marks used in a blue colour and the contested mark displayed the same colour The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office (PTO) has rejected a trademark application that… »
News and Events
Gün + Partners Received the WWL Award
We are honoured our firm has been awarded the "Who’s Who Legal Country Firm of the Year Award for Turkey" for the 4th consecutive years in 2020. Who’s Who Legal says: "Following thousands of interviews conducted and nominations received, our research has emphatically identified you as standing apart from all other firms in the country this year. The accolade is therefore richly deserved." https://whoswholegal.com/awards/2020-country-and-state-awards
Uğur Aktekin Spoke at the IBA (International Bar Association) 2020 - Virtually Together Conference
Uğur Aktekin, co-chair of our intellectual property practice, spoke at the "Around the tables: a taste of hot topics in the Intellectual Property, Communications and Technology Section" session of IBA (International Bar Association) 2020 - Virtually Together Conference on NOV 2, 16:00-18:00 GMT. https://www.int-bar.org/Conferences/1094/ProgrammeSearch/Results/Detail.cfm?FunctionGuid=14062845-C7AB-4BFA-8ABB-3BD6D71E1C42&Search=SearchAllFunctions
We Welcomed Our New Formal Trainees at the New Term Opening
In our new term opening meeting, we were together even though we were far away. On this occasion, we welcomed our new formal trainees who have recently joined us.
Mehmet Gün and Uğur Aktekin Have Been Recognized in the WTR Global Leaders Guide 2020
Mehmet Gün, our founding partner, and Uğur Aktekin, co-chair of our intellectual property practice area, have been recognized in the WTR Global Leaders Guide 2020. WTR Global Leaders evaluates law firm and corporate trademark experts according to their expertise and experience in relation to creating, protecting, managing and enforcing essential brand rights, and also their ability to innovate, inspire and go above and beyond to deliver for their clients.…
TÜSİAD SD² Digital Industry Program 2020 Calls Has Been Published
TÜSİAD (The Scientific and Technological Research Council of Turkey) SD² Digital Industry Program calls, which is Turkey’s first comprehensive and local program on digital transformation in industry and which is intended to create an ecosystem bringing the technology user and provider companies together, has been published. As Gün + Partners which has made the corporate law firm management software GÜNCE available for lawyers’ use and which has recently entered into a…
Özlem Divandiler, Our Finance Director, Has Been Chosen as a Mentor for the TÜBİTAK “BIGG+ Mentor” Program
Özlem Divandiler, our finance director, has been chosen as a mentor by TÜBİTAK (The Scientific and Technological Research Council of Turkey) for the “BIGG+ Mentor” Program which has been put into practice with the aim of supporting the entrepreneurship ecosystem in Turkey, contributing to the growth of start-ups and increasing the number of investible start-ups. We congratulate her for offering volunteer mentoring services and for being one of the mentors chosen by TÜBİTAK…
We organized the First Online Customs Training in Turkey
We organized the first online Customs Training in Turkey and performed the presentations for our clients. 200 Customs officers attended the online training and thanks to Turkish Customs General Directorate for the organization.
IAM Patent 1000 - The World's Leading Patent Professionals 2020 Rankings Announced
We are pleased to announce that we have been named as the top tier firm and our 7 practitioners are recognized as the leading individuals in the IAM Patent 1000 - The World's Leading Patent Professionals 2020. The IAM Patent 1000 delivers the most in-depth coverage of the market yet undertaken, pinpointing the best of the best in prosecution, litigation and licensing.
Euromoney's MIP IP STARS 2020 Rankings Announced
We are proud to be listed as top tier firm and our 4 lawyers are recognized as IP Stars by Euromoney's MIP IP STARS 2020 rankings which is the leading resource for who is looking for the best legal practitioners for contentious and non-contentious IP advice since 1990.
Özge Atılgan Karakulak Listed in Top 250 Women in IP 2020
Özge Atılgan Karakulak, partner in our life sciences and patent and utility models practices, is listed in Top 250 Women in IP 2020 by Euromoney's Managing IP. The publication recognises 250 senior female IP practitioners in private practice who have performed exceptionally for their clients and firms in the past year.
World Trademark Review 1000: The World’s Leading Trademark Professionals 2020 Rankings Announced
We are pleased to announce that we have been named as the top tier firm and our 8 practitioners are recognized as the leading individuals in the World Trademark Review (WTR) 1000: The World’s Leading Trademark Professionals 2020. WTR 1000 focuses exclusively on trademark practices and practitioners, has established itself as the definitive ‘go-to’ resource for those seeking world-class legal trademark expertise.
Webinar: Coronavirüs’ün İşletmelere Hukuki Etkileri
COVID-19’un etkisi artmaya devam ediyor ve benzeri görülmemiş bu durumla karşı karşıyayız. Bu süreçte, şirketlerin ivedilikle doğru kararlar vermesi ve uygulaması gerekiyor. Bu amaçla, şirketlere hukuki açıdan yol gösterecek görüş ve önerilerimizi “Coronavirüs’ün İşletmelere Hukuki Etkileri” webinarında paylaşıyoruz. Moderatör : Mehmet Gün Konuşmacılar : Pelin Baysal, Filiz Toprak Esin, Beril Yayla Sapan İş hayatını dünyada ve Türkiye’de nasıl etkiliyor? Coronavirüs…