Insights
New Electric Vehicle Import Regulations in Turkey
The Ministry of Commerce, aligning with the European Union and the Free Trade Agreement frameworks, has introduced some regulations for importing electric vehicles. On November 29, 2023, the Communiqué on the Import of Some Electric Vehicles (the “Communiqué”) was published on the Official Gazette. The Communiqué serves the purpose of regulating the import of electric vehicles belonging to non-European Union member states and Free Trade Agreement non-signatory states… »
Announcement on Products Not Evaluated as Medical Devices
On 30 October 2023, the Turkish Medicines and Medical Devices Agency (Agency) published an announcement (Turkish language) regarding products that are not considered within the definition of medical device or the scope of the legal framework. The Agency stated that, while some products which were considered medical devices or in vitro diagnostic devices under the legislation repealed by the EU Regulations 2017/745 and 2017/746 are excluded from the scope of the medical device… »
The Rise of Online Advertising and The Problems Related to Competition Law
Recently, with the fast development of the technology and the extensive use of communication tools and the internet, marketing strategies have also experienced a significant change. Traditional marketing methods have been rapidly replaced by online advertising. Online advertising, which is a form of advertising that utilizes various internet-based channels, as a marketing strategy used on digital platforms to increase trademark popularity, promote sales and create consumer… »
Reflections of Digital Transformation on Competition Law
In recent years, the rapid spread of digital transformation, defined as the transformation of business processes, customer relationships and operations of undertakings with digital technologies, driven by the technological advancements, has led to changes in the ways of doing business. During this transformation process, the use of digital technologies, especially information and communication technologies, is increased compared to traditional methods. As Undertakings aim to… »
Decision on the Pricing of Drugs Has Been Amended
On 23 July 2023, the Presidential Decree numbered 6932 on the Amendment of the Decision on Pricing of Medicinal Products for Human Use ("Decision") was published in the Official Gazette numbered 32257. With the provisional articles added to the Decision: It has been arranged that the euro value in Turkish Lira to be used in the pricing of medicinal products for human use was increased by 30.5% to 14.0387 TRY in July 2023. While applying this increase, it is stated that the… »
Court of Cassation Examines Impact of Bankruptcy on Collection of Employee Receivables
In practice, bankruptcy of a defendant employer during court proceedings related to employee receivables may be confusing for both the parties of a dispute and the courts handling the proceedings. The Court of Cassation recently examined a case where the defendant employer became bankrupt during court proceedings initiated for employment receivables in the decision dated 8 February 2022. (1) Definition of urgent matters According to article 194 of the Enforcement and… »
Council of State's Unification of Decisions on Appeals Filed by Intervening Parties
Until recently, the Council of State of Turkey had an unsettled practice regarding the appealability of decisions by intervening parties where the principal party does not appeal a decision. Indeed, certain chambers of the Council of State allowed intervening parties to appeal decisions regardless of the principal party's choice, whereas the other chambers restricted the intervening parties' right to appeal with the principal party's appeal. Lately, a unification of decisions… »
A Practical Overview of Disclosure of Trade Secret as a Criminal Offense
Trade secrets bear critical value for companies to stand out and become distinct from their competitors in the competitive market conditions. Indeed, companies are often exposed to significant risks arising from the disclosure of trade secrets due to misconduct of certain individuals having access to these secrets. Therefore, confidentiality of these secrets, which bear commercial value and provide a competitive advantage, is almost crucial for companies to survive. In this… »
Turkish Constitutional Court Annuls Advertisement Board’s Power to Block Access to Websites
Turkish Constitutional Court (“Court”) annulled the paragraph 12 of Article 77 of the Consumer Protection Law, which granted the Advertisement Board the power to partially or entirely block access to websites containing unlawful advertising content. The relevant rule was considered to be unconstitutional pursuant to the Court’s decision dated 13 September 2023 and numbered 2022/70 E. - 2023/152 K. which was published on the Official Gazette dated 27 October 2023 and numbered… »
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… »
News and Events
Webinar: The Importance of Judicial Training in Protecting The Rule of Law
On 6 July 2022 Better Justice Association (BJA) hosted a webinar on "The importance of judicial training in protecting the rule of law". Mehmet Gun, founder of BJA and Gün + Partners, was joined by leading scholars in this field from Cambridge University and Oxford Brookes University to discuss the training and development of judges, compare different approaches from around the world and consider the role of judicial training in protecting the rule of law.
Güldeniz Doğan Alkan ve Zeynep Çağla Üstün Patent Vekilliği Genel Yeterlik Sınavları 2. grup eğitimi verdi
"Fikri Mülkiyet çalışma alanı ortak avukatımız Güldeniz Doğan Alkan ve avukatımız Zeynep Çağla Üstün, Patent ve Marka Vekilleri Derneği (PEM) tarafından düzenlenen ""Patent Vekilliği Sınav Öncesi Ankara 2. Grup Eğitimi""nde sınavın “hukuk” bölümüne ilişkin konuları anlattılar. Patent Vekilliği ve Marka Vekilliği Genel Yeterlik Sınavları 16 Kasım, Cumartesi günü yapılacaktır. Sınava girecek adaylara başarılar dileriz."
We Defined Our Vision for the Next 10 Years by Mutual Agreement of All Our Colleagues and Employees
We are delighted to have achieved the goal that we envisaged in 2013. Since then, both Turkey and the world have undergone great changes. Despite the challenges that we have faced, we have grown and prospered. Thanks to our institutional structure, management systems, business methods and processes, as well as our inhouse technology, GÜNCE, we are successfully overcoming the difficulties brought by the pandemic. For everybody, it is now time to redefine the future…
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.