Insights
Challenges and Opportunities When Combatting Counterfeits in Turkey
It is not a secret that Turkey has an important geographical location for production and sales of counterfeit products as well as the ones in transit. Most of the smuggled products entering Turkey also turn out to be counterfeits. This requires brand owners to take an active role in Turkey to combat the counterfeits, cover all possible basis, and also seek alternative and creative approaches. There are certain civil and criminal actions that can be taken while combatting… »
Turkish Court of Cassation’s Recent Decision on Search and Seizure Orders is Strengthens the IP Owners’ Position
In Turkey, following the criminal complaint route against counterfeits is very effective, yet several criminal courts are becoming rather hesitant to grant search & seizure warrants. The most problematic courthouse in this respect has been Istanbul Courthouse for quite some time and this courthouse is very important as its jurisdiction covers very significant locations for brand owners, such as Grand Bazaar, Taksim, Tahtakale etc.. The criminal courts of Istanbul… »
The Protection of European Patents in Turkey and the Compensation of Damages
Pursuant to the Regulation Indicating the Implementation of the European Patent Convention Regarding the Grant of European Patents in Turkey (the Regulation), a European patent application in which Turkey is designated is accepted as a national Turkish patent application starting from the moment an application number is given by the EPO. Once the application is filed before the EPO, the patent owners normally pursue the procedure before the EPO and then, once the patent is… »
An In-depth Analysis of Inventorship of AI and Turkey’s Position
In recent legal debates, the patentability of AI-generated inventions has been contentious. Historically, only humans have been considered inventors, anchored in notions of personhood and intellect. Yet, in a bold move, South Africa and Australia’s Federal Court recognized AI, specifically DABUS, as a potential inventor in 2021, defying conventional views. Proponents argue that this accommodates modern innovation trends, while sceptics raise concerns about ownership rights… »
Türkiye's Update: Key Changes in Named Patient Program
Pharmaceuticals not authorized in Turkey or authorized pharmaceuticals not available in the market, shall be procured from abroad as per a special authorization (named patient program) in cases where patients require such pharmaceuticals. While this exceptional import regime for pharmaceuticals was until recently regulated by the Medicines and Medical Devices Agency ("Agency") through guideline, the Regulation on Supply of Pharmaceuticals from Abroad ("Regulation") was… »
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… »
News and Events
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.…
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