Insights
Communiqué on Electronic Instructions For Use of Medical Devices Published (Turkey)
On 6 April 2023, the Turkish Medicines and Medical Devices Agency (Agency) published a new Communiqué on Electronic Instructions for Use of Medical Devices (Turkish language) (Communiqué) in the Official Gazette numbered 32155. The Communiqué replaced the version dated 2 April 2015 numbered 29314 and entered into force on the day of its publication. The Communiqué has been updated in line with Implementing Regulation (EU) 2021/2226 of 14 December 2021 laying down rules for… »
Turkish MDR and IVDR Amended
On 2 April 2023, regulations amending the Turkish Medical Device Regulation (Turkish language) and the Turkish In Vitro Medical Device Regulation (Turkish language) were published in the Official Gazette numbered 32151. They amend he transitional provisions stipulated in the which was published in the Official Gazette numbered 31499 to be in line with the transitional provisions applicable to Regulation (EU) 2017/745 (MDR) and Regulation (EU) 2017/746 (IVDR). The… »
Overlapping Intellectual Property Rights - 2nd Edition
While intellectual property rights are mostly studied in isolation, in practice the legal categories created to protect these rights provide only partial legal coverage of the broader context in which such rights are created, used, and enforced. Consequently, often multiple IP rights overlap with respect to the same underlying subject matter. Contributed by our partners Uğur Aktekin and Mutlu Yıldırım Köse, Overlapping Intellectual Property Rights (Second Editon) published… »
Alternative Reimbursement Regulation published
As a consequence of lawsuits filed against provisions of the Alternative Reimbursement Regulation dated 10 February 2016, due to the regulation being published without obtaining the Ministry of Health’s opinion, the articles subject to the lawsuits were cancelled based on formal deficiency. On 12 May 2023, a Alternative Reimbursement Regulation (Regulation) was published in the Official Gazette numbered 32188 and entered into force on the date of publication. While the… »
Evaluating ChatGPT and AI Applications from the Personal Data Protection Perspective
AI Applications Under the Radar of Data Protection Authorities Concerns about how artificial intelligence (AI) systems use and store data collected from users have been frequently debated by data protection authorities and professionals dealing with data security and privacy issues lately. These discussions are kept in the public eye through decisions, publications, and press releases related to the subject. The Italian Data Protection Authority, Garante per la Protezione dei… »
Personal Data Protection Board Decisions on Commercial Electronic Messages
Along with the progress in information technologies, the fact that even the smallest daily needs are met through electronic commerce has resulted in the advertisement and marketing of goods and services mainly through telecommunication networks. With the effect of the Covid-19 pandemic, the sales of goods and services in electronic environment, which have reached a serious potential in recent years, have also caused an increase in the personal data processing activities of… »
New Guidelines on Named Patient Program was Published
The pharmaceuticals not authorized in Turkey or those not available in the market, despite being authorized, shall be procured from abroad upon the request of a physician and special authorization in cases where patients require such pharmaceuticals. Until recently, this exceptional import regime for pharmaceuticals was regulated by the Guidelines on the Supply of Pharmaceuticals from Abroad published by the Turkish Medicines and Medical Devices Agency ("TİTCK"). In line with… »
Termination Disputes relating to Partnership in Non-Public Joint Stock Companies
In joint stock companies, which is one of the most preferred partnership types due to the limited liability of shareholders, due to various concerns such as family and personal concerns and the relevant shareholders’ unsatisfied expectations relating to the company’s performance, shareholders may sometimes wish to terminate the partnership with other shareholders. In such cases, it is critical which actions can be taken by the controlling shareholders against the minority who… »
Amendments to the Execution and Bankruptcy Law and Certain Laws
The Law Amending the Enforcement and Bankruptcy Law and Certain Laws ("Amendment Law"), known as the 7th Judicial Package, was published in the Official Gazette (32154) dated 05 April 2023 and entered into force except for several provisions with later effective dates. The Amendment Law sets out several changes in the fields of enforcement law, criminal law, and procedural law, and it expands the scope of mandatory mediation significantly. Some of the prominent amendments… »
Amendment to Press Labour Law: Who is Considered a Journalist?
Under Turkish law, journalists are subject to Law No. 5953 on Arrangement of Relations Between Employers and Employees in the Field of Press (the Press Labour Law), which sets out the terms and conditions of their employment. The former wording of article 1 of the Press Labour Law stated that the law covered: those who work in any kind of intellectual or artistic works at news and photo agencies, periodical publications and newspapers published in Turkey and those who fall… »
A Glance at the Concept of Plagiarism
Although plagiarism is not clearly defined in Law No. 5846 on Intellectual and Artistic Works (LIAW), it is one of the most common acts of infringement. Plagiarism, which is defined as “pilferage” by the Turkish Language Association under the law on intellectual and artistic works, is used to “present someone else’s work as your own, taking a piece from someone else’s work without citing the source”. While there is no definition for plagiarism, “Freedom of quotation” is… »
The Protection of Cinematographic Works in Türkiye
LIAW which entered into force in 1952, has been amended in 1995, 2001, 2004, 2006, 2008, 2012, and 2014. The amendments in 1995 and 2001 were major amendments which changed the legal regime for rights to cinematographic works and created legal uncertainty as to the ownership and protection term for rights to cinematographic works. The initial text of the LIAW (dated 1952) recognized the Producer of a cinematographic work as the author and provided for a protection term of 20… »
News and Events
World Intellectual Property Day
very April 26, World Intellectual Property Day is celebrated worldwide to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. Within this scope; we have set the theme for our event as “Women in IP, from Creation to Protection of Rights” to encourage participation of women in IP system in respect of innovation, creativity and protection of rights in Turkey. The event will be opened with a speech of Professor Rana Sanyal…
Who's Who Legal Listings
Congratulations to our lawyers recognized by WWL, they have listed among the best lawyers in their expertise. Moreover, we are proud to have the most number of lawyers listed in WWL from Turkey.WWL has built a reputation as one of the most trusted resources for in-house counsel, government, agency and other legal practitioners seeking to find a high-quality lawyer in a particular practice area or jurisdiction. #WWL https://whoswholegal.com/firms/gun--partners?tab=lawyers
COVID-19 Update from Gün + Partners
The World Health Organization (WHO) on March 11, 2020 declared COVID-19 a pandemic. Health Ministry of Turkey announced the total number of cases in the country is 18 as of March 16, 2020. COVID-19 spread progress shows that local peak of the epidemic would happen in forthcoming days in Turkey. Our priority is to continue to provide the high quality client service, while protecting the health and safety of our people and their families. Following are our decisions and…
IP2017 Conference
This event has passed. Hande Hançar Çelik, partner and co-chair of our TMT practice, will speak about success story of GlakoLens, developer of contact lens based biosensor technologies, at IP2017 organizing by Bogazici University in Istanbul, Turkey from Oct 12-13, 2017. Date: Thursday, 12 October 2017 - Friday, 13 October 2017 Venue: Bogazici University, Albert Long Hall Bebek Mh., 34342 Beşiktaş/Istanbul, Turkey IP2017 Conference
MIP International Patent Forum 2018
This event has passed. Özge Atılgan Karakulak and Selin Sinem Erciyas spoke on preliminary injunctions in Turkey in the MIP International Patent Forum 2018. Date: Wednesday, 07 March 2018 - Thursday, 08 March 2018 Venue: The Waldorf Hilton Hotel Aldwych, London, WC2B 4DD, United Kingdom MIP International Patent Forum 2018
6th Annual IBA World Life Sciences Conference
This event has passed. This year’s event will feature dynamic roundtable session as well as concurrent sessions covering the hottest topics and the latest developments from across the different sectors of the Life Science Industry.Topics Include: • Recent trends and future of life sciences• State of the art in all aspects of life sciences• Life science is not science fiction; the future of life science is now• The complex net of human activities, relationships and…
IAPP Global Privacy Summit 2018
This event has passed. Ozan Karaduman, partner in our TMT practice, will be speaking on ”Now That the Data Is Out of the Bag!” Venue: Washington Marriott Marquis Hotel, Washington, DC, USA IAPP Global Privacy Summit 2018
7th Annual IBA World Life Sciences Conference
This event has passed. The Life Sciences sector is deeply evolving, with many legal challenges. The Annual IBA WLSC gathers more and more members every year and the 2019 conference will again be the occasion to share views and knowledge, enhance initiatives and contribute to valuing our constantly evolving legal practice on the field. The conference is presented by the IBA Intellectual Property and Entertainment Law Committee. TOPICS INCLUDE: Roundtables covering the…
Webinar: Key Developments and Predictions for Trademark Law in Turkey - 2020 With a Focus on the Impacts of the COVID-19
Gün + Partners hosted the webinar to discuss the latest developments in Turkish trademark law, as well as the predictions for the future. The impacts of COVID-19 to the practice of trademark law and to the predictions was also covered. Moderator: Uğur Aktekin Speakers: Barış Kalaycı, Hande Hançar, Zeynep Seda Alhas, Mutlu Yıldırım Köse, Güldeniz Doğan Alkan, Pınar Arıkan Loss of Right Due to Acquiescence in Infringement• Protection Scope of Weak Trademarks• Accuracy…
Invest in Turkey Forum 2017
This event has passed. Gün + Partners is joining the 5th Invest in Turkey Forum 2017 in London on 28 April 2017. Ozan Karaduman, Managing Associate, is the panellist in “The Energy Industry in Turkey – The Most Important Questions?” session. Topics for discussion include: Turkish energy strategies: Where is Turkey headed? What projects are expected to be announced over the next 12 months? What changes are being made to regulatory / legislative framework to determine more…
5th Annual IBA World Life Sciences Conference
Gün + Partners invites you to attend 5th Annual IBA World Life Sciences Conference in San Diego - USA on 16-17 June 2017. Özge Atılgan Karakulak, Secretary of IBA Intellectual Property and Entertainment Law Committee co-chairs the conference. Topics cover the following areas in industry: Recent trends and future of life sciences: the law and ethics of selective procreation Law and IP at the cutting edge of technology: challenges and opportunities Biologics and…
IBA Sydney Breakfast Reception
This event has passed. Gün + Partners is organizing Breakfast Reception in Sydney – Australia on 11 October 2017 during the IBA Annual Conference. Mehmet Gün, our founding partner, and Yuichi Aoki, Senior Advisor of Invest Turkey will be the speakers to share their insights on recent legal developments and business environment in Turkey. Date: 11 October 2017 Venue: Sheraton on the Park Hotel, Times on the Park Room 161 Elizabeth St, Sydney NSW 2000 Date: Wednesday, 11…