Insights
Decision on Pricing of Human Medicinal Products Has Been Amended
On 14 March 2023, the Presidential Decree numbered 6932 Amending the Decision on Pricing of Medicinal Products for Human Use (“Decision”) was published in the Official Gazette numbered 32132. With the Decision, a new rule have been introduced on the real source price calculation completing the rule introduced in November 2022. With the prior amendment in the Decision in November 2022, a rule had been introduced stating that products that do not have a retail sale in the… »
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… »
News and Events
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…
2017 ANA/BAA Marketing Law Conference
This event has passed. Hande Hançar Çelik, partner and co-chair of our TMT practice, will speak on legal developments in global advertising and its reflection on Turkey at ANA/BAA Marketing Law Conference in Chicago, IL, USA from Nov 13-15, 2017. Date: Monday, 13 November 2017 - Wednesday, 15 November 2017 Venue: Marriott Chicago Downtown Magnificent Mile 540 N Michigan Avenue Chicago, IL 60611 2017 ANA/BAA Marketing Law Conference
Webinar: World IP Day – Conversation on Impact of COVID-19 on IP
Gün + Partners will once again celebrate the World IP Day. On the occasion of this special day, which is celebrated to remind everyone of the critical role that intellectual property plays in encouraging creativity and innovation, on 27 April 2020, we will discuss the impact of COVID-19 on intellectual property rights. Moderator: Özge Atılgan Karakulak Speakers: Selin Sinem Erciyas and Zeynep Seda Alhas “How to”s with civil, criminal and customs IP proceedings in an…
Kyiv Arbitration Days: Think Big!
Pelin Baysal spoke at Kyiv Arbitration Days: Think Big! held in conjunction with the Ukrainian Bar Association . She shared her experiences on “Document production (including government parties): The good or the evil?” See the presentation here Date: Friday, 14 September 2018 Venue: Fairmont Grand Hotel, Kyiv, Ukraine
Biolegis Meeting 2018
We have hosted Biolegis Meeting 2018 in Istanbul on 13-14 Sep 2018 with the attendance of Biolegis member law firms and corporate counsels of life science companies. Our lawyers Ozan Karaduman and Begüm Yavuzdoğan Okumuş with Funda Zeynep Ekincioglu from MSD Türkiye shared their experiences on processing personal health data in life science under the GDPR and Turkish Law on Protection of Personal Data. Biolegis is a pan-European network of law firms with in-depth expertise…
The Legal 500 – GC Summit Turkey
This event has passed. Mehmet Gün moderated the panel on “The In-House Counsel’s Guide to Best Practice for (Alternative) Dispute Resolution in Turkey” at GC Summit Turkey by The Legal 500 (Legalease) with the panellists Cem Kalpaklıoğlu from TOROS TARIM and Atike Kökbudak from Kordsa. Date: Thursday, 27 September 2018 Venue: Çırağan Palace Kempinski Hotel, Istanbul, Turkey
Structural Reforms Panel - Better Justice Assn and TURKONFED
Our founding partner Mehmet Gün presented “Turkey’s Dilemma: Middle Income and Middle Democracy Traps” policy report and expressed the importance of an efficient and accountable judiciary who will then deserve full independence and take a leading role in Turkey’s exit from “middle-income and middle-democracy traps” at the “Structural Reforms Panel” jointly organized by Better Justice Association, of which we are among the founders, and TURKONFED, hosted by Kars Bar…