Insights
Turkish Court of Cassation Rules in CERAN v CERAMO Case
In a recent case, the General Assembly of Civil Chambers of the Turkish Court of Cassation ruled that although the defendant argued that the earlier trade mark CERAN originates from the word “ceramic”, this is not the case and CERAN functions as a trade mark for Turkish consumers. Therefore it can block the latter trade mark CERAMO from being registered for similar goods. History of the dispute The dispute dates back to 2015. Schott opposed the Turkish trade mark application… »
Non-Fungible Tokens (NFTs) and Trademarks
NFTs have been significantly popular in 2022 from a trademark law perspective like many other fields. As many more businesses in various industries have carried their trademarks to Metaverse and launched NFT collections in 2022, the number of trademark applications covering NFTs has significantly and proportionally increased .[1] To satisfy the high demand and urging need caused by this trend, European Union Intellectual Property Office (“EUIPO”) published a guideline that… »
Regulation on Hearings Through Video and Audio Transmission
Introduction Law 7251 on the Amendment of the Civil Procedure Code and Certain Laws entered into force upon publication in the Official Gazette (31199) on 28 July 2020. Article 17 of the Law 7251 amended Article 149 of the Civil Procedure Code (“CPC”) 6100 to allow courts to conduct remote hearings through video and audio transmission either upon the parties' request or ex officio under certain circumstances. The amendment further provided that the principles and procedures… »
A New Era in .Tr Extended Domain Names - and a New Issue Waiting for a Solution
Nic.tr (".tr" Domain Name Management), established under the auspices of Middle East Technical University ("METU"), has been managing ".tr" domain names and dispute resolution processes related to these domain names since 1991. According to Article 35 of the Electronic Communications Law No. 5809 and the Internet Domain Names Regulation, TRABIS (".tr" Network Information System), established by the Information and Communication Technologies Authority ("BTK"), became… »
Decision on Pricing of Human Medicinal Products Amended with New Price Calculation
On 14 March 2023, the Presidential Decree numbered 6932 Amending the Decision on Pricing of Medicinal Products for Human Use (Turkish Language) (Decision) was published in the Official Gazette numbered 32132. The Decision introduces a new calculation for the real source price of products where the source price cannot be determined with the Presidential Decree numbered 6365 Amending the Decree on Pricing of Medicinal Products for Human Use that was introduced in November 2022… »
Medicines and Medical Devices Agency Publishes Guideline on Co-Marketing
On 17 February 2023, the Turkish Medicines and Medical Devices Agency (Agency) made an announcement (Turkish language) on its official website that it had published a Guideline on Human Medicinal Products that are Co-marketed (Guideline). The Guideline came into force on the day of its publication. The Guideline aims to provide guidance on licensing of co-marketed human medicinal products, cancellation or suspension of the main product's marketing authorisation and… »
Law on the Protection of Personal Data and Its Application
On April 7, 2016, the Law on the Protection of Personal Data (“Law”) came into force in Turkey as a special law regarding the protection of personal data. The Law is a step towards harmonising Turkish legislation with EU legislation, and it was prepared based on Directive 95/46/EC on data protection (“Data Protection Directive”). Although the Law is very similar to the Data Protection Directive, certain principles of the General Data Protection Regulation (“GDPR”) were also… »
Lawful Personal Data Processing
Personal data can be processed based on the following legal grounds: If explicit consent of the data subject is obtained. If processing is clearly proposed. If processing is mandatory for the protection of life or to prevent the physical injury of a person in cases where that person cannot express consent or whose consent is legally invalid due to physical disabilities. If processing is necessary for and directly related to the establishment or performance of a contract and… »
Explicit Consent under Data Protection Law
Explicit consent has been defined as consent that relates to a specified issue, declared by free will, and based on information. As the definition suggest, the Law stipulates that no kind of “blanket consent” of not limited to a specific subject or transaction will be valid. For example, consent such as "I allow all kinds of data processing activities", will not suffice under the Law. The data subject must know for what s/he is giving consent and must clearly express his/her… »
Notification Obligation to Tax Office for Registered Transactions in the Trade Registry is Abolished
The General Communiqué no. 546 on Tax Procedural Law (the "Communiqué") which determines the procedures and principles regarding the acceptance of the notifications made electronically by the Ministry of Trade to the Ministry of Treasury and Finance (the "Ministry") from the transactions registered in the trade registry as notifications made by taxpayers was published in the Official Gazette dated 18 January 2023, to be effective as of 1 February 2023. Within the scope of the… »
New Regulation on Named Patient Programs is Published
Pharmaceuticals that are not authorized in Turkey and/or not available in the market despite being authorized, shall be procured from abroad upon request of physicians and special authorization in cases where patients require such pharmaceuticals. Until recently, this exceptional import regime for pharmaceuticals was regulated by the Guideline on the Supply of Pharmaceuticals from Abroad published by the Turkish Medicines and Medical Devices Agency ("Agency"). On February 3… »
Turkey's Ongoing Decline In Corruption Perception Index
Transparency International’s annual report 2022 Corruption Perceptions Index (“CPI 2022”), aiming to measure the perceived level of public sector corruption based on various sources with the contributions of businesspeople, NGOs and country experts, was released on January 31, 2023. The index ranks 180 countries/territories by their perceived level of public sector corruption on a scale from 0 (highly corrupt) to 100 (very clean). CPI is regarded as one of the most credible… »
News and Events
Barış Kalaycı spoke in Intellectual Property Rights in Fashion Law Seminar
Barış Kalaycı, partner and co-chair of our intellectual property practice, has spoken on “Intellectual Property Rights in Fashion Law” during the seminar hosted by Hukukçular Derneği (Jurists' Association Turkey) in Istanbul on Mar 10, 2018.
Özge Atılgan Karakulak and Selin Sinem Yalıncaklı spoke on in MIP International Patent Forum 2018
ÖZGE KARAKULAK and Selin Sinem Yalıncaklı ERCİYAS, partners in our Life Sciences and Patent practices respectively, spoke on preliminary injunctions in Turkey in the MIP International Patent Forum 2018 in London on Mar 08, 2018.
Mehmet Gün's new book Turkey’s Middle Democracy Issues and the Way to Solve Them
"TURKEY’S MIDDLE DEMOCRACY ISSUES Judiciary, Accountability, Fair Representationand THE WAY TO SOLVE THEMWe are proud to announce the publication of our founder Mehmet Gün’s new bookYou may download an executive summary in English and in Turkish."
Mehmet Gün and Uğur Aktekin have been listed in IAM Strategy 300 - The World’s Leading IP Strategists
"Congratulations to Mehmet Gün, our founding partner, and Uğur Aktekin, co-chair of our Intellectual Property Practice, for being listed in IAM Strategy 300 – The World’s Leading IP Strategists. http://www.iam-media.com/Search?at=IAM+Strategy+300&qs=g%C3%BCn+%2B+Partners"
Mehmet Gün gave an interview in H+ Magazine
Kurucu Ortağımız Av. Mehmet Gün, Hukuk Akademisi - H+ Dergi söyleşisinde avukatlık mesleği ve yargıdaki sorunlar hakkında düşüncelerini paylaştı ve yeni çıkan kitabı, Türkiye’nin Orta Demokrasi Sorunları ve Çözüm Yolu, hakkında bilgi verdi
Mehmet Gün was moderator at GC Summit Turkey
Mehmet Gün, our founding partner will be moderating 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) in Istanbul on Sep 27, 2018 with the panellists Cem Kalpaklıoğlu from TOROS TARIM and Atike Kökbudak from Kordsa. https://lnkd.in/gkUUV64
Ethics & Reputation Society (TEID) Seminar
Ethics & Reputation Society Seminar co-hosted by Gün + Partners on Oct 19, 2018. Our managing associates Filiz Toprak Esin and Görkem Bilgin shared their experiences on contract management.
Begüm Yavuzdoğan Okumuş Appointed as IAPP KnowledgeNet Chapter Co-Chair
We congratulate Begüm Yavuzdoğan Okumuş, CIPP/E, managing associate in our Corporate and M&A and TMT practices, for becoming KnowledgeNet Chapter co-chair by the IAPP - International Association of Privacy Professionals. https://lnkd.in/ecAkq-V
Contributor Most Read in Turkey Award by Mondaq
"We are proud to announce that we have been awarded by Mondaq as the Contributor Most Read in Turkey in November 2018. Mondaq says that the award recognize which contributing author firms were read the most by its registered business readers. Visit our web site or subscribe to our publications to stay informed about legal developments in Turkey. https://gun.av.tr/insights/ "
We are accepting internship applications for 2019
"We are accepting internship applications for 2019. You can submit your application for our 2019 formal or summer internship programs via our website. In 2018, 12 formal trainees joined us. Between June and September, 85 summer trainees did their internship in our firm. Gün + Partners 2019 yılı staj başvuruları başladı. 2019 yılı yasal veya yaz stajı programlarımız için web sitemizden başvurunuzu iletebilirsiniz. 2018 yılında 12 yasal stajyerimiz aramıza katıldı.…
FICPI - TÜRKİYE 1st roundtable meeting held in İstanbul
"2019's first roundtable meeting of FICPI - TÜRKİYE held in İstanbul on Feb 08, 2019. Different views and decisions on product and service similarity were discussed. Ugur Aktekin made the opening speech, Ali PASLI and Yasemin Kenaroglu have moderated the meeting. https://ficpi.org.tr/"
Our new managing associates announcement
"We are pleased to announce the promotions of Berrin Dinçer, Dicle Doğan and Selda Ercan as our new managing associates. Berrin Dinçer, Dicle Doğan ve Selda Ercan’ın yönetici avukat olarak atandığını duyurmaktan mutluyuz. https://gun.av.tr/our-team/"