Insights
New Regulation from ICTA on Social Network Providers
The definition of "Social Network Provider" was first introduced in the amendments made to the Law numbered 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (“Internet Law”) that came into force on October 01, 2020. These amendments introduced several regulations for social network providers. The Information and Communication Technologies Authority ("ICTA") initially decided the scope and application of the regulations… »
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… »
News and Events
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/"
Legal500 2019 Rankings Announced (1)
We are proud to have the “Top Tier” rankings in 5 out of 9 practice areas we are ranked by The Legal 500 and delighted that our 7 lawyers are listed as "Leading Lawyers" with 2 lawyers listed as “Next Generation Lawyers” in their practice areas.
Özge Karakulak, spoke on compliance environment in life sciences industry in Turkey at the Seton Hall Law School program
Özge Atılgan Karakulak, chair of our Life Sciences practice, shared her experience on compliance environment in life sciences industry in Turkey at Middle East Healthcare Compliance Certificate program organized by Seton Hall Law School faculty in Dubai, U.A.E. https://law.shu.edu/compliance/health/middle-east/speakers.cfm
We have co-hosted INTA Pre–Annual Meeting in İstanbul
International Trademark Association (INTA) Pre–Annual Meeting was co-hosted by Gün + Partners in Istanbul on May 03, 2019. Ugur Aktekin made the opening speech and informed the attendees about the INTA and its 141st annual meeting in Boston, which is scheduled to start on May 18, 2019. Ugur Yalciner spoke about code of conduct rules for trademark attorneys. https://lnkd.in/dY7GqUs
We won Euromoney Benchmark Litigation’s inaugural award for Law Firm of the Year for Turkey in 2019
We are delighted our firm won Euromoney Benchmark Litigation’s inaugural award for Law Firm of the Year for Turkey in 2019. @Benchmark Litigation recognises the most distinguished law firms for their dispute resolution work over the past 12 months. #disputeresolution #litigation https://www.benchmarklitigation.com/articles/benchmark-litigation-europe-awards-2019/arkwqbxx https://www.benchmarklitigation.com/articles/benchmark-litigation-europe-awards-2019/arkwqbxx
We won Who’s Who Legal Country Firm of the Year Award for Turkey for the 3rd consecutive year
"We are honoured our firm has been awarded the “Who’s Who Legal Country Firm of the Year Award for Turkey” for the 3rd consecutive year in 2019. 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. This award is in recognition of the exceptional calibre of your firm’s work in your country over the past year.”…
Begüm Yavuzdoğan spoke in IAPP Turkey, Tech and Policy Meeting
"Begüm Yavuzdoğan Okumuş, managing associate in our TMT practice and IAPP Turkey KnowledgeNet co-chair, and Emily Sharpe, privacy and public policy manager at Facebook, spoke about data protection at ""Turkey, Tech and Policy"" meeting in Galatasaray University. https://lnkd.in/g7vxECS"