Insights
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… »
Non-Fungible Tokens (“NFTs”) and Copyright Law
NFTs have been one of the most popular topics for copyright law during 2022. Discussions were widely held about whether NFTs could be considered copyrightable works, whether purchase of an NFT grants authorship rights to the buyer, which formal requirements are relevant for a valid copyright assignment for an NFT, and which particular rights associated with copyright could be infringed by unauthorized use. Although we are yet to see legislation concerning these issues, many… »
New Turkish Domain Name System Creates a Situation in Need of Resolution
Nic.tr (.tr Domain Name Management), which was established under the auspices of Middle East Technical University, has been managing .tr domain names and dispute resolution processes related to these domain names since 1991. However, under Article 35 of Law No. 5809 on Electronic Communications and the Internet Domain Names Regulation, TRABIS (.tr Network Information System), established by the Information and Communication Technologies Authority, became operational on… »
What’s New In The Amended E-Commerce Law For IP
Law No. 7416, amending E-Commerce Law, came into effect on 1 January 2023, and a comprehensive change has been made to Article 9, titled "obligations of intermediary service providers", including the title of the provision. Following this change, the title of Article 9 was changed to "illegal content". According to this article, unless there is a contrary provision in other laws, the general principle is that the intermediary service provider is not responsible for the… »
Protection of Websites Under Turkish Law
Websites that are part of our daily lives consist of many elements such as webpages, the user interface, computer software, databases, and servers. Although there is no set of rules specifically applicable to them under Turkish law, their constituent elements and their content can be conferred legal protection if they meet the requirements of existing legislation. The question of whether websites are conferred additional legal protection separate from their constituent… »
Legislative Proposal on the Amendment of the Law on Pharmaceuticals and Medical Preparations No. 1262 and Certain Laws
The Legislative Proposal on the Amendment of the Law on Pharmaceuticals and Medical Preparations No. 1262, Certain Laws and Decree Law No. 663 (“the Legislative Proposal”) dated March 20, 2023, and numbered 2/5006 is an omnibus bill having some amendment offers regarding the regulating legislation of the health sector. The Legislative Proposal suggests defining the obligation of registration and notification to the Drug Tracking System at the level of the law, updating the… »
Notes from the 2019 Corruption Perceptions Index for Turkey
On 23 January 2020, Transparency International announced the much-awaited results of the 2019 Corruption Perceptions Index (the “CPI 2019”), which reflects the perception of country experts, non-governmental organisations and representatives of the business world of corruption in public sector. The CPI 2019 scores 180 countries and territories on a scale from 0 (highly corrupt) to 100 (very clean). The results, unfortunately, did not come as too much of a surprise for Turkey… »
News and Events
Model Court of Justice 2018
Güldeniz Doğan Alkan, partner in our intellectual property practice, was the keynote speaker for the United Kingdom Intellectual Property Enterprise Court during the Model Court of Justice 2018 in Ankara, Turkey on Feb 09, 2018.
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/"