Insights
Decision on the Protection of Neighboring Rights in Cinematographic Works
The copyright law dispute, also known by the public as the case of famous actor Kemal Sunal, was concluded with the decision of the Court of Cassation General Assembly of Civil Chambers (“General Assembly”) after going through various stages for many years.[1] In the lawsuit filed by the heirs of Kemal Sunal, the dispute centers on (i) whether it is possible to accept that Kemal Sunal’s economic rights as a performing artist within the scope of Article 80 of the Law No. 5846… »
Court of Cassation Decision Linking the Completion of Films to Obtaining of the Film Registration Certificate
The 11th Civil Chamber of the Court of Cassation (“CoC”), in the context of a dispute arising out of a joint film production contract signed between the parties, agreed with the first instance court's finding that, in the absence of a clear determination in the contract as to when the film will be deemed to be completed, this moment should be determined as the time when the film registration certificate is obtained, and decided that the plaintiff was entitled to claim a… »
A Current Plagiarism Debate: “Bit Palas vs. Sinek Sarayı”
“Plagiarism” is not clearly defined in Law No. 5846 on Intellectual and Artistic Works (“LIAW”). Plagiarism, which is defined by the Turkish Language Association as "pilferage," is used in the context of intellectual and artistic works law to mean "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 under LIAW, instances of "freedom of quotation" are clearly defined under… »
Work Bearing The Characteristics Of Its Author And The Signs of Work
Work Bearing The Characteristics Of Its Author And The Signs of Work The Law on Intellectual and Artistic Works ("LIAW"), which has been amended many times since its entry into force in 1952, still causes uncertainty and confusion in practice. The recent decision of the Court of Cassation[1] has been a very guiding and clarifying decision in terms of examining the signs of the work, which are controversial in practice, and the amendments made to LIAW, especially with regard… »
Freedom of Quotation in Cinema Works
With respect to lawsuits filed in the scope of Law No. 5846 on Intellectual and Artistic Works (“FSEK") No. 5846, an important standard in terms of plagiarism is the limits of freedom of quotation. According to Article 35 of the FSEK, in order to make a quotation from a work, it is necessary to; (i) incorporate some sentences and paragraphs of a work made public, into another work of science and literature, (ii) incorporate certain elements of a published composition, at the… »
Publishing Rights in Online Use – Recent Developments
Digital technologies continue to influence and transform the printed publication industry, much like their impact in various other sectors. In fact, considering the findings of a 2021 EU Commission survey, which revealed that 72% of internet users aged 16 to 74 in the EU were found to access newspapers and magazines online, it is not hard to imagine that this percentage has increased in the recent years. Amidst these developments, the European Union (“EU) adopted the… »
A Draft Regulation on the Promotional Activities of Human Medicinal Products and Food for Special Medical Purposes has been Published
On May 28, 2024, the Turkish Medicines and Medical Devices Agency (“Agency”) published a Draft Regulation on the Promotional Activities of Human Medicinal Products and Food for Special Medical Purposes (“Draft”) on its official website and announced that opinions regarding the Draft can be delivered to the Agency. Significant amendment proposals that differ from the current regulation are as follows: In General In addition to physicians, dentists, and pharmacists, promotion… »
The Insurance and Reinsurance Law Review, 12th Edition, Turkey Chapter
Chapter 1 Turkey Aysel Korkmaz Yatkın, Görkem Bilgin, Asena Aytuğ Keser and Edanur Atlı[1] I. Introduction i. Nature of the insurance and reinsurance market There are currently 74 active insurance companies incorporated in Turkey, consisting of 50 non-life insurers, 19 life and pension insurers and five reinsurers.[2] The premiums collected in 2023 amounted to approximately 486 billion Turkish lira, an increase of 106.8 per cent compared with the previous year. Of this… »
Key Challenges to Ethical Business in Türkiye
Humans have to live as a society in solidarity with others for survival, security, and continuation of the species. Equity (fairness) and cooperation must be core values in these societies if these three basic objectives are to be secured. The survival and progress of societies depend on cooperation which in turn depends on equity and fairness. Ethics and the law Although it is far from being ideal, justice is the best means humankind has developed to realise these values.… »
Decision on the Protection of Neighboring Rights in Cinematographic Works
The copyright law dispute, also known by the public as the case of famous actor Kemal Sunal, was concluded with the decision of the Court of Cassation General Assembly of Civil Chambers (“General Assembly”) after going through various stages for many years.[1] In the lawsuit filed by the heirs of Kemal Sunal, the dispute centers on (i) whether it is possible to accept that Kemal Sunal’s economic rights as a performing artist within the scope of Article 80 of the Law No. 5846… »
Court of Cassation Decision Linking the Completion of Films to Obtaining of the Film Registration Certificate
The 11th Civil Chamber of the Court of Cassation (“CoC”), in the context of a dispute arising out of a joint film production contract signed between the parties, agreed with the first instance court's finding that, in the absence of a clear determination in the contract as to when the film will be deemed to be completed, this moment should be determined as the time when the film registration certificate is obtained, and decided that the plaintiff was entitled to claim a… »
Likelihood of Confusion of Medicines for Human Use and for Animal Use
As educated consumers should be taken into account, particularly when comparing the trademarks covering medicines, it is a well-established principle that the likelihood of confusion between the trademarks covering the goods in class 05 is harder to occur. The Turkish Court of Cassation (“the Coc”) has reiterated this concept repeatedly, so the courts strictly adhere to it and consider a great degree of similarity before accepting that healthcare professionals might confuse… »
News and Events
Our Lawyers Recognized in the Who's Who Legal: Life Sciences 2024
We are proud to announce that Mehmet Gün, Özge Atılgan Karakulak, Selin Sinem Erciyas, and Aysel Korkmaz Yatkın have been named among the world’s leading practitioners in Who's Who Legal: Life Sciences 2024. WWL: Life Sciences provides a comprehensive analysis of the leading lawyers around the world currently handling sophisticated patent litigation and product liability proceedings as well as regulatory and transactional matters for high-profile clients across the sector.
We Are the "Firm of the Year" by Managing IP EMEA Awards 2024
We are honored to have been named 'Firm of the Year' in the 'Trademark Disputes' category at the Managing Intellectual Property EMEA Awards 2024. These awards recognize the firms, individuals, and companies that have conducted the most innovative and challenging IP work over the past year and have been instrumental in driving the international IP market. Over 600 participants attended the event to celebrate these achievements. Our partner, Zeynep Seda Alhas, represented our…
Hande Hançar to Speak at GALA Global Advertising Law Conference in New York
Hande Hançar, partner in our TMT practice, will speak at the upcoming 6th Annual GALA Global Advertising Law Conference in New York on March 13. Join Hande at the "Hot Topics in Global Advertising Law" session, where the speakers will delve into the latest challenges and trends in advertising law. The Global Advertising Lawyers Alliance (GALA) brings together experts from around the globe to share insights and strategies, helping brands and agencies navigate the complex…
The Legal 500 EMEA 2024 Results Announced
We are delighted to announce that we have been recognized as one of the leading law firms in Turkey by The Legal 500 EMEA 2024, achieving 'Top Tier' rankings in 3 out of the 9 practice areas in which we are ranked. We are proud to have 1 of our lawyers listed in the 'Hall of Fame' group, 3 in the 'Leading Individuals' group, 3 in the 'Next Generation Partners' group, and 2 in the 'Rising Stars' group. These results demonstrate our comprehensive expertise and commitment to…
We attended the CITMA Spring Conference: Navigating the digital frontier event
Uğur Aktekin and İrem Girenes Yücesoy participated in the CITMA Spring Conference: Navigating the Digital Frontier event held in London, where approximately 200 speakers and delegates from 25 countries participated in various sessions.
We are Attending the 7th Mergers and Acquisitions in the Technology Sector Conference in Barcelona
We are pleased to announce our participation at the 7th Mergers and Acquisitions in the Technology Sector Conference, which will be held in Barcelona on 14-15 Mar 2024 and extend an invitation for a potential meeting during the event. Begüm Yavuzdoğan Okumuş, partner, will be representing Gün + Partners at the conference. If you are interested in exploring collaboration opportunities or simply reconnecting, please feel free to get in touch with her. We eagerly anticipate…
We Conducted Competition Training for ARTED
Begüm Yavuzdoğan Okumuş conducted a competition law training session for representatives of the member companies of the Association of Research-Based Medical Technologies Manufacturers (ARTED). The session covered current issues in competition law, including the latest investigations conducted and decisions concluded by the Turkish Competition Authority. A practical guide to competition law and insights from recent cases were provided to the members.
Zeynep Çağla Üstün and Cansu Evren were Speakers at the 12th Law Students Forum of Bilkent University Career in Law Club
Zeynep Çağla Üstün and Cansu Evren gave a speech on the basics of patent and trademark law at the 12th Law Students Forum organised by Bilken University Career in Law Club.…
Baran Güney spoke at “Consumer Endorsements and Reviews - An International Perspective" Webinar
In an era where consumer endorsements and reviews critically shape purchasing decisions, understanding the legal landscape is critical for companies aiming to leverage this powerful marketing tool. Baran Güney, managing associate in our TMT practice, recently shared his expertise on this subject as part of the Global Advertising Lawyers Alliance panel during the "Consumer Endorsements and Reviews - An International Perspective" webinar, hosted by the American Bar…
Güldeniz Doğan Alkan and Mutlu Yıldırım Köse Will Attend the MARQUES Spring Team Meeting 2024 in Amsterdam
The 22nd MARQUES Spring Team Meetings will take place on the 7th and 8th March 2024 in the Hilton Hotel, Amsterdam.This meeting provides a unique opportunity for Team and Council members to network in an exclusive setting to develop strategies and plan the way forward, whilst gaining up-to-date news of the activities of all the MARQUES Teams.
Zeynep Çağla Üstün and Cansu Evren Made a Brief Presentation on Patent and Trademark Law to ELSA
We hosted ELSA on January 18, 2024, where our senior associates, Zeynep Çağla Üstün and Cansu Evren, made a brief presentation on Patent and Trademark Law and shared their experiences of working at Gün + Partners.…
İrem Girenes Yücesoy Spoke At The "Careers in Law" Event Organized By Koç University Law Club
Our senior associate İrem Girenes Yücesoy participated as a speaker at the 'Careers in Law' event organized by Koç University Career Development Center and Koç University Law Club on Tuesday, December 26, 2023. İrem shared her experiences related to a career in an institutional law firm with law school students, providing information about Gün + Partners' activities, practice areas, the internship application process, and workplace experience.'…