Insights
The First of its Kind: Compensation for Damages Caused by Unfair Preliminary Injunction Decisions in the Pharmaceutical Industry
One must have deep knowledge and experience in many different disciplines to play a role in the solution of complex and multi-layered patent law disputes. One of the most important examples of this situation are compensation actions filed following the abolition of preliminary injunctions in patent disputes related to the pharmaceutical industry. As a matter of fact, the decisions of the courts of first instance and the Court of Appeal in these types of cases give direction… »
Insurance Disputes Comparative Guide
What mechanism do insurance policies usually provide for resolution of coverage disputes? State Courts In Turkish insurance policies, the usual dispute resolution mechanism provided for resolution of coverage disputes is litigation before state courts. As a rule, insurance disputes are resolved before commercial courts. However, insurance disputes regarding maritime law are resolved before specialized courts of maritime and insurances disputes where the insured is a consumer… »
Advertisement Board: Use of Competitors' Trademarks as Keywords Leads to Unfair Competition
Google Adwords / Google Ads, a type of commercial advertising that has emerged as a result of technological developments, allows advertisers to select keywords related to the product or service they offer and to help determine when and where the ad can be displayed. In this context, Google does not automatically prevent the advertiser from using trademarks or commercial names belonging to competitors in their advertisements. In Google Adwords ads, whoever pays the highest… »
Recent Changes Regarding the Determination of Companies Subject to Independent Auditing
The Decision Amending the Decision on Determination of Companies Subject to Independent Auditing ("Amendment Decision") was published in the Official Gazette dated April 6, 2024. The Amendment Decision provides significant changes to the independent auditing thresholds compared to the Decision on Determination of Companies Subject to Independent Auditing, which was put into effect by Presidential Decree No. 6434 and applied until January 1, 2024 ("Decision"). Accordingly… »
Ban on Foreign Currency Payment in Certain Sale of Goods Contracts Lifted
With the amendment made to the Communiqué on the Decree numbered 32 Regarding the Protection of the Value of the Turkish Currency (the "Communiqué"), effective as of April 21, 2022, for buyers residing in Türkiye, except for vehicle sale contracts, in the event that there is an agreement in the sale of goods contracts that all payments under the contract are to be made in foreign currency or indexed to foreign currency, it was regulated that these obligations must be… »
It’s Time for Administrative Revocation of Trademarks!
Before the Industrial Property Law (“IP Code”) no. 6769 entered into force on January 10, 2017, procedures related to trademark rights were governed by the former Decree Law no. 556 on the Protection of Trademarks (“Decree Law”). While revocation of trademarks is dealt with by both pieces of legislation, the introduction of the IPL brings a major change to Turkish Trademark Law, stating that requests for revocation of trademarks must be filed with the Turkish Patent and… »
Guideline on The Processing of T.R. Identity Numbers Published By The Personal Data Protection Authority
Within the scope of the Law No. 6698 on the Protection of Personal Data ("Law"), the Turkish Republic Identity Number ("T.R. ID Number") information of individuals is not included in the category of sensitive personal data, but rather is evaluated within the scope of identity data in the general category of personal data. However, in practice, the direct processing of the T.R. Identity Number data while the same data processing purpose could be achieved by processing… »
Determination of Royalty in Case of Compulsory License
The institution of “compulsory licensing”, which is regulated firstly in Article 99 of the repealed Decree-Law No. 551 and then, under Article 129 et seq. of the Industrial Property Law (“the IP Code”) in force, as a reflection of TRIPS Article 31, has not been needed to be implemented for long years in our country [Turkey]. However, with the outbreak of the COVID-19 pandemic, it has suddenly gained popularity since it is regarded as a “convenient” tool for abrogating patent… »
Declaration on Use of Patent and Compulsory License
The new IP Codenumbered 6769 abolished the provisions on “the use requirement of patents” and “the evidence of use” of the Decree-Law About the Protection of Patent Rights. The IP Code now focuses on the requirements of use for patents within the provision of a Compulsory License. Accordingly, a patent owner must use the patented invention within three years following the publication of its granted decision in the Official Bulletin (‘the Bulletin’) or within four years from… »
New Law on E-Commerce Obliges Platforms to Remove Infringing Content
A new law (No 7416) regarding e-commerce ― announced in the Official Gazette dated 7 July 2022, and coming into effect 1January 2023 ― will oblige sites to take down a product if they receive a legitimate complaint arguing that there is a violation ofintellectual and industrial property rights on their platform. The basic regulation concerning the responsibilities of e-commerce sites regarding the content that they host was included inLaw 5651 on the Regulation of Internet… »
Combating Counterfeit Hygiene Products, Along With COVID-19
Turkey’s first official diagnosis of COVID-19, which is considered to have begun in China’s Whuan city in December 2019 and which has spread to millions worldwide in the following months, was announced on 11 March 2020. Following the first case reported in Turkey and basically due to sudden increase in the demand for products such as masks, disinfectants, detergents; a direct increase has also been observed in the supply of counterfeit products to the market, which are… »
Turkish Court of Cassation’s Recent Decision on Search and Seizure Orders is Strengthens the IP Owners’ Position
In Turkey, following the criminal complaint route against counterfeits is very effective, yet several criminal courts are becoming rather hesitant to grant search & seizure warrants. The most problematic courthouse in this respect has been Istanbul Courthouse for quite some time and this courthouse is very important as its jurisdiction covers very significant locations for brand owners, such as Grand Bazaar, Taksim, Tahtakale etc.. The criminal courts of Istanbul… »
News and Events
Güldeniz Doğan Alkan and Mutlu Yıldırım Köse Attended the MARQUES 38th Annual Conference in Stockholm
We are excited to announce our participation in the 2024 MARQUES Annual Conference in Stockholm and warmly invite you to meet with us during the event. Güldeniz Doğan Alkan and Mutlu Yıldırım Köse will be representing Gün + Partners at the conference. This year’s Annual Conference sessions will cover diverse topics including: litigation and public opinion; working in areas outside your comfort zone; understanding local traditions; navigating consumer values; successful…
SUSTAINABLE DEVELOPMENT CANNOT BE ACHIEVED WITHOUT WOMEN
Türkiye’s report card for gender equality is highly disappointing. According to the World Economic Forum’s 2023 Gender Inequality Report, Türkiye is ranked 129 out of 146 countries (5 ranks below compared to 2022, and ahead only of countries such as India, Tunisia, Jordan, Nigeria and Gambia). The report includes sub-indicators such as equal opportunity, women’s participation in the economy, opportunities for education, health and women’s empowerment in politics. In regard…
The Amended Turkish Animal Protection Act
Amendments to the Turkish Animal Protection Act, also known as the “Draft Bill Regarding Stray Animals”, have recently occupied the public agenda due to the proposed amendments. The proposed amendments are not in any way acceptable, whether it be in terms of public conscience, or in terms of progressive legal order. Although the proposed amendments were brought to agenda with the claim that the regulations of the existing Animal Protection Act are insufficient, it is…
Mehmet Gün, Özge Atılgan Karakulak and Selin Sinem Erciyas are Listed in IAM Global Leaders 2025
We are pleased to announce that our founding partner Mehmet Gün and partners Özge Atılgan Karakulak and Selin Sinem Erciyas, have been recognized as IAM Global Leaders for the year 2025. This prestigious distinction is reserved for individuals who attain the gold tier ranking in the IAM Patent 1000, an authoritative directory that identifies the foremost law firms and attorneys in key patent jurisdictions around the world. This recognition reflects our firm’s commitment to…
We attended the 10th Annual IBA World Life Sciences Conference in Madrid
The 10th Annual IBA World Life Sciences Conference took place on 30-31 May 2024 in Madrid, Spain. In a conference spanning two days, legal experts from the industry, authorities, and private practice discussed key developments in all aspects of the healthcare and life sciences sectors, including new regulatory requirements in the EU and the US, Transatlantic Review of Patent Litigation, Effective Resolution in Life Sciences Collaborations, Interoperability and Digital…
Direnç Bada, was Recently Featured in the CNBC Documentary, "Ozempic Underworld - The Black Market of Weight Loss Drugs"
We are pleased to announce that our Managing Associate, Direnç Bada, was recently featured in the CNBC documentary, "Ozempic Underworld — The Black Market of Weight Loss Drugs." In his interview, Direnç, highlighted the growing concerns over counterfeit and diverted weight loss medications circulating in the market. "Despite the strict prohibition on selling these products online in Turkey, we are seeing a troubling rise in both online platforms and broader market channels…
We are Attending the IBA Annual Conference in Mexico City
We are excited to announce our participation in the International Bar Association (IBA) Annual Conference 2024 in Mexico City and warmly invite you to meet with us during the event. Representing Gün + Partners at the conference will be Görkem Bilgin, Özge Atılgan Karakulak, Advisory Board Member of the IP and Entertainment Law Committee, and Uğur Aktekin. As an independent law firm recognized internationally among the top-tier legal services providers, we pride ourselves on…
We Are the "Top Tier Firm" by Managing IP STARS 2024 Copyright Rankings
We are thrilled to announce that Gün + Partners has been top-ranked by Managing IP’s IP STARS 2024! Our team has been recognized as a top-tier firm in Copyright & related rights. IP STARS is the leading specialist guide for companies or individuals looking for experienced legal practitioners to deal with contentious and non-contentious intellectual property issues.
Our Electricity Turned "Green"!
Dear Friends and Colleagues, We have great news for you! As of June 2024, we have started using renewable energy sources for the electricity we consume at our headquarters. Prioritizing sustainable environmental policies in our firm’s operations is a part of our action plan that we created to combat climate change. To reduce our offices’ greenhouse gas emissions, we switched the electricity used in our main building in Istanbul to YEK-G certified renewable energy, provided…
Gün + Partners Top Ranked by IP STARS - Patent 2024
We are thrilled to announce that Gün + Partners has been top-ranked by Managing IP’s IP STARS 2024! Our team has been recognized as a top-tier firm in patent disputes and a tier 2 firm in patent prosecution. Additionally, three of our practitioners have been listed among the patent stars by IP STARS 2024. IP STARS is the leading specialist guide for companies or individuals looking for experienced legal practitioners to deal with contentious and non-contentious intellectual…
Hande Hançar Elected as the Chair of the Board of Directors of LES Turkey
We are proud to announce that Hande Hançar has been elected as the Chair of the Board of Directors of LES Turkey, Technology and Licensing Executives Society, for the 2024-2027 term. The mission of LES Turkey is to facilitate the global transfer of technology, the licensing of intellectual property, and the use of intellectual property at high standards within professional business life in accordance with relevant rules and regulations. This is achieved by creating a…
IAM Patent 1000 - The World's Leading Patent Professionals Rankings 2024 Announced
The 2024 edition of the IAM Patent 1000: The World’s Leading Patent Professionals has been released online. We are proud to announce that we have been recognised as the top tier firm and our 8 practitioners are recognized as the leading individuals in the IAM Patent 1000 - The World's Leading Patent Professionals 2024. The IAM Patent 1000 is a comprehensive directory that identifies the top patent professionals and expert witnesses globally, based on extensive research and…