Insights
The ELECTRIC PLAYGROUND Case: a Controversial Approach to Descriptiveness and Distinctiveness
ELECTRIC PLAYGROUND was found descriptive and devoid of distinctiveness in Türkiye, but was registered as a trademark for the same services in the US The approach adopted by the Turkish IP Office and courts was arguably excessive and disproportionate The application was refused for sports, culture and entertainment services in Class 41 A recent IP case has evaluated the descriptiveness and distinctive character of English-language word marks with respect to Turkish… »
Constitutionality of the Turkish Competition Authority’s Power to Conduct On-Site Inspections in Light of the Decision of the Turkish Supreme Court Issued on 23/3/2023
ABSTRACT In Turkish and European Union competition law practices, competition authorities are vested with various powers aimed at protecting competition, by investigating, inquiring, detecting, and terminating competition infringements. The scope and extent of these powers have been the subject of numerous debates and legal cases. Most recently, the Turkish Constitutional Court’s decision issued on 23/3/2023, which ruled that the Turkish Competition Authority’s power to… »
The Court of Cassation’s Approach to Proving Overtime Through Witness Testimony
An employee who claims to have worked overtime and demands overtime pay from the employer bears the burden of proving this claim. At this point, the employee may rely on written evidence such as workplace records, documents indicating entry to and exit from the workplace, and internal workplace correspondence. However, if an employee is unable to prove the overtime work through such written evidence, the employee may also substantiate her/his claims through witness testimony.… »
Pricing Applications for Authorized Medicines Under the Alternative Reimbursement Scheme
On March 27, 2025, the Turkish Medicines and Medical Devices Agency (“Agency”), issued an announcement regarding the first application procedures for the pricing of authorized pharmaceuticals subject to alternative reimbursement models. As per the provisions outlined in the legal framework for the pricing of medicinal products, the Decision on the Pricing of Medicinal Products for Human Use numbered 2017/9901 (“Decision”), and the Communiqué on the Pricing of Medicinal… »
Long-awaited Secondary Legislation for Administrative Revocation of Trademarks Finally Published
The Patent and Trademark Office obtained the authority to revoke trademarks on 10 January 2024 Fourteen months later, the office published a regulation concerning the implementation of the administrative revocation of trademarks A key novelty is that, in addition to the application fee, the requesting party must also pay an escrow fee Background The administrative revocation of trademarks was introduced with the entry into force of the Industrial Property Code No 6769 on… »
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. Within this scope, the European Union (“EU) adopted the Directive on Copyright in the Digital Single Market (“the Directive”) to improve copyright laws to better address the challenges arising from the complexities brought by the digital environment. The Directive, as we reported in our articles published in previous years[1], brings… »
“7 Notes” and the Dilemma of Originality: The Limits of Plagiarism and Inspiration in Musical Works
Although “plagiarism” is not defined under Law No. 5846 on Intellectual and Artistic Works (“LIAW”) it is widely accepted in Turkish law as the act of using and appropriating the intellectual or artistic work of another without the permission of the owner. Similarly, “inspiration”, which does not have a clear definition or criteria in the LIAW systematic, means the creation of a new and original work by being influenced by another work. While drawing inspiration from existing… »
The Impact of Artificial Intelligence on the Music Industry
One of the most striking developments in the music industry in 2023 was the release of the song “Heart on my Sleeves” by an anonymous user named “Ghostwriter” using the AI-created voices of world-famous singers Drake and the Weekend. However, the song “Heart on my Sleeves” did not exist in the music market for a long time due to the removal of the song from the relevant platforms after Universal Music filed a notice of intellectual property infringement. Although the song was… »
Protection of Digital Fonts Under Copyright and Design Law
Digital fonts combine aesthetics and functionality as a key element of modern design and digital communication. A digital font consists of codes that define how it shall appear on screen[1]. These codes enable fonts to be created and used in the digital environment. In this scope, whether fonts expressed as computer software can be protected under the umbrella of intellectual property law has been subject of various debates. This article aims to discuss how fonts can be… »
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… »
The Karalis Case: A 20-Year Legal Odyssey
More than 20 years of copyright litigation has finally ended in favor of Yannis Karalis a Greek composer and lyricist. While the dispute has made a lot of noise with the inclusion of prominent names in the music industry among the defendants, it also draws attention to the problematic points in the judicial system in terms of the length of the trial process. As discussed in our previous article, in the context of the relevant dispute, Yannis Karalis (the Claimant) filed an… »
Bit Palas vs. Sinek Sarayı: A Debate on Plagiarism in Creative Works
“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… »
News and Events
Zeynep Çağla Üstün Speaks at "Lawyers at Work" Event
Our senior associate Zeynep Çağla Üstün participated as a speaker at the "Lawyers at Work" event organized by ELSA Ankara on Saturday, December 16, 2023. Zeynep shared her experiences related to a career in an institutional law firm with law school students, providing information about Gün + Partners' activities, practice areas, internship opportunities, and workplace experience.…
Havva Yıldız Spoke at Bahçeşehir University
Havva Yıldız participated as a speaker in an event organized within the scope of the PALS and IGUL programs by Bahçeşehir University Faculty of Law. During the event, she shared the fundamental concepts of Intellectual Property Law and the career opportunities in this field with the students.
We Hosted ELSA İzmir, Where İrem Girenes Yücesoy and Begüm Soydan Sayılkan Shared Their Experiences
We hosted ELSA İzmir on December 06, 2024, where our managing associates İrem Girenes Yücesoy and Begüm Soydan Sayılkan shared their experiences of pursuing a career at an institutional law firm with the members. They provided insights into Gün + Partners' activities, practice areas, internship opportunities, and workplace experience.
Canan Tınaz Will Attend the 2024 Trademark Administrators & Practitioners (TMAP) Meeting in Pennsylvania
We are pleased to announce our participation at the 2024 Trademark Administrators & Practitioners (TMAP) Meeting, which will be held in Pennsylvania on September 22-24, 2024 and extend an invitation for a potential meeting during the event. Canan Tınaz will be representing Gün + Partners at the meeting. The 2024 Trademark Administrators & Practitioners (TMAP) Meeting is this year’s premier event for trademark administrators, paralegals, young practitioners, and…
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…
Meet us at the 2024 AIPPI World Congress in Hangzho
Gün + Partners' AIPPI team is excited to attend the AIPPI World Congress in Hangzhou this year. The AIPPI World Congress brings together professionals, experts, and stakeholders from around the world in the field of intellectual property (IP) to network, exchange knowledge, and foster business development. Representing Gün + Partners at the conference will be Aysel Korkmaz Yatkın (Partner in patents and utility models practice) and Zeynep Seda Alhas (Partner in trademarks…
Pınar Arıkan Will Attend the FICPI 22nd Open Forum in Madrid
We are excited to announce our participation in the FICPI 22nd Open Forum in Madrid and warmly invite you to meet with us during the event. Pınar Arıkan will be representing Gün + Partners at the forum. More than 20 years’ of experience has won the FICPI Open Forum a strong reputation for high-quality working sessions, with a special focus on best practices in IP firm management.
Mehmet Gün Has Been Listed in IAM Strategy 300 Global Leaders 2025
Mehmet Gün, our founding partner, is listed in IAM Strategy 300 Global Leaders 2025. Since its inception the IAM Strategy 300 is showcasing the top experts in the IP world. It is the only resource of its kind, acknowledging leaders from across in-house, private practice and service provider roles. A slot in the 300 is the mark of a professional whose approach to intellectual property is regarded by peers as truly strategic in nature.
Our Lawyers Have Been Recognised as Mondaq Thought Leading Authors
We are delighted our lawyers have been recognised as Mondaq Thought Leading Authors for the below categories at the Mondaq Autumn 2024 awards. Intellectual Property and Technology: European Union Artificial Intelligence Act Approved: What Does It Entail in Terms of Copyrights? Mondaq Autumn 2024 Thought Leadership Awards, showcase top authors based on total readership between April and September 2024, showing an overall award winner across 17 countries and separate awards…
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…
Özge Atılgan Karakulak, Was the Trainer of “Top Case Studies in Patent Litigation” at IP Camp 2024
Özge Atılgan Karakulak, a partner in our patent and utility models practice, was the trainer for the session "Top Case Studies in Patent Litigation" at IP Camp 2024. IP.CAMP is the leading training event in the field of Intellectual Property Management and Licensing, organized by LES-Turkey since 2014.