Insights
Amendments on the Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board
Merger and Acquisitions of 2021 Being 309 merger and acquisition notifications were notified to and reviewed by the Turkish Competition Authority (“TCA”) in 2021. TCA has granted authorization to 277 of them, conditional authorization to 3 of them, and has found that 29 of them are not subject to an authorization at all. It is seen that 37 of the merger and acquisition notifications examined in 2021, were related to the chemical and mining sectors, 32 of them were related to… »
Alternative Remedy for Anticounterfeiting: Complaint Before Advertisement Board
In its recent decisions[1], the Advertisement Board imposed sanctions against the advertising of counterfeit products that were sold and advertised as genuine products on various websites Instagram pages, according to Law No. 6502 on Protection of the Consumer (“Consumer Protection Law”) and the Regulation on Commercial Advertisement and Unfair Commercial Practices (“Advertising Regulation”). The complaints subject to these decisions are based on the fact that the… »
Comparing the Role of the DPO Under the GDPR and Turkish law
Appointment of a data privacy officer is regulated in detail under the EU General Data Protection Regulation. Mandatory DPO appointment is imposed under certain circumstances, and legal requirements are determined for the DPO role in terms of qualification as well as authorization. Under the Law on Protection of Personal Data numbered 6698 in Turkey, there is no legal requirement to appoint a DPO for data controllers, but there is a role introduced for the purposes of… »
Commitments on The Transfer of Data Abroad
In lieu of a comprehensive list of countries that personal data can be transferred to freely, the procedure for data transfers outside of Turkey is more complicated than most. Begüm Okumuş and Selin Başaran Savuran, Managing Associate and Senior Associate respectively at Gün + Partners, explore this process and how it is likely to evolve in the future. In an increasingly digitalised and globalised world, the need for transferring personal data abroad is inevitable and… »
Using Foreign Currency Loans from a Group Company as an Alternative Financing Source
The data of the Central Bank of the Republic of Turkey indicate that the private sector’s loan debt from abroad and short-term loan debt in general, excluding commercial loans, have reached a level that will cause economic uneasiness. Due to economic fluctuations and the following pandemic, the financing needs of companies are increasing day by day. Companies may need to increase their capital in order to meet these financing needs, to evaluate their idle resources and to… »
Changes in Anti-Money Laundering Legislation in the First Half of 2021
The first six months of 2021 have witnessed significant amendments to the legislation on the prevention of money laundering and financing of terrorism. In fact, this trend started by the end of 2020. The Law on the Prevention of the Financing of the Proliferation of Weapons of Mass Destruction No. 7262 was published in the Official Gazette on December 31, 2020, and introduced substantial changes to numerous legislation such as the Turkish Commercial Code, the Law on Cheques… »
The Guideline on Commercial Advertisement and Unfair Commercial Practices Conducted by Social Media Influencers Has Been Published
“The Guideline on Commercial Advertisement and Unfair Commercial Practices Conducted by Social Media Influencers” (“Guideline”), which was prepared based on Consumer Protection Law numbered 6502 (“Consumer Protection Law”) to serve as basis for commercial advertisements and unfair commercial practices run by Social Media Influencers has been enacted by Advertisement Board and entered into force as per its decision numbered 2021/2 and dated 4 May 2021. Pursuant to the… »
Extended deadline for product promotion representatives to obtain certificate of competency
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 16 November 2019, a Regulation amending the Regulation on Promotional Activities of Human Medicinal Products (Turkish language) was published in the Official Gazette (numbered 30950). The amendment extends the period during which product promotion representatives can obtain their certificate of competency. Pursuant to the Regulation on Promotional Activities of Human Medicinal Products, product promotion representatives for… »
Extension of the Deadline Regarding Amendments to the Communiqué With Respect to Capital Loss and Negative Equity
The Communiqué (the “Amending Communiqué”) published in the Official Gazette on November 8, 2022, extended the deadline provided under Provisional Article 1 of the Communiqué on the Procedures and Principles Regarding Implementation of Article 376 of the Turkish Commercial Code No. 6101 (the “Implementation Communiqué”). The Implementation Communiqué was previously amended on December 26, 2020, and certain loss items were excluded from the calculation of capital loss or… »
A Fairer Way to Determine Royalties in Turkish Compulsory Licensing
Compulsory licensing, which is regulated by both Article 99 of the repealed Decree Law 551 and Article 129 et seq of the Industrial Property Law, which follows Article 31 of the Trade-Related Aspect of Intellectual Property (TRIPs), is a fairly recent institution in Turkey. However, covid-19 has given new urgency to the debate on this issue. Even though it has never actually been applied, compulsory licensing has been widely discussed, not only as a convenient tool to… »
Declaration of Use and Compulsory License
The new IP Law (the “Law”) numbered 6769 abolished the provisions on “The use requirement of patents,” and “The evidence of use” of the Decree Law Pertaining to the Protection of Patent Rights. The Law now focuses on the requirements of use for patents within the provision of a Compulsory License. Accordingly, a patent owner must make use of the patented invention within three years following publication of its granted decision in the Official Bulletin (‘the Bulletin’), or… »
Countdown to Revocation Requests at The TPTO
In one year’s time, trade mark revocation proceedings will be possible before the Turkish Patent and Trademark Office (TPTO). Güldeniz Doğan Alkan and Cansu Evren discuss the changes. Article 26 of the IP Code After years of proceeding with a Decree Law, the Intellectual Property Code no. 6769 entered into force in Turkey on 10 January 2017. Article 26 of the IP Code regulates the revocation of a trade mark registration. It foresees that the trade mark shall be revoked in the… »
News and Events
Gün + Partners Top Ranked by WTR 1000 2022
We are pleased to announce that we have been named as the top tier firm and our 8 practitioners are recognized as the leading individuals in the World Trademark Review (WTR) 1000: The World’s Leading Trademark Professionals 2022. The resource identifies the leading trademark practitioners and firms from around the globe, offering the definitive ‘go-to’ guide for those seeking legal trademark expertise.…
Announcement of 2021 Partner Promotions
We are pleased to announce the continued growth of our firm with the promotion of Begüm Yavuzdoğan Okumuş, Beril Yayla Sapan and Görkem Bilgin to partner in our corporate and commercial practice areas taking effect from 1 October 2021. https://gun.av.tr/people
Özge Atılgan Karakulak Moderated a Panel at IBA - Virtual Fever the New Pandemic Conference
Özge Atılgan Karakulak, co-chair of IBA - IP and Entertainment Law Committee, was the co-moderator of the "Have patents cured Covid-19?" panel at IBA - Virtual Fever the New Pandemic Conference in Berlin, Germany. https://www.ibanet.org/session-details/se_85026
We Are Honored to Be Named "Law Firm of the Year in Southeast Europe Region" by LMG's Life Sciences Awards 2021
We are honored that our firm has been named "Law Firm of the Year in Southeast Europe Region" by Euromoney Legal Media Group's European Life Sciences Awards 2021. https://awards.lmglifesciences.com/Europe2021/life-sciences-europe-winners-24512O-15377HJ.html#Jurisdiction-awards
Implementation and Updates of Mandatory Mediation for IP Related Monetary Claims in Turkey
How to apply mandatory mediation provisions, when monetary and non-monetary IP claims are combined in a single action? Let’s find out the answer in light of the recent Turkish Court of Cassation decisions, in our video! Further details are available in our thought leadership paper.
The Legal 500 EMEA 2021 Results Are Announced
We are delighted to have been named as one of the major domestic firms of Turkey by The Legal 500 EMEA 2021 and to have the “Top Tier” rankings in 6 out of 9 practice areas we are ranked. We are proud that our 5 lawyers are recognized as "Leading Individual", 3 lawyers as "Rising Stars" and 3 lawyers as “Next Generation Partners” in their practice areas. https://www.legal500.com/firms/10998-gun-partners/11375-istanbul-turkey/#rankings
We Are the "Firm of the Year" by Managing IP EMEA Awards 2021
We are honored to have been selected as the "Firm of the Year" in "Trademark" and "Patent" categories in Turkey by Managing Intellectual Property EMEA Awards 2021 which are presented to firms, individuals and companies behind the most innovative and challenging IP work of the past year, as well as those driving the international IP market.
We are pleased to announce our new partners, Aysel Korkmaz Yatkın and Filiz Toprak Esin, effective from 1 January 2020.
AYSEL KORKMAZ YATKIN Practice Areas Intellectual Property Patents and Utility Models Dispute Management Aysel Korkmaz Yatkın joined the firm in 2008 and became a partner in 2020. She specializes in intellectual property with a special focus on patents and utility models.With almost 12-years of experience on patents, she has been providing consultancy on all matters related to the patent law and has been leading numerous patent…
We are attending IBA Annual Conference in Rome
Our partners Özge Atılgan Karakulak, vice chair of IBA IP and Entertainment Law Committee, and Pelin Baysal, former secretary of IBA Insurance Committee will be attending the IBA Annual Conference 2018 in Rome from 7th to 12th of Oct 2018. Please contact gun@gun.av.tr if you wish to meet with them. https://www.ibanet.org/Conferences/Rome2018.aspx
We have hosted Biolegis Meeting in İstanbul
We have hosted Biolegis Meeting 2018 in Istanbul on 13-14 Sep 2018 with the attendance of @Biolegis member law firms and corporate counsels of life science companies. Our lawyers @Ozan Karaduman and @Begüm Yavuzdoğan Okumuş with @Funda Ekincioğlu from @MSD Turkey shared their experiences on processing personal health data in life science under the #GDPR and Turkish Law on Protection of Personal Data”. Biolegis is a pan-European network of law firms with in-depth expertise…
Özge Atılgan Karakulak and Selin Sinem Yalıncaklı spoke on in MIP International Patent Forum 2019
Özge Karakulak and Selin Sinem Erciyas, partners in our Patents & Utility Models and Life Sciences practices, shared recent developments in Turkey on use requirement and compulsory license and patent enforcement in government's alternative supply methods at MIP-International Patent Forum 2019 in London on Mar 7. http://www.managingip.com/stub.aspx?stubid=34820
Our theme for our World Intellectual Property Day event is “Women in IP, from Creation to Protection of Rights”.
We have set the theme for our World Intellectual Property Day event as “Women in IP, from Creation to Protection of Rights” to encourage participation of women in IP system in respect of innovation, creativity and protection of rights in Turkey. The event was opened with a speech of Professor Rana Sanyal, a scientist and entrepreneur. Our lawyers and world-renowned local and foreign speakers addressed the latest developments in IP law during the panels focused on…