Insights
Creative Signatures: How a Work Reflects Its Author’s Unique Characteristics
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 2022 decision of the Court of Cassation[1] and the recent decision of the 16th Civil Chamber of the Istanbul Regional Court of Appeals[2] have 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… »
An Evaluation on the Trademark Registration of Work Titles
Article 83 of Law No. 5846 on Intellectual and Artistic Works (“LIAW”) stipulates that the names of works can be protected independently of the works themselves under the provisions on unfair competition. Our assessment of this protection is discussed in our article, 'Protection of Work Titles' An important aspect of work title protection is their registration as trademarks. In practice, it is common for elements of cinematographic works, such as characters and locations, as… »
Protection of Work Titles
Work titles, as signs that distinguish one work from others, may also be protected independently of the work itself. Article 83 of the Law No. 5846 on Intellectual and Artistic Works (“LIAW”) provides a general framework for this protection. Although it is stated in judicial decisions that the name of the work, although it is not a work in itself, will benefit from copyright protection as a part of the work only if it emerges as an effort that makes the work effective by… »
Never Ending Delay for Administrative Revocation of Trademarks
In accordance with Article 26 of the Industrial Property Law (“IP Code”) no. 6769, interested persons may request the Office to revoke a trademark pursuant to paragraph 2 of Article 26 and the decision for revocation of a trademark can be taken accordingly. For a long time, the authority to revoke the trademarks belonged to the IP Courts as regulated by the former Decree Law no. 556 on the Protection of Trademarks. However, with the entry into force of the IP Code on January… »
How to Become a Responsible Influencer?
As of January 2024, there are 57.50 million social media users in Türkiye[1], and digital platforms hold the largest share of advertising investments at approximately 71.2% for the year 2024[2]. Within these digital investments, social media influencers account for 5%, underscoring their significant role in shaping consumer behaviour. Given the influence of social media influencers on consumption patterns, the importance of adhering to legal regulations concerning… »
New Rules for Content Ratings in Television Programs
The Regulation on Broadcasting Services (“'Regulation”) was amended by the Radio and Television Supreme Council and these amendments were published in the Official Gazette No. 32575 on 13 June 2024. These recent amendments are particularly relevant for news programs and, in some cases, live broadcast programs. The amendments introduced the following new rules, which are also in concern with the content rating for television programs: The Content Rating requirement is now… »
Data Protection in Advertisements
The Advertisement Board (“Board”), during their meeting dated 12 March 2024 and numbered 343, examined websites that require membership as a pre-condition for making purchase on the website. As part of this examination, the Board assessed whether any additional personal data, beyond the mandatory and necessary information for the purchase process, was requested from consumers, whether the conditions for unsubscribing were more difficult compared to the methods specified for… »
Hidden Traps in Subscription Agreements: Dark Patterns
The Advertisement Board (“Board”) closely monitored dark patterns on online user interfaces that facilitate consumers to enter into subscription agreements, and which might deceive, coerce, manipulate consumers into making choices that may not be in their best interests. Dark patterns are broadly considered deceptive commercial practices under the Commercial Advertising and Unfair Commercial Practices Regulation which defines “The use of guiding interface designs, options, or… »
Decisions of the Advertisement Board on the Use of Google Ads
During its meeting in March 2024, the Advertisement Board examined sponsored advertisements placed by certain companies via Google Adwords/Google Ads, in which registered trademarks of competitor firms were used as keywords. Accordingly, the Board imposed a suspension penalty on advertisements where a company's trade name and trademark used to identify its services were selected as keywords by other companies, on the grounds that such advertisements were misleading to… »
Is It Really Better?
Article 8 of the Regulation on Commercial Advertisement and Unfair Commercial Practices (“Regulation”) permits comparative advertisements under specific conditions. Subparagraph (a) of the paragraph 1 of the article requires that such advertisements “should not be misleading or deceptive”, while subparagraph (f) mandates that “claims based on objective, measurable, and numerical data must be substantiated by scientific tests, reports, or documents”. The Regulation also… »
The New Era in Administrative Sanctions of the Advertisement Board
In 2024, significant changes and developments occurred regarding the administrative sanctions of the Advertisement Board. The Law No. 7529 on Amendments to the Consumer Protection Law and Certain Other Laws, published in the Official Gazette No. 32707 dated 30 October 2024, introduced significant changes as of the date of publication, particularly concerning the administrative fines imposed by the Advertisement Board and the reconciliation against administrative fines. The… »
Turkish Regulation on the Implementation of the Administrative Revocation of Trade Marks Is Finally Published
With the entry into force of the Industrial Property Code no. 6769 (“IP Code”) on 10 January 2017, the administrative revocation of trade marks has been introduced into Turkish Trade Mark Law and revocation proceedings are entrusted to the Turkish Patent and Trade Mark Office (“the Office”) instead of Turkish Courts. However, the implementation of administrative revocation was postponed for 7 years, and during this transition period, revocation requests continued to be filed… »
News and Events
Hande Hançar, Zeynep Çağla Üstün, and Pınar Arıkan Participated in the PatentMeet Mentorship Program
Hande Hançar, Zeynep Çağla Üstün, and Pınar Arıkan will be mentors in the PatentMeet Mentorship Program, which is organized by Patent Effect. Gün + Partners is one of the sponsors of the PatentMeet Mentorship Program, which offers participants who are interested in acquiring knowledge in the protection, management, and development of intellectual property rights or are aspiring to pursue a career in intellectual property the opportunity to have one-on-one mentorship…
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…
Dicle Doğan Honored as Leading Author in Lexology's Q3 2024 Life Sciences Legal Influencers - Europe
Congratulations to Dicle Doğan for being recognized as a leading author in the Lexology Legal Influencers Q3 2024 for Healthcare and Life Sciences - Europe. Lexology’s Legal Influencers recognize thought leaders in the legal industry each quarter. These recognized Legal Influencers consistently provide Lexology subscribers with useful and insightful legal analysis within specific practice areas, regions, or countries.
Dicle Doğan, Has Been Recognized as a Leading Author in the Lexology Legal Influencers
Congratulations to Dicle Doğan for being recognized as a leading author in the Lexology Legal Influencers Q2 2024 for Healthcare and Life Sciences - Europe. Lexology’s Legal Influencers recognize thought leaders in the legal industry each quarter. These recognized Legal Influencers consistently provide Lexology subscribers with useful and insightful legal analysis within specific practice areas, regions, or countries.
We Have Been Selected as the “Patent Litigation Firm of the Year” in Turkey by Global IP Awards 2024
We are delighted to have been named the winner of the Patent Litigation Firm of the Year for Turkey in the Global IP Awards 2024, which recognises the outstanding achievements of law and attorney firms in litigation, prosecution, and transactional work during 2023/2024.
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…
We Ran The 45th Istanbul Marathon for Raising Awareness for The Tohum Autism Foundation
On Sunday, November 5, 2023, we ran the 45th Istanbul Marathon for raising awareness for the Tohum Autism Foundation. We supported “Be the Sunshine for Children with Autism,” project with the goal of providing children with autism the special education they need and ensuring that both children and their families can benefit from educational and healthcare services under equal conditions and opportunities. We thank all our colleagues for their support.…
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…
Özge Atılgan Karakulak Has Been Elected to the Board of Directors of Transparency International Turkey
We are proud to announce that Özge Atılgan Karakulak has been elected to the Board of Directors of Transparency International Turkey (TI Turkey). TI Turkey plays a vital role in promoting transparency, integrity, and accountability across all sectors of society, contributing to the country’s democratic, social, and economic development. We extend our best wishes to TI Turkey for continued success in its important work during the new term.
Mehmet Gün has been listed in IAM Strategy 300: The World’s Leading IP Strategists 2024
Mehmet Gün, our founding partner, is listed in IAM Strategy 300: The World’s Leading IP Strategists 2024. IAM Strategy 300 is an annual research project that identifies top practitioners who are taking IP portfolio management to the next level. These individuals are leading the way in developing and implementing strategies that maximize the value of IP portfolios.
Our Anti-Counterfeiting Team Delivered Presentations at Sessions Organized by the General Directorate of Customs
Our Anti-Counterfeiting team delivered presentations at the in-service training sessions organized by the General Directorate of Customs on July 9-10, 2024, in Istanbul. These sessions, attended by customs officers from Istanbul Customs and Foreign Trade Regional Directorate, focused on the protection of intellectual and industrial property rights at customs. Our lawyers represented clients from the pharmaceutical, food, luxury consumer goods, automotive and spare…