Insights
PTO Issues Exemplary Decision Clarifying Concept of ‘Bad Faith’
The PTO has refused an application for MA MONDE FRESHEN UP & SHINE following an opposition by a foreign cosmetics company The fact that the applicant sought to register a sign identical to the opponent’s trademark could not be a mere coincidence The Trademarks Department also considered the opponent’s trademark registrations and usage abroad, as well as the applicant’s bad faith The Trademarks Department has found that the application for MA MONDE FRESHEN UP &… »
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… »
European Union Artificial Intelligence Act Approved: What Does It Entail in Terms of Copyrights?
*The Artificial Intelligence (“AI”) Act was approved by the members of the European Parliament on March 13, 2024. Although the AI Act does not include a direct regulation in regard to copyrights, it is seen that the obligations imposed on AI providers in Article 53 are intended to prevent copyright infringements. Generative AI models such as ChatGPT, BERT, LaMDA, DALL-E2, which enable the creation of original content by processing data such as text, image and sound, are now… »
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… »
Turkish Medicines and Medical Devices Agency Published the Industry Report on Medical Devices
On April 4, 2024, the Industry Report on Medical Devices, prepared by the Turkish Medicines and Medical Devices Agency ("Agency") to present the current state of the market together with recent developments in the medical device industry, was published on the Agency’s website. The Industry Report on Medical Devices includes assessments of global developments in the medical device industry, statistical information on the Turkish market, and explanations of the current… »
How to Evaluate Social Responsibility in Advertisements?
The Advertisement Board ("Board") made a striking decision at its meeting on January 9, 2024. The decision is based on the provision of the Regulation on Commercial Advertising and Unfair Commercial Practices ("Regulation") which emphasizes the necessity of taking economic and social responsibility into consideration in advertisements. The decision in question pertains to the introduction of the collection titled “The Jacket” by the global textile giant Zara on their… »
FILA v EILO: Re-examination and Evaluation Board Carries out Global Appreciation of Visual Aspects of Conflicting Marks
FILA Luxemburg SARL opposed the registration of the figurative mark EILO based on the earlier well-known FILA marks While the Trademarks Department rejected the opposition, the Re-examination and Evaluation Board decided in the opponent’s favour The board notably concluded that the application was similar to the FILA marks in its overall appearance The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office has recently rejected a trademark… »
Artificial Intelligence (AI) and Copyright
AI technologies and generative AI models enabling the creation of original content by processing text, images, sound and other data have been a hot topic of this year. Should the outputs generated by AI be copyrighted work, if so who owns the rights, and copyright infringement by use of AI have been widely discussed. The general rule appears to be that an AI cannot have rights to the works it generates and that only human creativity can enjoy copyright protection. In the… »
Private Mergers and Acquisitions 2024 in Turkey: Overview
Corporate Entities What are the main corporate entities commonly involved in private acquisitions? In the context of private M&As, the most popular company structures among the various types available under the Turkish Commercial Code are: Joint stock companies (JSCs). Limited liability companies (LLCs). The corporate veil principle applies to both JSCs and LLCs. In a JSC: Shareholders can freely transfer their shares to others without the approval of the general… »
Strategic Battlefield in Combating Counterfeiters: Turkish Riviera, West and South Coast of Türkiye
With a coastline of almost 9,000 kilometers and over 550 blue flag beaches, Türkiye welcomes millions of domestic and foreign tourists during the summer season each year. The most popular area for summer vacations is known as the Turkish Riviera, comprising the cities of Antalya and Muğla in particular, and also some parts of Aydın and Izmir, encompassing the main districts of Alanya, Antalya, Kemer, Fethiye, Marmaris, Bodrum, Kuşadası and Çeşme from the south to the west… »
Examination of Novelty of Designs in Türkiye
A decision of 29 March 2023 of the General Assembly of the Turkish Court of Cassation has clarified whether the examination of lawfulness of the Turkish Patent and Trademark Office’s decision on absolute novelty of a design is limited to the evidence submitted in the opposition process or whether ex officio examination can be conducted at any phase. Güldeniz Doğan Alkan and Hatice İnci Turan report for Class 99. The facts of the case The design subject to the opposition The… »
Insurance Litigation 2024 in Turkey
ForaIn what fora are insurance disputes litigated? In the Turkish judicial system, in principle, insurance disputes are resolved by the commercial courts, irrespective of the amount or value of the dispute. On the other hand, insurance disputes arising out of maritime law are heard by a specialised commercial court. Insurance disputes to which a consumer is a party are heard by consumer courts. If a province has no specialised or regular commercial court, disputes are heard… »
News and Events
Selin Sinem Erciyas Spoke at Intellectual Property and Innovation Summit 2023, Europe
Managing IP’s Intellectual Property and Innovation Summit - Europe, took place at The Leonardo Royal Hotel London City, London on 7 - 8 June. Selin Sinem Erciyas, partner in our patent and utility models practice, spoke at "What are the latest legal developments impacting the life sciences industry?" panel.
Özge Atılgan Karakulak Co-chaired 9th Annual IBA World Life Sciences Conference
The 9th Annual IBA World Life Sciences Conference took place on 1 - 2 June 2023 in Washington DC, USA. Özge Atılgan Karakulak, partner in our Life Sciences practice and Advisory Board Member of IBA Intellectual Property and Entertainment Law Committee, was the co-chair of the conference and she co-moderated the “Significant International pos-pandemic IP policies. A worldwide review” panel on 2nd of June.
Better Justice Association presents judicial reform proposals to politicians and global legal experts at the European Parliament and UK House of Lords
Gün + Partners believes that it will be possible for Turkey to achieve an advanced level of welfare for its citizens and for it to take its position among the developed countries by asserting the rule of law and through promoting an advanced democracy. The Turkish judiciary needs to be efficient, transparent and totally independent in order to ensure the rule of law. In keeping with this belief, we make every possible effort support Better Justice Association’s activities…
Congratulations to Our Practitioners Recognized by WWL, They Have Listed Among the Best Professionals in Their Expertise
Congratulations to our practitioners recognized by WWL, they have listed among the best professionals in their expertise. WWL findings are based on recommendations and feedback from eminent private practitioners in the sector or industry in question as well as from corporate counsel or other clients who have worked closely with the nominees. Over the past 24 years, WWL is one of the most trusted resources for in-house counsel, government, agency and other legal…
We Are the "Firm of the Year" by Managing IP EMEA Awards 2023
We are honored to have been selected as the "Firm of the Year" in "Patent Prosecution", "Patent Disputes" and "Copyright" categories in Turkey by Managing Intellectual Property EMEA Awards 2023 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. The award ceremony attended by representatives of the world's leading law firms and consultancy firms…
Baran Güney Spoke at "Global Advertising Law Year in Review" Webinar by GALA
Baran Güney, senior associate in our TMT practice, talked about ''Overview of some of the key developments in advertising law over the last year in Turkey at "Global Advertising Law Year in Review" webinar by GALA
Barış Kalaycı Spoke at Anti-Counterfeit & Brand Protection Conference
Barış Kalaycı, partner in our anti-counterfeiting practice was the chairperson of day one at EMEA Security Conference & Exhibition | High Security Printing, Anti-Counterfeiting & Brand Protection. Barış Kalaycı spoke on "The Global threat of Trade in Falsified Medicines: A Danger to Health and Development" panel.
Hande Hançar Spoke at "New Developments in Environmental Marketing Regulation, Europe" Webinar
Hande Hançar, partner in our TMT practice, discussed about the recent developments in the laws and standards governing environmental marketing in Europe with lawyers from the GALA (Global Advertising Lawyers Alliance) at "New Developments in Environmental Marketing Regulation, Europe" webinar by IAA (International Advertising Association).
Webinar: World IP Day – Conversation on Women and IP: Accelerating Innovation and Creativity
Gün + Partners celebrated the World IP Day with webinars. Enjoy the fireside chat between Mutlu Yıldırım Köse and our guests Prof. Özlem Er and Prof. Şebnem Timur. This webinar concentrates on why it’s important to increase the IP awareness of women for accelerating innovation and creativity and they will be discussing on below topics. The role of women in industrial design Importance of IP for designers, importance of protecting their designs IP disputes/problems that…
Umut Acar Will Moderate ''Peer Relationships – Unlocking the Potential to Grow Your Practice or Career'' Webinar
Peer relationships have assisted forward-thinking lawyers to grow their practice, increase profitability and improve lives by adopting practical, real-world, tried and tested solutions and invaluable hands-on experience gained through these relationships. So why, and in which ways, do peer-to-peer relationships flourish? Why might peer relationships be the best solution for most of those who are preparing to take their legal practice and professional life to the next level?…
Baran Güney Spoke at "Global Hot Topics in Deceptive Price Advertising" Webinar by GALA
Baran Güney, managing associate in our TMT practice talked about price advertising regulation and enforcement activity with GALA members from the USA, Canada, the UK and Switzerland at "Global Hot Topics in Deceptive Price Advertising" webinar.
Webinar: World IP Day - Women and IP: Women Behind Life Changing Innovations - An Interview with Prof. Rana Sanyal
Gün + Partners celebrated the World IP Day with webinars. Enjoy the fireside chat between Selin Sinem Erciyas and our guest Prof. Rana Sanyal. This webinar concentrates on women behind life changing innovations, and they are discussing on below topics. How Rana, as a woman entrepreneuse, has used IP as an innovative tool while building her own career. How young entrepreneurs shall benefit from IP, in particular patents and utility models, while starting up their…