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    Contributors Gün + Partners

    Gün + Partners was founded in 1986 and is one of the largest law firms in Turkey with 13 partners and over 70 lawyers. The firm is based in Istanbul and provides transactional, advisory, and dispute management services to local and international companies throughout Turkey and assists clients worldwide through its established network of correspondents and contacts.

    The firm's core areas of expertise are corporate and commercial, dispute management, and intellectual property. It represents clients in numerous industry sectors with a particular focus on life sciences, insurance and reinsurance, energy, construction and real estate, logistics, technology, media and telecoms, automotive, FMCG, chemicals and the defence industries.

    Key Contacts

    Intellectual Property, Dispute Management, Life Sciences, Corporate and M&A, Competition, Finance
    Intellectual Property, Trademarks and Designs, Copyrights, IP Prosecution, Life Sciences, Technology, Media and Telecom
    Life Sciences, Intellectual Property, Patent and Utility Models, Competition
    Intellectual Property, Patent and Utility Models, Life Sciences
    Intellectual Property, Trademarks and Designs, Anti-Counterfeiting, IP Prosecution, Copyrights
    Corporate and M&A, Life Sciences, Energy and Natural Resources, Insurance and Reinsurance, Construction and Real Estate
    Intellectual Property, Patent and Utility Models, Insurance and Reinsurance
    Intellectual Property, Trademarks and Designs, Copyrights, IP Prosecution
    Intellectual Property, Trademarks and Designs, Copyrights
    Employment, Dispute Management, Business Crimes and Anti-Corruption
    Data Protection and Privacy, Corporate and M&A, Life Sciences, Competition, Technology, Media and Telecom
    Intellectual Property, Trademarks and Designs, Copyrights, IP Prosecution, Technology, Media and Telecom
    Intellectual Property, Anti-Counterfeiting, Business Crimes and Anti-Corruption, Trademarks and Designs, Copyrights

    Awards

    Dispute Management, Employment, Business Crimes and Anti-Corruption, Insurance and Reinsurance, Administrative, Tax and Regulatory, Construction and Real Estate
    Intellectual Property, Patent and Utility Models, Insurance and Reinsurance
    Intellectual Property, Patent and Utility Models, Trademarks and Designs
    Intellectual Property, Trademarks and Designs, Copyrights, IP Prosecution, Anti-Counterfeiting, Technology, Media and Telecom
    Intellectual Property, Anti-Counterfeiting, Business Crimes and Anti-Corruption, Trademarks and Designs, Copyrights
    Intellectual Property, Trademarks and Designs, Copyrights, Anti-Counterfeiting, Dispute Management, Employment
    Data Protection and Privacy, Corporate and M&A, Life Sciences, Competition, Technology, Media and Telecom
    Employment, Dispute Management, Business Crimes and Anti-Corruption
    Patent and Utility Models, Intellectual Property, Life Sciences
    Intellectual Property, Trademarks and Designs, Copyrights, Life Sciences, Employment
    Life Sciences, Intellectual Property, Trademarks and Designs, Data Protection and Privacy
    Intellectual Property, Trademarks and Designs, IP Prosecution, Copyrights
    Dispute Management, Intellectual Property, Anti-Counterfeiting, Data Protection and Privacy
    Intellectual Property, Anti-Counterfeiting, Trademarks and Designs, IP Prosecution, Copyrights
    Life Sciences, Intellectual Property, Patent and Utility Models
    Corporate and M&A, Life Sciences, Energy and Natural Resources, Insurance and Reinsurance, Construction and Real Estate
    Intellectual Property, Trademarks and Designs, Copyrights
    Intellectual Property, Trademarks and Designs, Copyrights, IP Prosecution, Life Sciences, Technology, Media and Telecom
    Intellectual Property, Trademarks and Designs, Copyrights, IP Prosecution
    Intellectual Property, Trademarks and Designs, Copyrights
    Business Crimes and Anti-Corruption, Employment, Dispute Management, Data Protection & Privacy, Corporate & M&A
    Corporate and M&A, Data Protection and Privacy, Business Crimes and Anti-Corruption, Competition, Technology, Media and Telecom
    Intellectual Property, Patent and Utility Models, Life Sciences, Trademarks and Designs
    Intellectual Property, Dispute Management, Life Sciences, Corporate and M&A, Competition, Finance
    Intellectual Property, Trademarks and Designs, Copyrights, IP Prosecution
    Life Sciences, Intellectual Property, Patent and Utility Models, Competition
    Intellectual Property, Trademarks and Designs, Anti-Counterfeiting, Copyrights, IP Prosecution
    Intellectual Property, Patent and Utility Models, Life Sciences
    Intellectual Property, Anti-Counterfeiting, Trademarks and Designs, Copyrights, Business Crimes and Anti-Corruption
    Intellectual Property, Trademarks and Designs, Copyrights, IP Prosecution, Technology, Media and Telecom
    Corporate and M&A, Data Protection and Privacy, Technology, Media and Telecom
    Intellectual Property, Patent and Utility Models, Life Sciences, Trademarks and Designs
    Intellectual Property, Trademarks and Designs, Anti-Counterfeiting, IP Prosecution, Copyrights

    Implementation of the Limitation of Goods and Services by the Turkish Patent and Trademark Office

    The Turkish Patent and Trademark Office (‘office’) applies the Nice Classification for the classification of goods and services in the registration process of national and international trademarks. Undertakings try to avoid possible conflicts by, for example, restricting their trademarks to the area in which they operate and/or differentiating the goods and services within the scope of their trademark from those covered by earlier similar trademarks. In other words, undertakings aim to circumvent the trademark rights and fields of activity of others by ‘limiting’ the scope of their trademarks, so that they can prevent a likelihood of confusion and co-exist in the market, even if the signs are similar.
    Güldeniz Doğan Alkan
    Cansu Evren

    Proof of Bad Faith: The Turkish Court of Cassation Adopts a Surprising Stance

    In a case, the Turkish Civil IP Court decided for the invalidation of a trademark registration identical to the plaintiff’s mark and trade name. The decision noted that: The plaintiff held a registration for the same class in the EU (but not in Turkey) before the trademark at issue; andThe plaintiff’s mark had a high distinctiveness and the defendant could not have created the mark on its own, coincidentally.In light of these points, the local court concluded that the defendant registered the mark intentionally to take unfair advantage of the well-known status of the plaintiff’s mark and was therefore in bad faith. Indeed, the defendant holds other trademarks that are well known in Turkey or have the potential to be well known in Turkey, which is also proof of the defendant’s bad faith.
    Güldeniz Doğan Alkan
    Cansu Evren

    Corporate Governance and Directors Duties in Turkey Overview - 2

    The Q&A gives a high-level overview of corporate governance trends; the main forms of corporate entity used; the corporate governance legal framework; corporate social responsibility and reporting; board composition and restrictions; directors' remuneration; management rules and authority; directors' duties and liabilities; transactions with directors and conflicts; disclosure of information; shareholders' rights, company meetings, and minority shareholder action; and internal controls, accounts and audits.
    Görkem Bilgin

    Corporate Governance and Directors Duties in Turkey Overview - 1

    The Q&A gives a high-level overview of corporate governance trends; the main forms of corporate entity used; the corporate governance legal framework; corporate social responsibility and reporting; board composition and restrictions; directors' remuneration; management rules and authority; directors' duties and liabilities; transactions with directors and conflicts; disclosure of information; shareholders' rights, company meetings, and minority shareholder action; and internal controls, accounts and audits
    Görkem Bilgin

    Corporate Governance and Directors Duties in Turkey Overview - 3

    The Q&A gives a high-level overview of corporate governance trends; the main forms of corporate entity used; the corporate governance legal framework; corporate social responsibility and reporting; board composition and restrictions; directors' remuneration; management rules and authority; directors' duties and liabilities; transactions with directors and conflicts; disclosure of information; shareholders' rights, company meetings, and minority shareholder action; and internal controls, accounts and audits.
    Görkem Bilgin

    DELPHI v DEPLHI: PTO’s Decision Sheds Light on Interpretation of Bad Faith

    In a recent decision, the Re-examination and Evaluation Board (‘the board’) of the Turkish Patent and Trademark Office (PTO) has found that the trademarks DEPLHI and DELPHI were similar and covered similar goods and services, and that the application for DEPLHI had been filed in bad faith.
    Uğur Aktekin
    Selin Bilik

    Çevreye İlişkin Beyanlar İçeren Reklamlar Hakkında Kılavuz Yayınlandı

    Reklam Kurulu'nun 13.12.2022 tarihli ve 328 sayılı toplantısında ilke kararı olarak kabul edilen “Çevreye İlişkin Beyanlar İçeren Reklamlar Hakkında Kılavuz” yayınlandı. Kılavuzun amacı; reklam verenler, reklam ajansları, mecra kuruluşları tarafından gerçekleştirilen ticari reklam ve ticari uygulamalarda yer verilen çevreye ilişkin beyan ve görsellerin ilgili mevzuata uyumlu olmaları konusunda reklamcılık ile ilgili tüm kişi, kurum ve kuruluşlara yol göstermek olarak belirlenmiştir.
    Hande Hançar
    Baran Güney

    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 following conditions:
    Güldeniz Doğan Alkan
    Cansu Evren

    Determination of Evidence in Disputes Over Pharmaceutical Patents

    The determination of evidence, one of the most important temporary legal protection measures regulated in Turkish law, is an institution that ensures the protection of evidence, which will assist in proving the matter in question. Considering that the adversarial trial process is adopted in Turkish civil procedure law, the significance of the rights holder being able to have the evidence that will help them prove themselves effectively determined is clear. However, in disputes relating to pharmaceutical patents, the determination of evidence institution is also a prerequisite in order to benefit from a preliminary injunction, which is another interim measure institution.
    Aysel Korkmaz Yatkın
    Selin Sinem Erciyas
    Zeynep Çağla Üstün

    Lack of Regulation on Plausibility Attacks in Turkish Patent Law

    The grounds for the invalidation of a patent within the scope of Turkish Industrial Property Law No. 6769 are listed as per the numerus clausus principle. The concept of plausibility – which has been the subject of numerous evaluations, especially by the EPO, and frequently debated in academic circles in recent years – has not yet found a place within the scope of any legal regulation in Turkey. Moreover, there is no consensus on the Turkish word that meets this concept as a legal term.
    Aysel Korkmaz Yatkın
    Selin Sinem Erciyas
    Aysu Eryaşar

    Protection of Websites Under Turkish Law

    The Internet has gone beyond of its fundamental functions of providing access to information and distributing the same and become a tool for interconnecting the entire world and an irreplaceable method of meeting the most basic human needs due to the transformation it has been going through the recent years. Accordingly, websites have turned into platforms with which we make contacts multiple times every day in order to carry out our daily activities. In Turkey, being one of the countries with greatest percentage of internet penetration, there is no set of rules specifically applicable to websites, which leaves the question of how exactly websites are protected under Turkish law unanswered.
    Uğur Aktekin
    Havva Yıldız

    Authorization Obligation is on the Horizon for OTT Services

    The new period for all OTT service providers, which provide interpersonal electronic communications services within the scope of audio, visual, written communications provided to the end users or subscribers having internet access, independently from the operators and internet services, through a publicly available software, has started on October 18, 2022.
    Begüm Yavuzdoğan Okumuş
    Yalçın Umut Talay

    The Euro Value Applied to Pharmaceutical Prices was increased by 36.77%

    On 14 December 2022, the presidential decree numbered 6546 (“Decree”) amending the Decision on Pricing of Medicinal Products for Human Use was published in the Official Gazette numbered 32043.
    Özge Atılgan Karakulak
    Dicle Doğan
    Fatma Sevde Tan

    Court Provides Guidance on How to Conclude Actions For Undue Receivables

    A unification of judgments regarding the matter was crucial as the result also affects whether pro-rated or fixed attorney fees should apply. Before the unification decision, the chambers relying on procedural grounds imposed a fixed attorney fee, whereas the chambers relying on substantial grounds imposed a pro-rated attorney fee, which created an unfair practice.
    Beril Yayla Sapan
    Kardelen Özden

    Sanction Against Shoe Ad Disrespecting Food

    The Advertisement Board rendered a recent guiding decision implementing Article 7/2 of the Regulation on Commercial Advertisement and Unfair Commerce Practices (“Regulation”) titled “Accuracy and Honesty” and ruling that “Advertisements shall be in compliance with the principles of fair competition which have gained acceptance in both business life and in public opinion within the framework of the sense of economic and social responsibility”
    Hande Hançar
    Baran Güney

    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”).
    Görkem Bilgin
    Latif Aktaş

    Guidelines on Donation of Non-Approved Drugs

    On 28 September 2022, the Turkish Medicines and Medical Devices Agency (Agency) published guidelines (Turkish language) on donation from abroad of human medicinal products that are not approved in Turkey on its official website.
    Dicle Doğan
    Beste Turan

    Recent Changes in Relation to Determination of Companies Subject to Independent Auditing

    The Presidential Decision No. 6434 on Determination of Companies subject to Independent Auditing (the “Decision”) was published in the Official Gazette on November 30, 2022. The Decision provides significant changes to the independent auditing thresholds compared to the Decision No. 2018/11597 on Determination of Companies subject to Independent Auditing, which will remain in force until January 1, 2023.
    Görkem Bilgin
    Latif Aktaş

    Life Sciences 2023 in Turkey

    The healthcare system is governed principally by the Fundamental Law on Healthcare Services No. 3,359 and dated 15 May 1987, which furnishes the Ministry of Health (MoH) with the authority to issue healthcare-related regulations and establish a healthcare system enabling each and every person living in Turkey to have equal and equitable access to the healthcare system. The regulatory authority is the MoH and its subsidiaries.
    Özge Atılgan Karakulak
    Dicle Doğan

    New Provision Introduced to Decision on Drug Pricing

    On 9 November 2022, the Presidential Decree numbered 6365 Amending the Decree on Pricing of Medicinal Products for Human Use (Turkish language) (Decision) was published in the Official Gazette numbered 32008.
    Dicle Doğan
    Fatma Sevde Tan