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    Contributors NSN Law Firm

    Contact Information
    • Address: Altunizade, Burhaniye Mah. Atilla Sok. No:6 Üsküdar / İstanbul
    • Email: [email protected]
    • Phone: +90 (216) 321 47 47
    • Website: www.nsn-law.com

    NSN Law Firm is a full-service law firm with 14 partners and over 45 lawyers, providing an “all in one” service with a specific sector-oriented perspective from legal consultancy to litigation in relation to various matters to our domestic and international clients operating in a wide variety of sectors, especially in healthcare, food, media, informatics, software, industrial and home appliances technologies, and logistics sectors.

    Our Firm’s main purpose is to cover its clients’ diverse needs in various industries by providing tailor-made and creative solutions. Also, the Firm’s dedicated service approach helps our clients stand out in their respective sectors. Thanks to this approach, the Firm is involved in cutting-edge litigation and administrative processes. Every question from our client is answered by our attorneys, who are experts in their fields, from a sectoral point of view.

    The capacity of our team increases every year with experts and colleagues who are developing and growing. Our senior team members have been working for the Firm for a long time. Hence, the sub-teams dedicated to specific clients have comprehensive knowledge of our client’s needs, as they know their clients and their history very well and take their commercial needs and requirements from the past into account when providing a new service. Using technological online data systems also helps our team improve collaboration, provide clarity, and achieve better results.

    Main Areas of Practice

    Corporate & Commercial Law

    We assist numerous national and international clients in setting up businesses in Turkey, including the establishment of companies for our clients from the USA, UK, and EU operating in various sectors, especially in the healthcare, food, media, informatics, industrial and home appliances technologies, maritime, and logistics sectors. We also provide consultancy services in share transfer, asset acquisition, mergers and acquisitions, sale transactions, fulfilment of due diligence processes, and establishment of joint ventures.

    We are highly competent in resolving commercial disputes that arise specifically for the needs of the sector in which our clients operate, and we provide high-level Contract Law services in the preparation of mixed-type contracts on large-scale projects and in the conduct of negotiations in accordance with the legislation. We also play an active role in the resolution of disputes that arise during commercial operations, as well as providing consultancy services regarding corporate internal management processes in order to carry out our client’s daily operations uninterruptedly.

    In addition, our firm handles and manages all legal issues that our clients face within the scope of their e-commerce activities. Being that we have many clients who are considered service providers, marketplace owners, and sellers in line with the local e-commerce legislation, we are providing them with high-quality assistance on all matters related to their activities in the area.

    Advertising & Media & Entertainment Law

    Our firm provides an "all in one" advertising, media, and entertainment service from clearance, investigation, and registration to litigation and enforcement. Our legal advisory services in the entertainment sector include contract preparation, copyright protection, the prevention of probable infringement, and follow-up of regulatory procedures for obtaining necessary permits and licenses prior to production.

    We represent our clients, mainly operating in the telecommunication, production, social media, and gaming sectors, in creating solutions for information technology. In line with this, our team provides legal consultancy on conducting risk analyses and resolving trademark and copyright conflicts that our clients may face during their e-commerce, advertisement, and distribution activities.

    Beyond the classical media, we provide legal consultancy and compliance services to the social media and technology companies that develop the most used mobile applications worldwide. These consultancy services involve various legal services, from providing advertisement clearance and ensuring compliance with the national lottery and IT regulations to following litigation proceedings before civil, administrative, and criminal courts.

    Transportation & Maritime & Admiralty Law

    Our firm is a leader in resolving all national and international disputes arising from all types of transportation, including land, air and sea transportation and combined transportation. We have a high level of experience in managing, advising and litigating all types of shipping disputes, particularly in relation to issues arising from maritime trade; serious maritime accidents, cargo damage, bill of lading problems, salvage assistance, towage services and ship fires. In addition to all these legal services, we also represent clients in the purchase, sale and financing of ships and yachts.

    Especially in the case of oil pollution and all kinds of marine pollution incidents, the administrative authorities refer to our team's expertise. Our team took an active role in the preparation of Regional and National Emergency Action Plans in the field of marine pollution and contributed to the implementation of these plans.

    Pharmaceuticals and Life Sciences Law

    We offer high standard legal services to our clients for every aspect of Pharmaceuticals and Life Sciences Law including without limited to pharmaceuticals, medical devices, food supplements, special nutrition products, infant food and cosmetics.

    We mainly provide legal support and consultancy to our clients in all compliance matters. Particularly, we handle marketing and promotional activities, relations with the administrative authorities, healthcare institutions and healthcare professionals and compliance of the standard operational procedures and contracts with the regulations.

    As part of market access process, we also support our clients on a comprehensive range of industrial legal matters including regulatory compliance and organization of warehousing and distribution facilities and surrounding relations in the light of the Competition Law. Our area of work also covers due diligence investigations on anti-corruption and anti-bribery matters as well as internal compliance audits in the healthcare sector.

    Intellectual & Industrial Property Law

    Our firm is one of the few prominent law offices in Turkey specializing in the field of intellectual and Industrial Property Law, and we cover all types of IP related rights including patent and trademark, copyright, utility models, industrial design, geographical indications, plant varieties, and domain name conflicts. Our IP team is unique in Turkey for offering strategic business-oriented solutions to our international and domestic clientele by combining our expertise in Intellectual and Industrial Property Law with our significant Regulatory expertise in various sectors, especially pharmaceuticals.

    We guide our clients through all phases of administrative and legal proceedings in the management of their intellectual property portfolios, including conducting necessary pursuit for the registration and continuity of industrial property rights before the Turkish Patent and Trademark Office and conducting license, transfer, and other agreements and transactions regarding the subject rights. We also pursue strategic opposition and litigation proceedings before Turkish Patent and Trademark Office and the Courts in order to prevent unfair and illegal registration and use by third parties, within the scope of combating piracy and counterfeiting, and we make all necessary applications before the customs directorates, conducting research and initiating the necessary legal proceedings when necessary. 

    Key Contacts

    Pharmaceuticals & Life Sciences, Product Liability, Information Technologies, Anti-Corruption & Compliance, Intellectual & Industrial Property
    Commercial & Corporate, Transportation, Maritime & Admiralty, Data Protection
    Advertising, Media & Entertainment, Insurance, Transportation, Maritime & Admiralty
    Transportation, Maritime & Admiralty
    Transportation, Maritime & Admiralty, Employment and Labor, Insurance
    Transportation, Maritime & Admiralty, Insurance
    Commercial & Corporate, Advertising, Media & Entertainment, Product Liability, Data Protection, Information Technologies, Anti-Corruption & Compliance
    Pharmaceuticals & Life Sciences, Data Protection
    Commercial & Corporate, Insurance, Transportation, Maritime & Admiralty

    Awards

    Pharmaceuticals & Life Sciences, Product Liability, Information Technologies, Anti-Corruption & Compliance, Intellectual & Industrial Property
    Transportation, Maritime & Admiralty, Employment and Labor, Insurance
    Transportation, Maritime & Admiralty, Insurance
    Commercial & Corporate, Advertising, Media & Entertainment, Product Liability, Data Protection, Information Technologies, Anti-Corruption & Compliance
    Pharmaceuticals & Life Sciences, Data Protection
    Commercial & Corporate, Insurance, Transportation, Maritime & Admiralty
    Commercial & Corporate, Transportation, Maritime & Admiralty, Data Protection
    Transportation, Maritime & Admiralty
    Pharmaceuticals and Life Sciences, Data Protection
    Commercial and Corporate, Employment and Labor Law, Data Protection
    Pharmaceuticals and Life Sciences
    Commercial and Corporate, Data Protection
    Pharmaceuticals and Life Sciences, Commercial and Corporate, Data Protection
    Commercial and Corporate, Pharmaceuticals and Life Sciences, Data Protection
    Commercial and Corporate, Advertising, Media and Entertainment Law, Product Liability
    Commercial and Corporate, Insurance Law
    Commercial & Corporate Law, Advertising, Media & Entertainment Law
    Advertising, Media & Entertainment, Insurance, Transportation, Maritime & Admiralty

    Under the Spotlight of the Advertising Board: Dark Commercial Patterns

    At the meeting dated 08.08.2023 and numbered 336 held by The Advertising Board ("Board") rendered various important decisions regarding Dark Commercial Patterns, which have recently been widely discussed in the field of digital advertising. With the amendment dated 01.02.2022, Regulation on Commercial Advertising and Unfair Commercial Practices, “using methods that adversely affect consumers will to make a decision or choice by using means such as guiding interface designs, options or expressions regarding a good or service on the internet; or methods aimed at leading to changes, in favor of the seller or provider, in the decision that consumers would normally make under normal circumstances” was considered among the sample practices accepted as unfair commercial practices.
    Bilge Derinbay
    Hande Ülker Pehlivan
    İrem Sevinç Cantürk

    Karanlık Ticari Tasarımlar (Dark Commercial Patterns) Reklam Kurulu’nun Merceği Altında

    Reklam Kurulu, tarafından gerçekleştirilen 08.08.2023 tarih ve 336 Sayılı Kurul toplantısında son zamanlarda dijital reklamcılık alanında sıkça konuşulan Karanlık Ticari Tasarımlar hakkında önemli kararlar verildi.
    Bilge Derinbay
    Hande Ülker Pehlivan
    İrem Sevinç Cantürk

    Regulation on Promotion and Information Activities on Healthcare Services Has Been Published!

    Turkey is recognised as a prominent destination in the world in terms of health tourism. By providing high-quality healthcare services on an international platform, our country both strengthens our healthcare sector and contributes to our economy. In today's world where promotions for health services have gained an important place, The Regulation on Promotion and Information Activities on Healthcare Services ("Regulation"), which entered into force on 29 July 2023.
    Hande Ülker Pehlivan
    Bilge Derinbay

    New Regulation on Organization of Lotteries and Draws in Turkey

    With the Amendment of Income Tax Law and Certain Laws and Decree Laws published in the Official Gazette on 09.11.2022, significant amendments were made to the Decree Law No. 320 on National Lottery.
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    Hande Ülker Pehlivan
    İrem Sevinç Cantürk

    Sosyal Ağ Sağlayıcıların Yükümlülükleri Hakkında BTK Kararı

    01.04.2023 tarihli Resmi Gazete’de yayımlanan Bilgi Teknolojileri ve İletişim Kurulu’nun 28.03.2023 tarihli Sosyal Ağ Sağlayıcı Hakkında Usul ve Esaslar başlıklı kararı uyarınca, sosyal ağ sağlayıcıların yükümlülükleri ile bu yükümlülüklerin uygulanmasına ilişkin usul ve esaslara açıklık getirilmiştir.
    Bilge Derinbay
    Hande Ülker Pehlivan
    İrem Sevinç Cantürk

    NSN / Reklam Hukuku Bülteni - Nisan 2023

    Reklam Kurulu Başkanlığı tarafından 08.11.2022 tarihinde yapılan 327, 13.12.2022 tarihinde yapılan 328, 10.01.2023 tarihinde yapılan 329 ve 14.02.2023 tarihinde yapılan 330 sayılı Kurul toplantıları kapsamında önemli noktalara işaret eden kararları bulabilirsiniz.
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    Hande Ülker Pehlivan

    ITCA Decision on the Obligations of Social Network Providers

    In accordance with the decision of the Information Technologies and Communication Authority titled “Procedures and Principles Regarding Social Network Providers” published in the Official Gazette dated 01.04.2023, the obligations of social network providers and the procedures and principles regarding the implementation of these obligations have been clarified.
    Bilge Derinbay
    Hande Ülker Pehlivan
    İrem Sevinç Cantürk

    NSN / Reklam Hukuku Bülteni - Temmuz 2023

    Reklam Kurulu Başkanlığı tarafından 14.03.2023 tarihinde yapılan 331, 11.04.2023 tarihinde yapılan 332, 09.05.2023 tarihinde yapılan 333 ve 13.06.2023 tarihinde yapılan 334 sayılı Kurul toplantıları kapsamında önemli noktalara işaret eden kararları ...
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    NFTs and Copyright Law

    A non-fungible token (“NFT”) is a type of cryptocurrency that has emerged in the wake of the rapid development of digitalization, but questions remain as to how the rights to NFTs are protected under the law.
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    The Advertising Board Chronicles: Unveiling Influencer Ad Decisions – No. 1

    The Advertising Board has imposed penalties on social media influencers for non-compliant advertising activities on platforms like Instagram. Examples of decisions regarding non-compliant advertisements made by social media influencers are provided. In one case, an influencer was fined and ordered to suspend advertisements for covertly advertising products without disclosure. In another case, the influencer received a penalty for not clearly presenting the collaboration statement. Tagging brands without including advertising phrases or making them easily noticeable resulted in penalties in another case. To avoid penalties, influencers should adhere to the Guideline and relevant regulations when creating content.
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    İrem Sevinç Cantürk

    Reklam Kurulu Kararları Işığında Influencer Reklamları – No.1

    "Sosyal Medya Etkileyicileri Tarafından Yapılan Ticari Reklam ve Haksız Ticari Uygulamalar Hakkında Kılavuz" çerçevesinde, sosyal medya etkileyicileri tarafından yapılan kılavuza uygun olmayan reklamların cezalandırıldığı görülmektedir. Örnek kararlara göre, markaların resmi hesaplarının etiketlendiği ancak reklam ifadelerine yer verilmediği, etiketleri tıklayan tüketicilerin markaların örtülü reklamına yönlendirildiği durumlarda cezalar verilmektedir. Reklam ifadelerinin açık ve okunabilir şekilde sunulması gerekmekte ve mevzuata uygun içerikler üretilmesi önem taşımaktadır.
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    Hande Ülker Pehlivan
    İrem Sevinç Cantürk

    Influencer Advertisements Within The Scope Of Advertising Board Decisions – 2

    Social media influencer advertisements containing health claims are under scrutiny by the Advertising Board. The Board penalizes influencers for misleading health claims in commercial ads on social media platforms. Recent decisions highlight penalties imposed on influencers like "Mehmet Sert" and "Ceyda Düvenci" for overstated health claims and unproven scientific statements about products. Advertisements that exceed cosmetic definitions or lack proper licensing as "human medicinal products" face suspension. The influencer "Özlem Altınok Öz" also faced suspension for promoting a product with misleading health claims. Compliance with regulations is crucial to avoid fines and suspensions.
    Hande Ülker Pehlivan
    İrem Sevinç Cantürk
    Bilge Derinbay

    Reklam Kurulu Kararları Işığında Influencer Reklamları – No.2

    Günümüzde reklam faaliyetlerinin sosyal medya platformları aracılığıyla yürütülmesi sebebiyle Reklam Kurulu (“Kurul”) “Sosyal Medya Etkileyicileri Tarafından Yapılan Ticari Reklam ve Haksız Ticari Uygulamalar Hakkında Kılavuz”un (“Kılavuz”) yanı sıra sosyal medya etkileyicileri tarafından yapılan sağlık beyanı içeren reklamlara yönelik cezalar uyguladığı da görülmektedir. Yazı serimizin ikincisinde, sosyal medya etkileyicileri aracılığıyla yapılan ve Kurul tarafından yaptırıma hükmedilen sağlık beyanı içeren reklamlar hakkında örnek kararlara yer verilmiştir. Yazı serimizin ilki olan “Reklam Kurulu Kararları Işığında Influencer Reklamları – No.1 Kılavuz’a Uygun Olmayan Instagram Paylaşımları” başlıklı yazımıza bu link üzerinden ulaşabilirsiniz.
    Bilge Derinbay
    Hande Ülker Pehlivan
    İrem Sevinç Cantürk

    How do NFTs work under Turkish Copyright Law?

    Non-fungible tokens (NFTs) have become increasingly popular in the art world, creating legal challenges for intellectual property law. The Law No. 5846 on Intellectual and Artistic Works (“the Law”) provides copyright protection to NFTs, and their financial rights may be transferred through written agreements. Financial rights include the right to reproduce, disseminate, represent, and transmit the work to the public, while moral rights are attached to the creator of the work and may not be transferred. NFT owners can benefit from financial rights under Turkish law unless specified in the sales agreement. Anonymity poses a challenge to copyright protection.
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    Copyright Protection of Advertising Films

    In the face of developing technology, a common question has arisen as to whether any works that are not specifically listed in the Law No. 5846 on Intellectual and Artistic Works may benefit from copyright protection.
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