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Editorial

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Leading individuals

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At Gün + Partners, the ‘level of work is outstanding and the team is able to handle extremely complex cases’. The workload includes contentious trade mark and patent matters, as well as managing the IP portfolios of major corporate clients. Clients include computer manufacturers, watch makers, automotive companies and insurance providers. Mehmet Gun has particular expertise in life sciences, and Hande Hançer is ‘extremely responsive and client-oriented; the advice she provides is always thorough and clear’.

For some, Moroglu Arseven’s IP team ‘stands out above all others’. The firm defended a major social media outlet against a trade mark prosecution. Clients also include Amazon, Samsung and Starbucks. Isik Ozdogan and Gokce Izgi are ‘highly responsive and give good, practical advice in clear English’, and Merve Altinay and Ezgi Baclaci are also recommended.

FIRMS IN THE SPOTLIGHT

Topdemir Inandioglu Komuc Law Office

TILEAGAL’s IP team is one of the most recognized and reputable providers of a full range of IP law services for leading businesses in Turkey. Members of the team, which is led by Mr. Emre Durgun, have been at the forefront of IP law and consistently involved in many of the leading IP cases and transactions.

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With a team of ‘first-class lawyers, who work together seamlessly and produce a quality end product’, NSN Law Firm is best known for trade mark and copyright matters. Practice head Nazlı Selek and Sevilay Kuru are ‘incisive and get to the key points quickly’, and Nedret Unlu has ‘invaluable experience and critical insight’.

Çaga & Çaga’s lead IP partner Erdem Degerli advised on amending a trade mark licence agreement between Trump Marks LLC and Ortadogu, specifically concerning the use of the ‘Trump Towers’ trade mark for Istanbul’s Trump Towers high-rise and shopping mall. Degerli and Idil Caga adopt ‘a hands-on approach’.

ELIG, Attorneys-at-Law advised Warner Bros on revising agreement templates to be signed by dubbing artists. Other well-known clients include Twitter, Google and YouTube. Managing partner Gönenç Gürkaynak heads the practice and İlay Yılmaz was promoted to partner in 2015.

Güner Law Office handles IP-related litigation, trade mark registration, domain name matters and copyright issues, among other mandates. Founding and managing partner Ece Güner and Ömer Erdoğan are the key names.

Turunç handles trade mark registrations and renewals, among other work. The team, which has notable expertise advising start-ups, assisted mobile technology start-up Kuicka with its incorporation and early stage investment. Other clients include Android, Elba, Koruyucu, Petronas and Shopamani. Founding partner Noyan Turunç frequently works with Kerem Turunç and Ankara-based Esin Çamlibel.

BTS & Partners’ expertise in this area includes advising on domain name disputes, copyright and trademark matters and handling patent litigation. Manging partner Yasin Beceni heads the team, which acts for a range of international and domestic clients.

Balcioglu Selçuk Akman Keki acts for clients including Amway, Global Brass and Copper, and Al Jazeera Media Network. The team is notably active in the hospitality sector; it recently advised two global hotel companies on IP matters in Turkey. Selim Keki is providing comprehensive IP advice to the first international online personal shopping portal in Turkey. Doğan Eymirlioğlu, Özgür Akman, and Galip Selçuk are the other key names.

Çigdemtekin Dora Cakirca Aranci Law Firm’s Ayça Arancı, Kağan Dora and Tuna Çakırca are recommended for IP matters. Organic food market Tazedirekt, Verifone subsidiary Panorama, and 3M Turkey are new client wins.

Ibrahim Ekdial and Olgac Nacakci are the key contacts at Ekdial & Nacakci. Recent work includes advising Marriott International on trade mark infringement.

Esin Attorney Partnership, member of Baker & McKenzie International, a Swiss Verein acts for clients including DreamWorks Animation, Bioray, Datwyler, SAP and Yandex. Mine Guner is the key contact, while litigation head Koray Sogut handles IP-related disputes.

Kinstellar Danismanlik Hizmetleri Avukatlik Ortakligi’s practice head Tolga Semiz acted for Restoration Hardware in appealing a rejection decision pertaining to the client’s trade mark. IP consultant Fatma Gülmez represented MGM Resorts International in cancellation actions against trade marks consisting of lion-like figures.

Pekin & Pekin’s team handles contentious and non-contentious IP matters, and has expertise in patent, trade mark, copyright, domain name, design and IP licensing matters. The team also provides IP support in corporate transactions. Kemal Serdengeçti and Gökben Erdem Dirican are recommended.

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Legal Developments in Turkey

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  • New Industrial Property Law

    The Industrial Property Law abrogating the patchwork of decrees that governed intellectual and industrial property rights has been published in the Official Gazette and entered into force on January 10, 2017.
  • Privatization of Domestic Coal-Fired Power Plants in Turkey

    The privatization tender of Çayırhan-2 coal reserve area and the construction of a coal-fired power plant project (“Çayırhan-2 Project ”) was concluded on February 6, 2017, which has been the first of the new wave of privatization of coal reserves and construction of lignite coal-fired power plants in Turkey in line with the recent incentives regarding utilization of domestic coal reserves for electricity generation. This client alert outlines the main novelties in relation to this new wave of lignite-fired power plant tenders, which is expected to continue with several other privatizations in 2017 as explained below.
  • Important Changes to the Electricity Market Licensing Regulation

    On February 24, 2017, the Energy Market Regulatory Authority (“EMRA ”) published a Regulation (“Amending Regulation ”) containing important changes to the Electricity Market Licensing Regulation (“Licensing Regulation ”), including the removal of the share transfer restriction at the pre-license period for transfers to foreign companies and foreign-capital companies, and changes related to the Renewable Energy Resource Areas (“YEKA ”). Highlights of major changes are as follows:
  • The New ICC Arbitration Rules

    As of 1 March 2017, the new Arbitration Rules of the International Chamber of Commerce (“New ICC Rules ”) have come into effect and superseded the former version of the ICC arbitration rules, which have been in effect since 2012.
  • Novelties Introduced by the Movable Pledge Law

    As of January 1, 2017, Law No. 6750 on Pledge over Movable Assets in Commercial Transactions ("Movable Pledge Law"), which was enacted on October 20, 2016, entered into force and abolished Law No.1447 on Commercial Enterprise Pledge ("Commercial Enterprise Pledge Law"). The Movable Pledge Law introduces significant changes and offers more practical methods for establishing pledge over movable assets as explained below.
  • Determination of Injury in Anti-Dumping Investigations: Turkey’s Side of the Story

    I - Introduction
  • Turkish Health PPP Projects

    The Turkish health sector has undergone major reforms over the past ten years as part of the health transformation program. The most important pillar of such program has been the development of public-private partnership (“PPP ”) model health campus projects. More than twenty health campus projects with an investment amount of more than € 10 billion have been developed through PPP model in Turkey. They are currently at different stages ranging from tendering to operation, and more than ten health PPP projects are still in the pipeline.
  • Infrastructure REIC: An Alternative Source of Funding for Infrastructure Projects

    With the start of operation in certain BOT and other PPP model infrastructure projects in Turkey, refinancing alternatives have become more attractive and diversified. Capital market instruments and institutions are likely to have a greater share in the refinancings of projects which have become operational and the construction risks have been removed. Over the last few years, the use of capital market instruments in the infrastructure financings have gained a new impetus with the introduction of various incentives and financing solutions in this aspect. Most recently, the removal of the 1/3 and 1/5 bond issuance limits for healthcare PPP projects on 18 February 2017 represented an important step towards incentivizing the use of bonds in the healthcare sector. In line with this overall strategy, the government has also adopted various measures to make the Real Estate Investment Companies (“REICs ”) more attractive for the financing/refinancing of infrastructure projects such as BOT, BLT and other PPP projects.
  • Ankara-Niğde Highway Project

    Tender process for 330 km Ankara-Niğde Highway Project has been launched by the General Directorate of Highways upon publication of the tender announcement in the Official Gazette on December 30, 2016.
  • Establishment of the Natural Gas Spot Market in Turkey

    In line with the government’s objectives to make Turkey a regional hub for natural gas trading, a natural gas spot market has been established by the Natural Gas Organized Wholesale Market Regulation published in the Official Gazette on 31 March 2017.

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