Practice Areas
We provide legal assistance to our clients on consumer law-related cases, including consumer complaints, warranties, distant sales issues, e-commerce and payment systems, online terms and conditions, website terms of use, returns policies offered to consumers both in-store and online, product liability and recalls.
We also provide legal support to our clients to efficiently handle global campaigns. We have broad experience in advertising law, including review of advertising claims in all media, product labeling and packaging, pricing and distribution, sponsorships, data privacy, sweepstakes, contest promotions and intellectual property counseling.
We also represent our clients in investigations brought by administrations such as the Advertisement Board, Ministry of Health, Ministry of Food and Agriculture, Consumer Arbitration Committees, Radio and Television Supreme Council, Ministry of Commerce and other administrative or state bodies. Further, we effectively represent our clients in disputes and litigious matters relating to advertising and marketing programs.
Our practice in Commercial Contracts relies on our sector approach and industry specific expertise. We cover a full spectrum of commercial and business law issues in sectors and industries which are within our scope.
We advise on multi-jurisdictional transactions that involve Turkey, helping our clients making the right business decisions that are compliant with the fast-paced legal and business environment in Turkey.
We represent multinational companies for different types of their transactions in Turkey with their suppliers, customers, licensors, distributors, franchisees and other partners. We help our clients in structuring these transactions and manage all possible complexities to ensure that our clients are operating with a contractual framework that is nurturing their success while minimizing the possible risks associated with the transaction.
We advise our clients on, among others, outsourcing, procurement, sales, franchise, distribution, e-commerce, joint venture, strategic collaboration, manufacturing, licensing arrangements, digital transformation transactions
Ozdagistanli Ekici has a sector focused corporate practice. We have a full-service approach and we represent our clients that operate in the sectors that are within our scope.
We advise and represent our technology, telecommunication, retail, e-commerce clients and brand owners in mergers and acquisitions, venture capital, corporate reorganization and other corporate transactions.
Our clients benefit from a valuable combination local expertise, deep industry knowledge and global vision which allows us to assist our clients to maximize their business goals whether it is to expend their business or make a successful exit.
In addition to this, we combine our corporate transaction expertise with our experience in key practice areas including Intellectual property, Technology, Financial services, Regulation, and Employment to help our clients with a full-service transaction service.
Our Employment practice is based on our sector focus approach. We support our clients that are operating in key industries and sectors with their sophisticated employment advice needs.
Our aim is to provide sector specific and commercially sound legal advice in employment law to our clients that are operating in Automotive, Energy and Natural Resources, Financial Services and Fintech, Information Communication Technologies, Life Sciences and Health Care, Media and Entertainment and Technology.
We assist our clients in shaping and implementing their strategic employment plans in times of rapid change, globalisation and flexible workforce needs. We design, implement and manage cost-effective, efficient and innovative corporate reorganisation strategies under Turkish Law or implement our client’s international corporate reorganisation plans in Turkey
We provide assistance to our clients with implementing their global Workforce Diversity strategies in Turkey without facing legal challenges. We make sure that our clients understand the local business environment, legislation and the approach of the authorities and the courts to diversity and inclusion in an employment context.
We also provide legal assistance to our clients in key sectors with their employee relations for their key employees. We assist clients for shaping and implementing their strategic goals to achieve their long-term objectives.
In addition to managing employee relations, we also assist our clients with their management and resolution of their employment disputes with key employees. We represent our clients in key sectors for different employment disputes using innovative dispute resolution strategies, alternative dispute resolution methods and mediation as well as litigation. We strive to determine the business-oriented solution for our clients and assist our client in implementing that solution.
We also assist our clients in protecting their business assets, confidential information as well as protecting employers against unfair competition by employees and directors, by implementing effective strategies and legal solutions.
Turkey is the bridge that connects Asia to Europe, and therefore is a major hub for both land and naval transportation of goods globally. Further, Turkey houses textile manufacturing factories that produce goods for major international luxury brands and sports brands.
Considering the high volume of goods that are shipped to and from Turkey, it is one of the key jurisdictions for the anti-counterfeiting efforts of many industries, including tobacco, textile, technology, pharmaceuticals and automotive.
We have extensive experience in creating and applying successful anti-counterfeiting strategies in Turkey in order to get the best results for our clients.
Our enforcement strategies include criminal and civil proceedings, conducting private investigations to find and locate counterfeit products, monitoring online sales channels for finding counterfeit products, conducting raids through search warrants and applying customs border protection measures with the customs authorities.
Our anti-counterfeiting services include:
· Effective enforcement proceedings
· Seizure, confiscation and destruction of infringing materials (after obtaining search warrants)
· Recording clients’ trademarks in customs to ensure effective protection
· Collaborating with the customs authority and providing support to ex-officio inspections conducted by the custom authority
· Conducting test purchases
· Conducting dawn raids with enforcement officers
· Using determination of evidence methods in order to secure evidence
· Protection of IP in online media via securing evidence online
· Following criminal proceedings for the destruction of counterfeit goods, and the materials used
to produce such goods
· Following civil proceedings for obtaining damages from counterfeiters
Our firm has a special focus on gaming and e-sports and we represent the world’s leading gaming companies and studios in Turkey. Our services in gaming include issues such as copyright protection, e-sports regulations, prize promotions, loot boxes, privacy and data protection. We provide end-to-end services to gaming companies starting from establishment of the company in Turkey to preparation of all necessary documentation such as T&Cs, Privacy Policies,
In-Game Conduct policies etc.
We also represent large gaming studios as well as indie gaming companies in Turkey. We assist our clients with gaming content regulations, licensing issues as well as corporate transactions and high value exits. In our gaming and e-sports practice we represent large MMO gaming companies before the local authorities for different issues such as information disclosure requirements, investigations, in-game blasphemy and defamation as well as consumer law issues that may arise due to consumer complaints.
We advise our clients that are operating in Finance and Fintech sector in regulatory, contractual, consumer and technology matters.
Turkey has a highly regulated environment in finance which include several authorities and specific legislation for banks, payment institutions, credit cards, online payments, storage of payment instruments etc. Therefore, a deep sector expertise is required to operate in Finance sector in Turkey.
As a strong supporter of innovation and technology, we support our clients that develop new financial technologies which are mostly complex in essence. We understand our clients technicalities and guide our clients based on that understanding. We advise companies in Finance and Fintech sector on areas such data protection, financial services regulation, intellectual property protection, joint ventures, payment technologies, technology procurement and outsourcing.
Chambers ranks our Finance & Fintech partner Burak Ozdagistanli as a ranked individual in Fintech Legal and notes ““Burak Özdağıstanlı of Ozdagistanli Ekici Attorney Partnership is a well-respected IT and IP lawyer who works with a number of companies in the e-commerce, gaming and technology industries on all matters relating to payments solutions including privacy issues, out-sourcing contracts, consumer law and legal questions around cryptocurrencies. Peers highlight his extensive experience in TMT, and clients praise his “incredible professionalism.”
Online shopping is an at all-time high in Turkey and as a result, developments in the legislation occur very rapidly. Further, the increase in online shopping in Turkey is attracting new e-commerce providers and platforms. E-commerce requires expert knowledge of several areas of law including data protection, consumer law, technology law and others. Therefore, a holistic approach is required for avoiding pitfalls in e-commerce sector.
We represent many e-commerce companies and platforms. We provide an end-to-end service where clients engage us for issues starting with legal market analysis to finalization of clients’ consumer facing documents.
Further, if a client faces a dispute or a regulatory challenge, we have the expertize and experience to represent and support the client to overcome those challenges.
We provide legal assistance to our clients on all aspects of the legal implications of a connected world. Turkey has a distinct approach when it comes to content that is published on the web and there are strict controls.
We represent international content provider companies, search engines and social media companies in Turkey and assist our clients for their compliance with the regulated and somewhat restricted internet and social media landscape of Turkey.
We represent our clients in contentious matters such as removal of content requests by the courts, exercise of the right to be forgotten by data subjects that are directed towards our clients and other disputes that arise due to the content over the web.
We also represent individuals in online defamation and reputation management issues and assist our clients with management of their online reputation through different means such as removal of unlawful content or other means.
At Ozdagistanli Ekici, we provide advice on all aspects Intellectual Property and Copyrights from commercialisation of intellectual property rights to protection of such rights with out of court settlement or litigation.
We provide our clients with strategies to help them exploit their rights while protecting their rights via contractual arrangements such as licensing, distribution and other contract types.
We also provide litigation services for IP and copyright disputes for our clients that are world’s
leading entertainment format owners and exporters.
As an alternative to litigation, we also have an established practice designed to solve IP and Copyright disputes with alternative dispute resolution methods, such as arbitration, conciliation, mediation and negotiation.
Our IP & Copyrights services include:
· Advising on licensing of IP and Copyrights
· Advising on and negotiating IP and Copyright related commercial transactions
· Assisting with brand growth, including IP audits and portfolio management
· Protection of IP & Copyrights through contractual means
· IP due diligence and valua¬tion in transactional matters
As a law firm that recognizes the importance of the dynamics of economy and global trade, we believe that IP rights are among the most important assets of any company in today’s world. Therefore, we create value by not only protecting IP rights but also by helping our clients to commercialize their IP rights in the right way while avoiding any traps or risks that they would not want to take.
Our Licensing, Distribution and Franchising practice not only provides legal advice but also provides innovative strategies for our clients that are wishing to expand in Turkey. We provide strategic legal advice combined with local business know-how for licensing, franchising, distribution, eCommerce, agency and multi-channel structures to a large number of world’s best-known brands. We offer our expertize in the drafting and negotiation of agreements such as licenses, franchise agreements and distribution agreements to ensure that IP assets are being protected and effectively exploited on sound terms.
As a leading franchise and commercial agreement practice, we provide our expertise to our clients to avoid and minimise the risk of potential disputes.
Our services include:
· Advising on licensing of IP rights
· Advising and negotiating transfer and pledge agreements
· Advising on and negotiating distribution, supply and franchise agreements
· Assisting with brand growth, including IP audits and portfolio management
· IP due diligence and valua¬tion in transactional matters
At Ozdagistanli Ekici, we have an experienced team litigation and arbitration lawyers and mediators with sector specific expertise
We apply our sector specific regulatory expertise and combine this with our local knowledge of political, economic and cultural dynamics to develop case strategies.
We handle matters that are complex, multi-jurisdictional and technically challenging. We work with our clients to manage risks and implement preventive measures to reduce the risk of escalation. We strive to find swift and effective solutions that are aligned with our clients’ business, to our clients’ complex and challenging business disputes.
We develop and implement effective litigation and arbitration strategies in Intellectual Property, Technology, Cybersecurity, Consumer, Healthcare, Advertisement, Retail and other key practice areas/sectors.
In IP Litigation we represent our clients for civil, criminal and administrative cases that are related with exploitation of our clients’ intellectual property rights. We assist our clients for building their case, starting with evidence collection through legal means to execution of the final order of the court. Within this end-to-end service we obtain preliminary injunctions for expedited protection, invoke unfair competition rules for protection of IP rights, initiate non-infringement claims and revocation lawsuits and handle domain name dispute resolution proceedings.
In Technology, we handle contentious technology related matters including proprietary information ownership claims, technology transfer disputes and disputes that arise due to failure to perform under technology service agreements or outsourcing agreements. Using our sector specific expertise with the ability to understand our clients’ business, we assist our clients to build their case and reach an expedited solution.
Turkey has a very young population that has greater access to content via different platforms and devices. There is an increased desire for new local and international content and new ways of delivering such content to audiences. This results in a very rapid growth of media and broadcasting sector with an increasing number of local content creators and international players that wish to enter Turkish market.
Turkey is a distinct market and jurisdiction between Europe and Asia with deep traditional roots and local sensitivities. These factors are important for international companies that wish to enter Turkish market when navigating their business in Turkey.
Further, Turkey has a highly regulated landscape when it comes to content that is broadcasted over the web and a licensing requirement to provide VoD services.
Our Media & Broadcasting services include:
· Guidance on all types of transactions in the media sector
· Representation of media & broadcasting companies before the local authorities
· Assessing content fitness with local regulations
· Preparation and application for local licenses/authorizations
· Advising on setting up of online platforms facing consumers
· Advising and representing companies for all issues including ownership, copyright, distribution and other rights
Our group has a dedicated data protection and privacy practice sub-group. We advise world’s leading multinational companies across different sectors for compliance with the Turkish Data Protection Law which was enacted in 2016.
Our firms data protection and privacy practice is the go to practice group for data protection and privacy matters in Turkey. We regularly handle large and sophisticated data protection compliance projects for our multinational clients.
We also act as a data controller representative before the Turkish Data Protection Authority for world’s leading brands in automotive, FMCG, pharmaceutical, technology, gaming and other sectors.
Our practice in Privacy & Data Protection includes the following services:
· End-to-end data protection compliance projects
· Daily data protection and privacy assistance
· DPIA and data protection compliance assessment of complex technologies
· Handling the mandatory registration of data controllers with the Turkish Data
Protection Authority
· Acting as a local representative for foreign controllers before the Turkish Data
Protection Authority
· Assisting with data transfers outside Turkey using BCRs, data transfer undertakings
and approvals from Turkish Data Protection Authority
· Assisting with data breach notifications starting with notification tests to preparing the notification, handling the notification to be made to the Authority and representing the data controller in relevant investigations.
Turkey has a continental legal system where legislation is codified into Laws and other secondary legislation. But for highly regulated sectors, the decisions of the independent authorities are almost as important as the legislation.
Our clients usually operate in highly regulated sectors. Thanks to our sector-based approach, we closely follow the developments in each and every sector that is within our scope. We follow the secondary legislation, upcoming legislation changes and decisions of the courts and the authorities in the relevant sectors.
As a result, we are able to provide a complete regulatory picture for our clients that is specific to their sectors and industries. With that picture, we help our clients lead the change, apply new technologies or business models, prepare for upcoming regulatory changes and conduct their business without tripping on any of the regulatory barriers.
Our Practice in Regulatory includes the following sectors;
• Automotive,
• Consumer Goods, Food and Retail,
• Cosmetics,
• Education,
• Energy and Natural Resources,
• Financial Services and Fintech,
• Information Communication Technologies,
• Infrastructure,
• Insurance,
• Life Sciences and Health Care,
• Media, Sport, Gaming and Entertainment,
• Technology
Our team has deep sector specific experience in technology transactions and complex outsourcing matters. We provide legal advice to leading technology companies for technology transactions, including from government tenders to technology related defense contracts with the unique market knowledge and legal experience we have.
Technology and Outsourcing transactions practice is among our core practice areas. We have expertise in high-value and multi-party transactions that span over multiple jurisdictions. Our team has deep industry experience in different sectors and this allows us to provide strategic and practical advice that is applicable to business.
We also handle contentious technology related matters such as copyright infringement, proprietary information ownership claims, technology transfer disputes and disputes that arise due to failure to perform under technology service agreements.
Lastly, we prepare technology related policies for our clients in light of the local law requirements such as BYOD policies, equipment use policies and use of corporate technology.
Our Technology & Outsourcing services include:
· Cloud computing
· Licensing
· Outsourcing and procurement
· Strategic alliances and joint ventures
· Technology transactions and Telecommunications
ICT sector is highly regulated which a close follow-up of all developments is very crucial. The members of our Telecommunications & ICT practice group understand the sector needs, the uncertainty that may be brought by local regulators and the impact of such on our clients’ business plans.
We work with our clients to help navigate our clients’ business in Turkish market to expand their business, deploy new technologies and adapt to the dynamic environment. Based on our combined industry experience of decades, we cover a full range of client needs including regulatory counseling, obtaining licenses, negotiation of ICT transactions, acquisitions and other investment transactions.
Our services are not limited to companies that operate in ICT sector, we provide Telecommunication and ICT related services to all companies across different sectors that wish to implement traditional and innovative ICT solutions and new telecommunication technologies such as eSim, machine to machine communication, remote provisioning. Therefore, we help our clients as a one stop shop with our broad cross-section of practices and sector specific expertise on a variety of regulatory, transactional and business issues.
Our services include:
· Advising on licensing/authorization for provision of telecommunication services
· Advising on compliance of new technologies under Turkish regulatory landscape
· Representing clients in ICT sector before the Information and Communication Technologies Authority
· Advising clients spanning in different sectors for deployment of traditional and new ICT technologies
At Ozdagistanli Ekici, we have a prosecution team that comprises patent and trademark attorneys who are authorized to act before the Turkish Patent and Trademark Office.
Our difference from other patent and trademark agents is that we are also lawyers registered with the Istanbul Bar Association. Therefore, all steps in this category is handled by a qualified attorney at law. This creates an important difference regarding the success rate of registrations that is brought by the diligent and careful approach of a lawyer. As a result, we have a very high percentage of successful registrations and a high rate of winning the counter oppositions.
Our prosecution work includes the following services:
· Portfolio management and advising on IP protection strategy
· Trademark clearance analysis
· Preparing, filing and prosecuting applications to register trademarks, patents and industrial designs, both locally and internationally
· Monitoring the status of our clients’ applications, registrations and renewals
· Providing watch services for IP rights
· Filing objections against the Turkish Patent and Trademark Office’s decisions, and
filing responses against third parties’ oppositions regarding IP rights
· Filing oppositions against infringing parties’ applications before the Turkish Patent
and Trademark Office
· Filing applications to prosecution offices and custom authorities