Obligation to Open and Register a Website
Pursuant to Article 1524 of the Turkish Commercial Code (the "TCC"), joint stock and limited liability companies that are subject to independent audit (for detailed information on which companies are subject to independent audit please click here to access our article on the subject) are required to open a website within 3 months following the date of their incorporations in the trade registry or the date of entry into force of this obligation, and to devote a certain portion… »
New Electric Vehicle Import Regulations in Turkey
The Ministry of Commerce, aligning with the European Union and the Free Trade Agreement frameworks, has introduced some regulations for importing electric vehicles. On November 29, 2023, the Communiqué on the Import of Some Electric Vehicles (the “Communiqué”) was published on the Official Gazette. The Communiqué serves the purpose of regulating the import of electric vehicles belonging to non-European Union member states and Free Trade Agreement non-signatory states… »
Announcement on Products Not Evaluated as Medical Devices
On 30 October 2023, the Turkish Medicines and Medical Devices Agency (Agency) published an announcement (Turkish language) regarding products that are not considered within the definition of medical device or the scope of the legal framework. The Agency stated that, while some products which were considered medical devices or in vitro diagnostic devices under the legislation repealed by the EU Regulations 2017/745 and 2017/746 are excluded from the scope of the medical device… »
Turning the Turkish Tide on Rising Tactical Patent Invalidation Actions
Filing patent invalidation actions for tactical purposes such as jeopardising patent infringement actions of patent owners and gaining time by complicating the infringement proceedings has become a common strategy of infringers in recent years. This strategy may cause the patent owner to suffer due to the inability to use its patent properly during the limited protection period of 20 years, even if the invalidity claims do not have a solid basis and they are filed on a ‘try… »
New Minimum Capital Requirements in Turkey: Impact on Joint Stock and LLCs
With the Presidential Decree numbered 7887 and published in the Official Gazette dated 25 November 2023 and numbered 32380, it has been decided to increase the minimum capital amount for joint stock and limited liability companies by 5 times. According to this regulation, as of 1 January 2024, the new minimum capital amounts will be as follows: Minimum Capital Amount According to the Previous Legislation Minimum Capital Amount According to the New… »
Can Trade Names Lead to Trademark Infringement in Turkey?
There are questions concerning whether a trade name or business name can constitute trademark infringement and unfair competition, particularly in cases where the trade name is not used as a trademark. This criticism has been disputed under both the Decree Law No. 556 Pertaining to Protection of Trademarks and the Industrial Property Code (“IP Code”)[1]. The Courts has made numerous decisions regarding this topic. The issue was discussed in the decision dated 08 February… »
Draft Regulation by Turkey's Competition Authority: A Step Forward in Cartel Transparency
Article 4 of Code No. 4054 on the Protection of Competition ("Code") prohibits agreements, concerted practices, and decisions that restrict competition. The Regulation on Active Cooperation for Detecting Cartels ("Existing Regulation") published in the Official Gazette dated 15.02.2009 and numbered 21142 has been in force for more than 14 years to reveal cartels, which are considered the most serious competition violations in competition law, involving agreements and/or… »
Developments Regarding the Renting of Residential Places for Tourism Purposes
The Law No. 7464 on the Renting of Residential Places for Tourism Purposes and Amendments to Certain Laws (the "Law") was published in the Official Gazette on November 2, 2023. The Law regulates in detail the conditions for renting residential places up to 100 days and the obligations of those who rent their premises for short terms for tourism purposes. The relevant provisions of the Law will come into force on January 1, 2024. Considering that short-term rental activities… »
Turkish Constitutional Court Annuls Advertisement Board’s Power to Block Access to Websites
Turkish Constitutional Court (“Court”) annulled the paragraph 12 of Article 77 of the Consumer Protection Law, which granted the Advertisement Board the power to partially or entirely block access to websites containing unlawful advertising content. The relevant rule was considered to be unconstitutional pursuant to the Court’s decision dated 13 September 2023 and numbered 2022/70 E. - 2023/152 K. which was published on the Official Gazette dated 27 October 2023 and numbered… »
An In-depth Analysis of Inventorship of AI and Turkey’s Position
In recent legal debates, the patentability of AI-generated inventions has been contentious. Historically, only humans have been considered inventors, anchored in notions of personhood and intellect. Yet, in a bold move, South Africa and Australia’s Federal Court recognized AI, specifically DABUS, as a potential inventor in 2021, defying conventional views. Proponents argue that this accommodates modern innovation trends, while sceptics raise concerns about ownership rights… »
Practical Guideline on Immediate Actions for Foreign Companies Facing Commercial Litigation in Turkey
Introduction Given the complex, competitive and contested course of commercial life, the odds are most businesses will face, at one stage or another, a commercial dispute raised by a business partner (eg, a customer, distributor or supplier etc,). Some of these disputes can be resolved peacefully and amicably, but others may escalate to the court level. The latter can be particularly difficult to manage for global companies operating in multiple states, as cross border claims… »
Regulatory Update in Turkey: Prolonged Exclusion of Specific Losses in Capital and Equity Assessments
The Communiqué on the Procedures and Principles Regarding Implementation of Article 376 of the Turkish Commercial Code No. 6102 ("Implementation Communiqué") was amended on December 26, 2020, and it was regulated that certain loss items will not be considered in the calculations made in terms of capital loss or negative equity until January 1, 2023. Although the Ministry of Trade indicated in its statements on various occasions that this exception was introduced as a… »