Is Good, Fast, and Cheap Arbitration a Dream?
The business community’s original idea of arbitration was to solve commercial disputes smoother and faster than the conventional courts could. Back in those days, arbitration was, by definition, fast. However, this perception has changed. In the 2015 International Arbitration Survey, cost and lack of speed were considered as the worst characteristics of international arbitration. As a reaction to this growing appetite to run proceedings in a more efficient manner, arbitration… »
Iran Sanctions from a Neighbouring Country’s Perspective: the Turkish Standpoint
It was announced that the economic sanctions against Iran will be brought back to a large extent after the United States unilaterally withdrew from the Joint Comprehensive Plan of Action (“Iran nuclear deal”) implemented by the United Nations Security Council (“UNSC”) Resolution numbered 2231 and adopted in 2015, with the declaration of U.S. President Donald Trump on May 8, 2018. Immediately after the Iran sanctions having made staggering effects on the world trade are back… »
Stay of Execution to Mandatory Arbitration
The provisions providing for “appropriate remuneration” to be mandatorily determined by arbitration contained in the Regulation on Employee Inventions, Inventions Made at Institutions of Higher Education and Public-Funded Projects have been widely discussed since the entry into force of the Regulation. However, the Council of State assessed the provisions on mandatory arbitration for employee inventions for the first time in a case filed for the stay of execution and… »
Health Industry Regulations in the New Presidential Government
As a result of the referendum, held on April 16, 2017, an amendment has been made on Constitution and transition has been made to Presidential Government System. The most fundamental feature of this system is; the transfer of all executive authorities to the President with the annulment of the office of Prime Ministry. The President has become both the head of state and the head of executive power. On the other hand, although TBMM is still the fundamental legislative body, it… »
FICPI Turkey – Roundtable Meeting on Inventive Steps for Patents
FICPI-Turkey arranged its fourth roundtable meeting regarding the rules for determining the closest state of the art document in the light of the Problem-Solution Approach used for the inventive step examination of a claim, and the definition of the objective technical problem solved by the claim. The issue of inventive step was reviewed based on the closest state of the art document and the effect of an examiner’s view with regard to inventive step based on the objective… »
Court of Appeals Recognises Evidential Value of Agreement Restricting Parties’ Rights to Trademark
In a decision dated 14 February 2018 (No E 2017/11-85 K. 2018/209, which became public in July 2018), the General Assembly of the Civil Court of Appeals held that an agreement between two parties restricting the use of a sign or trademark can later prevent the registration of that sign or mark. Background On 12 December 2004 Company A fıled an application for the registration of SULTANS OF THE DANCE, which was the name of a group performing Turkish modern folk dances formed… »
New Company Set to Boost IP Commercialisation
The Turkish Patent and Trademark Office (the Office) founded a company on April 2 2018 based in Ankara, called Türk Sınai Mülkiyet Değerleme Mühendislik ve Danışmanlık Hizmetleri Anonim Şirketi (TÜRKSMD). The company’s sole owner is currently the Office. TÜRKSMD will be able to pursue commercial purposes since it is founded as a corporation and is open to all nationalities, persons and institutions. The primary aim of TÜRKSMD is to value intellectual property rights belonging… »
The Fashion Industry and New Provisions of Turkish Industrial Property Code Regarding Protection of Unregistered Design Rights
The fashion industry, nourished by an infinite source – that is, human creativity – is constantly changing, yet the manufacturing process changes even faster. As the duration of the process in which a product is manufactured and offered to consumers became much shorter, the copying of designs also became more convenient and common. The rules pertaining to the protection of unregistered designs, one of the novelties introduced with the Industrial Property Code No 6769 (the ‘IP… »
The Draft Regulation on Online Broadcasting via Radio, Television and On-demand Services Has Been Published
The Draft Regulation on Online Broadcasting via Radio, Television and On-demand Services (“Draft Regulation”) stipulating the implementation of the newly incorporated Article 29/A of the Law No.6112 on the Establishment of Radio and Television Enterprises and Their Media Services (“RTUK Law”) was published on RTUK’s website on 27 September 2018. This client alert aims to summarize major points within the Draft Regulation. Personal communication services (e.g. platforms such… »
Interpretation of Big Data by InsurTechs
Technology shows its transformative and disruptive impact on virtually every economic field. The insurance market is no exception and can no longer remain closely reliant on its conventional operational tools. Data sets that are in large volumes and that are hard to process using traditional data processing methods (‘Big Data’) are frequently argued to have the potential to replace these traditional tools by providing efficacious equivalents. As a reflection of the… »
Supreme Court Rules on Calculation of Overtime Pay
The Supreme Court recently issued a number of decisions setting out how to calculate overtime pay and how employees can prove any overtime owed when required. The Supreme Court’s findings, which govern overtime pay, can be summarised as follows: Signed payslips can be used as material evidence. This means that where signed payslips document overtime paid, they will constitute proof that payment has been made to an employee, unless the employee can prove forgery. If an… »
Amendments to Collection of Electronic Evidence Procedures
Amendments The previous version of Article 134′s first paragraph stated as follows: Upon the motion of the public prosecutor during an investigation with respect to a crime, the judge shall issue a decision on the search of computers and computer programs and records used by the suspect, the copying, analyzing, and textualization of those records, if there is strong doubt based on solid evidence and it is not possible to obtain the evidence by other means. Under the new… »