Corporate Governance and Directors' Duties in Turkey 2024
1. What are the main forms of corporate entity used? The main forms of corporate entity used in Turkey are the: • Limited liability company (LLC). • Joint-stock company (JSC). The LLC and the JSC are the preferred company forms in Turkey for both foreign national and Turkish entrepreneurs. The minimum capital requirement were recently increased and from 1 January 2024, the minimum capital amount for: • An LLC is TRY50,000. • A JSC is TRY250,000. • A non-public joint stock… »
Court of Cassation Decision Linking the Completion of Films to Obtaining of the Film Registration Certificate
The 11th Civil Chamber of the Court of Cassation (“CoC”), in the context of a dispute arising out of a joint film production contract signed between the parties, agreed with the first instance court's finding that, in the absence of a clear determination in the contract as to when the film will be deemed to be completed, this moment should be determined as the time when the film registration certificate is obtained, and decided that the plaintiff was entitled to claim a… »
Decision on the Protection of Neighboring Rights in Cinematographic Works
The copyright law dispute, also known by the public as the case of famous actor Kemal Sunal, was concluded with the decision of the Court of Cassation General Assembly of Civil Chambers (“General Assembly”) after going through various stages for many years.[1] In the lawsuit filed by the heirs of Kemal Sunal, the dispute centers on (i) whether it is possible to accept that Kemal Sunal’s economic rights as a performing artist within the scope of Article 80 of the Law No. 5846… »
A Current Plagiarism Debate: “Bit Palas vs. Sinek Sarayı”
“Plagiarism” is not clearly defined in Law No. 5846 on Intellectual and Artistic Works (“LIAW”). Plagiarism, which is defined by the Turkish Language Association as "pilferage," is used in the context of intellectual and artistic works law to mean "to present someone else’s work as your own, taking a piece from someone else’s work without citing the source." While there is no definition for plagiarism under LIAW, instances of "freedom of quotation" are clearly defined under… »
Work Bearing The Characteristics Of Its Author And The Signs of Work
Work Bearing The Characteristics Of Its Author And The Signs of Work The Law on Intellectual and Artistic Works ("LIAW"), which has been amended many times since its entry into force in 1952, still causes uncertainty and confusion in practice. The recent decision of the Court of Cassation[1] has been a very guiding and clarifying decision in terms of examining the signs of the work, which are controversial in practice, and the amendments made to LIAW, especially with regard… »
Turkish PTO Continues to Protect Copyright Holders Against Infringing Trade Mark Applications in Its New Decision
The Turkish Patent and Trademark Office (PTO) has a broad approach and well-established praxis regarding the protection of copyright holders’ rights on fictional works when characters, titles, and associated signs are used in third-party trademark applications. In its recent decision issued in April, the PTO accepted Paramount Pictures’ opposition filed against the trademark application “Don Carpetto”, as shown below, and rejected the registration of the contested application… »
Publishing Rights in Online Use – Recent Developments
Digital technologies continue to influence and transform the printed publication industry, much like their impact in various other sectors. In fact, considering the findings of a 2021 EU Commission survey, which revealed that 72% of internet users aged 16 to 74 in the EU were found to access newspapers and magazines online, it is not hard to imagine that this percentage has increased in the recent years. Amidst these developments, the European Union (“EU) adopted the… »
The Insurance and Reinsurance Law Review, 12th Edition, Turkey Chapter
Chapter 1 Turkey Aysel Korkmaz Yatkın, Görkem Bilgin, Asena Aytuğ Keser and Edanur Atlı[1] I. Introduction i. Nature of the insurance and reinsurance market There are currently 74 active insurance companies incorporated in Turkey, consisting of 50 non-life insurers, 19 life and pension insurers and five reinsurers.[2] The premiums collected in 2023 amounted to approximately 486 billion Turkish lira, an increase of 106.8 per cent compared with the previous year. Of this… »
Decision on the Protection of Neighboring Rights in Cinematographic Works
The copyright law dispute, also known by the public as the case of famous actor Kemal Sunal, was concluded with the decision of the Court of Cassation General Assembly of Civil Chambers (“General Assembly”) after going through various stages for many years.[1] In the lawsuit filed by the heirs of Kemal Sunal, the dispute centers on (i) whether it is possible to accept that Kemal Sunal’s economic rights as a performing artist within the scope of Article 80 of the Law No. 5846… »
Court of Cassation Decision Linking the Completion of Films to Obtaining of the Film Registration Certificate
The 11th Civil Chamber of the Court of Cassation (“CoC”), in the context of a dispute arising out of a joint film production contract signed between the parties, agreed with the first instance court's finding that, in the absence of a clear determination in the contract as to when the film will be deemed to be completed, this moment should be determined as the time when the film registration certificate is obtained, and decided that the plaintiff was entitled to claim a… »
Artificial Intelligence and Music Industry
One of the most striking developments in the music industry in 2023 was the release of the song “Heart on my Sleeves” by an anonymous user named “Ghostwriter” using the AI-created voices of world-famous singers Drake and the Weekend. However, the song “Heart on my Sleeves” did not exist in the music market for a long time due to the removal of the song from the relevant platforms after Universal Music filed a notice of intellectual property infringement. Although the song was… »
Key Challenges to Ethical Business in Türkiye
Humans have to live as a society in solidarity with others for survival, security, and continuation of the species. Equity (fairness) and cooperation must be core values in these societies if these three basic objectives are to be secured. The survival and progress of societies depend on cooperation which in turn depends on equity and fairness. Ethics and the law Although it is far from being ideal, justice is the best means humankind has developed to realise these values.… »