Litigation & Dispute Resolution 2015, Turkey Chapter
1 LITIGATION 1 Preliminaries 1.1 What type of legal system has Turkey got? Are there any rules that govern civil procedure in Turkey? Turkey’s legal system is based on civil law. Civil procedure is governed by the Code of Civil Procedure (“the CCP”) dated 01.10.2011 and numbered 6100. There are also some specific procedural rules regulated by the Turkish Commercial Code and the Code of Labour Courts, etc. 1.2 How is the civil court system in Turkey structured? What are the… »
A New Age of Personal Data Protection Dawns in Turkey
A draft Turkish bill, inspired by the European Data Protection Directive 95/46/EC, contains the building blocks for a privacy regime which would introduce such concepts as prior notification of data subjects, registration with the data protection regulator and restrictions on data transfers. In this article, Begüm Yavuzdoğan Okumuş, Bentley James Yaffe and Alp Turan, Senior Associate, Associate and Trainee respectively at Gün + Partners in Istanbul, discuss the relevant… »
Turkey: Arbitration in Focus
Beril Yayla Sapan and Neslisah Borandı of Gün + Partners examine the Turkish International Arbitration environment. November 20, 2014 saw the long-awaited Law on the Istanbul Arbitration Centre passed in Turkey, coming into force in early 2015. The law forms part of the government’s over arching plan to support the economy through financial reforms – all with the aim of promoting Turkey as an attractive international financial centre. The new law establishes the Istanbul… »
TPI Issues Landmark Decision on Effect of Earlier Marks in Pending Opposition Proceedings
If a party had followed such a strategy before a recent decision issued by the Re-Examination and Evaluation Board of the TPI, the opposition against the new application would most probably have been rejected by the TPI on the ground that the application was based on a valid earlier registration and that the TPI does not have any legal obligation to wait for the finalisation of a court action. Further to such decision, the party would probably have waited for the registration… »
Insurance&Reinsurance 2015, Turkey Chapter
1 Regulatory 1.1 Which government bodies/agencies regulate insurance (and reinsurance) companies? The insurance regulatory agency in Turkey is the Insurance Undersecretariat of the Treasury (the “Undersecretariat”). As it is positioned under the Prime Ministry, it is not an independent body. 1.2 What are the requirements/procedures for setting up a new insurance (or reinsurance) company? An insurance company in Turkey can only operate in the form of a joint-stock company or… »
IP Court Interprets Scope of Bolar Exemption
A global pharmaceutical company filed a patent infringement action against a local generic pharmaceutical company on the grounds that the generic company had been granted an abridged marketing authorisation referring to the original pharmaceutical’s dossier. The generic company also applied for inclusion on the Social Security Institution (SSI) reimbursement list. The originator company claimed that its original pharmaceutical was protected via a patent, and thus there was a… »