Legislation
Treaties
Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties, and what, if any, amendments or reservations has your country made to such treaties?
Except for multilateral treaties on family law, Türkiye is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. However…
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Patents
Requirements to Obtain a Patent
1. Provide a brief definition of a patent, the key legal requirements to obtain it and the law that applies.
Conditions for a Patent
A patent is an industrial property right that gives the patent owner the right to prevent third parties from certain activities such as producing, using, selling, or importing the product or process that is the subject of the invention for a 20-year period.
The applicant must prove the following to obtain…
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IP Assignment
Assignment Basis and Formalities
1. On what basis can the main IPRs be assigned? What formalities apply?
Patents
Basis for patent assignment. Under the Intellectual Property Law No. 6769 (IP Law), a patent can be assigned in whole. A patent cannot be assigned in part.
Formalities for patent assignment. Under the IP Law, a patent assignment must be in writing and signed by both parties and notarised before a notary public.
Registration of a patent assignment with…
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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…
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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…
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I. Introduction
Law
The Industrial Property Code no. 6769 (““IP Code””) entered into force on January 10, 2017.
Conventions
International Convention (Stockholm) (see Appendix 1); Hague Agreement Concerning the International Registration of Industrial Designs (see Appendix 2); Locarno Agreement for the International Classification of Industrial Designs (see Appendix 3); Patent Cooperation Treaty (see Appendix 4(a)); Strasbourg Agreement Concerning the…
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Law
At national level, the main sources of patent law are the:
Industrial Property Code No. 6769 (IP Code);
Regulation on the Implementation of the IP Code;
Regulation on Employees' Invention, Inventions Realised in Higher Education Institutions and Inventions Realised as a Result of Publicly Funded Projects; and
Regulation on the Implementation of the European Patent Convention Regarding the Grant of European Patents in Turkey.
Conventions
Turkey is a party to almost all…
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Must an award take any particular form?
Article 14(A) of the International Arbitration Law (IAL) provides that an award must include:
the names, surnames, titles and addresses of the parties, their representatives and lawyers;
the legal grounds on which the award is based and, if there is a claim for compensation, the amount of compensation;
the place of arbitration and the date of the award;
the name, signature and a dissenting opinion, if any, of the arbitral tribunal;…
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What mechanism do insurance policies usually provide for resolution of coverage disputes?
State Courts
In Turkish insurance policies, the usual dispute resolution mechanism provided for resolution of coverage disputes is litigation before state courts. As a rule, insurance disputes are resolved before commercial courts. However, insurance disputes regarding maritime law are resolved before specialized courts of maritime and insurances disputes where the insured is a consumer…
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What are the primary sources of law, regulation and practice relating to corporate governance? Is it mandatory for listed companies to comply with listing rules or do they apply on a ‘comply or explain’ basis?
The Turkish Commercial Code (TCC) dated 13 January 2011 (Law No. 6102) entered into force on 1 July 2012. The TCC has important objectives, such as ensuring transparency, adopting corporate governance standards and introducing internationally accepted auditing and…
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Corporate Entities
What are the main corporate entities commonly involved in private acquisitions?
In the context of private M&As, the most popular company structures among the various types available under the Turkish Commercial Code are:
Joint stock companies (JSCs).
Limited liability companies (LLCs).
The corporate veil principle applies to both JSCs and LLCs.
In a JSC:
Shareholders can freely transfer their shares to others without the approval of the general…
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ForaIn what fora are insurance disputes litigated?
In the Turkish judicial system, in principle, insurance disputes are resolved by the commercial courts, irrespective of the amount or value of the dispute. On the other hand, insurance disputes arising out of maritime law are heard by a specialised commercial court. Insurance disputes to which a consumer is a party are heard by consumer courts. If a province has no specialised or regular commercial court, disputes are heard…
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