1. Do the main laws that regulate the employment relationship apply to:
Foreign nationals working in your jurisdiction?
Nationals of your jurisdiction working abroad?
Laws Applicable to Foreign Nationals
Under Article 27 of the Act on Private International and Procedural Law No. 5718, employment contracts with a foreign element are subject to the governing law chosen by the parties, without prejudice to the minimum protection that employees are afforde...»
Provide a brief definition of a patent, the key legal requirements to obtain it and the law that applies.
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 a patent:
1. On what basis can the main IPRs be assigned? What formalities apply?
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 the Turkish Patent and Trademark Office (TPTO) is requ...»
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, Turkey is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. However, Turkey is a ...»
Sources of Law
What are the main areas of law and regulation relating to product liability?
The Product Safety and Technical Regulations Law 7223 (Law 7223) is the main law regarding product safety. Replacing Law 4703 on the Preparation and the Application of the Technical Regulations Related to Products, Law 7223 places some new obligations on actors who supply products to the market. It also ensures that the national legislation is in line with the European Union's 2019 l...»
1. What are the current major trends in the private M&A market?
M&A activity in Turkey started to increase again once the national lockdown was lifted in June 2020 and 304 deals were recorded in Turkey in 2020 with a total deal value of USD9 billion. According to the Deloitte Annual Turkish M&A Review, 2021 M&A volume was around US$10.1 billion, corresponding to a growth of 12% compared to 2020.
Major deals (transactions with volumes exceeding USD1 billi...»
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 repor...»
i Nature of the insurance and reinsurance market
There are currently 67 active insurance companies incorporated in Turkey, consisting of 42 non-life insurers, 21 life and pension insurers and four reinsurers.2
The premiums collected in 2021 (as of December) amounted to approximately 105.3 billion Turkish lira, an increase of 27.5 per cent compared with the previous year. Of this aggregate value, approximately 87.6 billion lira was derived from non-life insurers, ...»
1. What are the principal sources of law and regulation relating to patents and patent litigation?
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.
Regulation on the Implementation of the Europe...»
In what fora are insurance disputes litigated?
In the Turkish judicial system, 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. If a province has no specialised court or any other regular commercial court, disputes are heard by the general competent court, namely a civil court of first instance.
How is healthcare in your jurisdiction organised?
The healthcare system is governed principally by the Fundamental Law on Healthcare Services No. 3,359, which furnishes the Ministry of Health (MoH) with the authority to issue healthcare-related regulations and establish a healthcare system enabling each and every person living in Turkey to have equal and equitable access to the healthcare system. The regulatory authority is the MoH and its subsidiaries.
The MoH is responsibl...»
The Global Advertising Lawyers Alliance (“GALA”) releases the second edition of “Sweepstakes & Contests: A Global Legal Perspective” book on OCT 2021. The book consist of a global legal compendium of the laws related to sweepstakes & contests in 70+ countries around the globe. Turkey chapter of the book was prepared by Hande Hançar and Baran Güney.