When we take a closer look at the history of the Turkish judiciary system, the Court of Cassation has been an institution existing under different names and with different powers since 1868, and it serves as the supreme court of our judicial justice system. The Court of Cassation has taken the current position and duties together with the establishment of regional courts of justice, and the adoption of the triple justice system.
Prior to the establishment of regional courts…
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In a recent decision that challenged long-standing precedents, the Court of Cassation has concluded that the Turkish Patent and Trademark Office (the Office) has no authority to create and maintain a registry for recording well-known trademarks.
The background of the case relies upon the fact that the plaintiff’s application to have its trademark recorded as well-known was rejected by the Office’s Re-examination and Evaluation Board (the Board). The plaintiff filed a…
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In principle, a court order rendered in one country has its legal effects and consequences only within the same country. For a foreign court decision to create legal effects and consequences, in Turkey, this decision needs to be legally recognized and/or enforced by Turkish courts. Regulations regarding the recognition and enforcement of foreign court decisions are stipulated between Articles 50 and 59 of the International Private and Civil Procedure Code (“IPCPC”), numbered…
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As of January 01, 2019, mediation is mandatory for monetary related commercial disputes in Turkey. In our 2019 thought leadership paper, we shared our opinions on the effects of such development applied to IP related disputes in which compensation or payment of a certain amount is sought. Up to this point, practical impacts of this change were a question, especially for the cases that include both monetary and non-monetary claims. Recent decisions of the Turkish Court of…
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Private life has been protected under the Turkish Constitution before the enactment of Data Protection Law came into force in 2016 in Turkey. Disputes related to monitoring employee personal data in the work place have been subject to court decisions based on the constitutional provisions mostly and also several decisions have been taken by the Data Protection Authority (“DPA”) in this respect.
Legal grounds for data processing…
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Turkey’s geographical location and dynamic population make Turkey an important market for smuggled products and one of the major transit countries. In its most basic definition, a smuggled product corresponds to the products entering the country without permission or with underreporting/false declaration. Products subject to the crime of smuggling comprise a wide range of sectors from pharmaceuticals to tobacco and alcohol products, from textiles to phones and car components.…
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