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Enhancing the Justice System

Over the past year, several Turkish laws have been amended to help improve the country’s investment environment and to make it easier for investors by increasing the quality and speed of the judicial system. The Law on the Amendment of Certain Laws for the Improvement of the Investment Environment No. 7099 introduced changes to regulations in the Turkish Commercial Code, Tax Procedure Law, Social Security and General Health Insurance Law, Property Law, Law on Municipal… »

Turkey Residents’ FX Contracts Are Prohibited

The Presidential Executive Decree No. 85, dated 12 September 2018, amending the Decree No. 32 on the Protection of the Turkish Currency purports to prohibit the [private or public] residents in Turkey from agreeing in their payment obligations in or indexed to foreign currencies in the [private law] contracts between them or in the contracts emanating payment obligations for and in relation to sale and purchase of movable and immovable, all kinds of lease and rentals of… »

Board Decisions on the Obligation to Register to the Data Controllers Registry

With its recent decisions published on the Official Gazette dated August 18th 2018, the Data Protection Board, the regulatory authority on data protection in Turkey (“Board”), has announced additional data controller categories exempt from the obligation to register to the Data Controllers Registry and also set forth the starting dates and deadlines of the obligation to register to the Data Controllers Registry for different categories of data controllers that do not enjoy… »

Obligation to Bring Export Revenue to Turkey

Updates -

In accordance with the communiqué on export Revenue published in the past few days, Revenue relating to export transactions carried out by residents in Turkey, will be transferred or brought directly and without delay to the bank which mediates the export after the importer’s payment. The last regulation regarding the Resolution No: 32 on the Protection of the Value of Turkish Currency has been made with the Communiqué Concerning the Resolution No: 32 on the Protection of the… »

International Registrations Subject to Disparate Treatment in Opposition Proceedings

The new Turkish Intellectual Property (IP) Code came into force on January 10, 2017 (as previously reported in the INTA Bulletin on February 15, 2017, Vol. 72, No. 3 and on October 15, 2017, Vol. 72, No. 18), and introduced a major change to Turkish trademark law and practice with respect to the non-use defense in opposition and litigation proceedings. Under the new law, the Turkish Patent and Trademark Office must notify the applicant of an opposition filed against its… »

Mandatory Mediation

It is now mandatory to apply for mediation, before certain claims are brought, as follows: for both employers and employees – claims regarding employee “receivables” and compensation arising from either the Labour Act, the employment agreement, and/or a relevant collective bargaining agreement; and for employees – claims for re-instatement. Mandatory mediation is not applicable to claims arising from occupational accidents and diseases. Where mediation is mandatory, this… »

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