The Civil Procedure Law dated June 18, 1927 and numbered 1086 (the “CPL”) used to be the governing legislation in Turkey in terms of all arbitration proceedings whether domestic or international. However, the relevant provisions of the CPL were originally intended to regulate domestic arbitration proceedings. Those provisions were therefore not properly responding to the needs of those parties to international disputes. Taking into consideration the need for a specific and…
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Introduction
The Telegram and Telephone Law dated February 21, 1924 and numbered 406 (the “Law No. 406″) has been the governing regulation with regards to telecommunication activities for more than eighty years and despite the fact that it was subject to substantial amendments after the abolishment of monopoly on telecommunication activities, it failed to fully satisfy the demands of the telecommunication market. On November 10, 2008, the Electronic Communication Law numbered…
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Many countries are becoming increasingly concerned about the issue of obesity, which by definition is:
“a condition in which the natural energy reserve, stored in the fatty tissue of humans and other mammals, is increased to a point where it is associated with certain health conditions or increased mortality.”(1)
Although obesity is an individual clinical condition, the fact that it has been observed as a serious and growing public health problem has pushed many countries to…
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The Ankara Court of Intellectual and Industrial Property Rights has reversed a decision of the Turkish Patent Institute (TPI) in which the latter had refused to register the trademark BEST BUY on absolute grounds (Case 2007/227, Decree 2008/82, March 27 2008).
Best Buy Enterprise Services Inc, a US company engaged in the business of selling consumer electronics, applied for the registration of the trademark BEST BUY (and design) with the TPI for services in Class 35 of the…
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1) ARBITRATION AGREEMENTS1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of your country?The legislation governing arbitration proceedings in Turkey, is the “Civil Procedure Act No. 1086″ for domestic arbitration and the “International Arbitration Act No. 4686″ for international arbitration proceedings.In order for an arbitration agreement to be valid:- It must be enacted relating to an arbitrable matter (disputes relating to rights in…
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The General Assembly of the Court of Appeals has put an end to the debate as to the interpretation of the expression ‘date of registration’ in Articles 14 and 42 of the Trademark Law 556 (Case 2007/11-974-2007/962, December 12 2007).
Çenay Feyzioglu filed an action for the cancellation of Çetin Çakir’s trademark BIO COS (and design) or the removal of the design from the trademark based on the earlier registered trademark LOTUS (and design). Feyzioglu had also filed an action…
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