The Turkish Code of Civil Procedure No. 6100 (“CCP”) regulates the granting of a preliminary injunction in return of a guarantee. However, the focus of this study is on the fate of the guarantee provided for a preliminary injunction in the event that a compensation action is filed after the finalisation of the action in which guarantee is given. Yet there is neither a specific provision in the CCP on this issue, nor a concrete, established practice on how this important issue…
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The Turkish courts have ruled in favour of the owner of a mark consisting of a very common expression
The courts found that, even though ‘İyi Yaşam’ is a common expression, the plaintiff’s intensive use strengthened the distinctiveness of the mark
Arguably, such outcome is not in line with previous Court of Cassation decisions
In a recent decision, the Court of Cassation has favoured the registrant of a weaklydistinctive sign in the similarity examination by ignoring the…
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In its recent decisions[1], the Turkish Court of Cassation conducts a comprehensive evaluation of the organic connection when determining whether the legal entities named as defendants in the case are jointly and severally liable for the employment receivables.
In this context, taking into account the definition of organic connection provided in the case law of the Court of Cassation[2] and that of the General Assembly of Civil Chambers of the Court of Cassation, actors such…
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Due to economic fluctuations in Turkey in the recent years, landlords have been seeking to increase rent prices and tenants have not responded favorably to these requests which eventually lead to an increase in disputes over eviction. Particularly in residential and commercial property leases, due to the unique and stringent conditions imposed by the Turkish Code of Obligations No. 6698 (“the Code”) on the termination of lease agreements and the eviction of tenants, landlords…
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In a decision dated March 18 2025 (No. 2024/3844 E. (Merits), 2025/1879 K), the 11th Civil Chamber of the Turkish Court of Cassation upheld a Regional Court of Appeal finding that a trademark application had been filed in bad faith – reversing a ruling that dismissed the claim.
Background to the case and the first-instance ruling
On April 11 2019, an application was filed for the registration of the trademark ‘Stayer+’ in classes 7 and 35 of the Nice Classification. The…
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The Advertising Board (“Board”) works to raise awareness about targeted advertising and deceptive commercial design practices, monitor international regulations and applications related to digital advertising and the use of personal data, and take necessary measures against current or potential violations. In this regard, the Board cooperates with the Personal Data Protection Authority. The Board also strictly supervises advertisements and commercial practices involving the…
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The Turkish Medicines and Medical Devices Agency (the “Agency”) has announced new notification obligations for economic operators in the event of an interruption or discontinuation (termination) of the supply of medical devices. This regulation was developed in line with the Medical Devices Regulation and the In Vitro Diagnostic Medical Devices Regulation, which were enacted as part of the European Union (“EU”) harmonization process and was published on May 21…
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Form of awards
1. 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…
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SOURCES OF CORPORATE GOVERNANCE RULES AND PRACTICES
Primary sources of law, regulation and practice
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…
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As previously discussed in articles such as The Unified Patent Court: How Will It Affect Turkey? by Gün + Partners, decisions of the Unified Patent Court (UPC) on the infringement or validity of a European patent are not binding on the national courts of non-EU countries, including the United Kingdom, Norway, Switzerland, and Türkiye. This reflects the principle of territoriality, which limits the jurisdiction of international courts to their member states. Although these…
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The threshold values to be used in determining whether companies will be subject to independent audit under the Turkish Commercial Code No. 6102 (the “TCC”) for financial year starting on or after January 1st 2025 have been updated with the Presidential Decree published in the Official Gazette dated May 1st 2025 and numbered 32887.
Accordingly, the general thresholds for being subject to independent audit for companies other than those specifically listed in the annex of the…
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ABSTRACT
Bad faith in EU trademark law is regulated under the EU Trademark Regulation and related directives. According to the Court of Justice of the European Union, bad faith is an autonomous concept of EU law and must be interpreted uniformly across the Union. Although various legislative efforts continue within the EU harmonization framework, amendments to the regulations and directives alone do not ensure consistent and predictable decisions by national trademark offices…
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