Mehmet Gün gave an interview to InterContinental Finance & Law Magazine about our firm and his role in the firm as the founder.
Click here to read the inverview....»
Articles -
Dispute Management||
Beril Yayla Sapan
and
Melis Sılacı Korkmaz
The justification of court decisions is regarded as a fundamental right and a key element of the right to a fair trial (ie, the right to a reasoned decision). This right is protected by Article 6 of the European Convention of Human Rights, the Turkish Constitution, the Code of Civil Procedure and Supreme Court precedents.
Legislation
The Constitution and the Code of Civil Procedure set out general rules regarding the justification of decisions.
Article 141 of the Constitution...»
Articles -
Anti-Counterfeiting||
Barış Kalaycı
and
Talat Yörük
The enforcement of trademark infringement crimes is not exofficio in Turkey. In other words, trademark owners have to file a criminal complaint to start criminal IP proceedings for each and every case. Thus trademark owners have to take into consideration beforehand, all possible risks that might occur in a worst case scenario, especially counterclaims which could include damages figures put forward by infringers if no fake products can be seized during an actual raid or even...»
Articles -
Anti-Counterfeitingand Intellectual Property||
Zeynep Seda Alhas
and
Ali Bozoğlu
In Turkey, the prosecution of criminal offenses in trademark law depends on a proper complaint filed by the trademark owner. Once the complaint and the evidence is submitted to the local prosecutor’s office, the file is brought before the local Criminal Court. The Criminal Courts, however, become more and more reluctant to issue the decisions recently. Hence, it is now more important than ever for the trademark owners to be well-prepared before filing the complaint, in terms ...»
Articles -
Employment||
Beril Yayla Sapan
and
Asena Aytuğ Keser
On 1 January 2018 applying to a mediator was made a prerequisite when filing a lawsuit concerning monetary claims by employees or employers arising out of employment contracts, collective labour agreements or reinstatement claims. As a result, parties must now apply for mediation before filing a lawsuit; otherwise, the lawsuit will be rejected due to the absence of a prerequisite.
Mandatory mediation was introduced to accelerate legal proceedings and lower the costs in employ...»
Country Guides -
Corporate and M&A||
Pelin Baysal
and
Görkem Bilgin
1. 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) (TCC) entered into force on 1 July 2012. The TCC has important objectives such as ensuring transparency, adopting corporate governance standards and...»
Articles -
Employment||
Beril Yayla Sapan
and
Asena Aytuğ Keser
As a result of a presidential decree aimed at protecting the value of the Turkish lira, residents in Turkey are now prohibited from agreeing to the value of monetary obligations in a foreign currency (or indexed to a foreign currency) in certain types of contracts, including employment contracts.
Presidential Executive Decree 85 was published on September 12, 2018, amending Decree 32 on the Protection of the Value of Turkish Currency and became fully effective on October 13, ...»
Articles -
Intellectual Propertyand Patents and Utility Models||
Selin Sinem Erciyas
and
Maral Sayan
Co-published
It has become common for a plaintiff in an invalidation or determination of non-infringement action to demand a precautionary injunction against a defendant patentee to prevent it from enforcing its patent rights against the plaintiff, although there is no explicit legal provision for this in the Turkish Patent Law or procedural law.
The grounds on which such demands are based are highly questionable, considering that a patent term is limited and the period...»
Articles -
Technology, Media and Telecom||
Hande Hançar
and
Elif Melis Özsoy
The regulation of unsolicited commercial communications
1. How does national law regulate the making of unsolicited telephone calls for marketing purposes?
Electronic commercial communications are regulated by the Law on the Regulation of Electronic Commerce numbered 6563 (E-Commerce Law), which came into force on 1 May 2015, along with the Regulation on Commercial Communication and Electronic Commercial Messages (Commercial Communication Regulation). The E-Commerce Law defi...»
Articles -
Intellectual Propertyand Patents and Utility Models||Selin Sinem Erciyas,
Aysel Korkmaz Yatkın
and
Aysu Eryaşar
Headnote
The Turkish Court of first instance held that the liability for damages arising from an unfair preliminary injunction (where no infringement was found in the action on the merits) is a type of strict liability and therefore did not investigate whether the defendant was at fault when ruling that the conditions for compensation were deemed to be fulfilled. The decision given in this case is the first known decision in Turkey for the compensation of damages arising from...»
Country Guides -
Intellectual Propertyand Trademarks and Designs||Güldeniz Doğan Alkan
I. PRE-FILING REQUIREMENTS/DEMAND LETTERS
Although it is not mandatory to send a demand letter before instituting proceedings in this jurisdiction, it is common to send such a letter.
Although it is not mandatory to attempt to settle with the other party before instituting proceedings in this jurisdiction, it is commonly done.
It is neither mandatory nor common to engage in mediation or other alternative dispute resolution proceeding with the other party before instituting i...»
Articles -
Life Sciences||
Özge Atılgan Karakulak
and
Fatma Sevde Tan
Turkish Medicines and Medical Devices Agency (“Agency”) recently published draft regulations for consultation in the field of medical devices. The drafts are important in terms of meeting with current market needs and harmonizing with EU legislation.
The first draft regulation is the Regulation on Medical Devices which was drafted in parallel with the EU Medical Device Regulation (EU/2017/745). The significant changes are the explicit regulation of processes for placing on th...»