The use of arbitration as an ADR method in Turkey is on the rise, especially for international disputes. There is also a growing demand for the use of domestic arbitration, however, domestic parties mostly prefer court litigation for cultural and financial reasons and because of the way court and arbitration system is structured in Turkey.
The establishment Arbitration of the IstanbulCentre, which aims to attract not only disputes involving Turkish parties but...»
The number of employees in an associated company abroad, must be considered when determining whether an employer has more or less than 30 employees, for the purposes of employment protection under the Turkish Labour Act.
Article 18 of the Turkish Labour Act provides employment protection for employees who have been working for at least six months at a workplace which has at least 30 employees. In these circumstances, an employer must have a valid reason to terminate an employ...»
In a recent decision (merit number 2014/15516, decision number 2015/327, January 14 2015), the 11th Chamber of the Court of Appeal has upheld a decision of the court of first instance (Ankara Fourth Civil Court of Intellectual and Industrial Property Rights, merit number 2014/17, decision number 2014/136, June 11 2014) in which the court had cancelled a decision of the Re-Examination and Evaluation Board of the Turkish Patent Institute (TPI). The board had rejected the plaint...»
The general practice of the Turkish IP Court is to continue with invalidation proceedings brought against the Turkish validation of a European patent even where the patent is still under opposition or appeal before the European Patent Office (EPO).
Although it is obvious why it may not be effective for a local court to evaluate the validity of the patent before the EPO has issued its final decision, the Turkish IP Court has based this practice on the length of EPO proceedings...»
Uğur Aktekin and Bentley James Yaffe of Gün + Partners examine the recent changes to Turkish Internet Law and the potential impact on the country’s IT business environment
Recent years have seen internet usage greatly increase throughout Turkey, reaching 40 million broadband internet subscribers in the third quarter of 2014. With a young and dynamic population, increased internet penetration and a rise in the number of smart devices, Turkey is in a prime position to increase ...»
Alternative models for the reimbursement of health services have been a common phenomenon in Europe for many years. Countries have adopted diverse policies in this regard comprising, for instance, paybacks, price-volume agreements and economic evaluations.
With the enactment of Law 6552 in September 2014, alternative reimbursement models have also become a hot topic in the Turkish healthcare industry.
Law 6552 amended Article 73 of the Social Security ...»
In December 2014, The Organisation for Economic Co-operation and Development (“OECD”) took an important initiative by publishing its very first Foreign Bribery Report. Examining 427 bribery cases, The Report revealed that only 17 out of 41 members of the OECD Anti-Bribery Convention concluded bribery investigations with court decisions over the past 15 years. Such a small number clearly presented the need for better enforcement of anti-corruption laws worldwide.
While such im...»
Within the context of an invalidation action, the Ankara Third IP Court has held that the figurative trademark NEO CARE (depicted below), which covers goods in Class 5 of the Nice Classification, was confusingly similar to the trademark NEXCARE, which also covers goods in Class 5.
The court considers that the device element of the NEO CARE mark was not distinctive and that the main element of the mark was its word element.
Although this is not explicitly mentioned in the deci...»
The Law No. 6563 on the Regulation of Electronic Commerce (the “E-Commerce Law”) has recently been approved by the Grand National Assembly of Turkey and published in the Official Gazette on 05.11.2014. The E-Commerce Law will enter into force by 01.05.2015.
The E-Commerce Law has been enacted in parallel with the EU Directive on E-Commerce (2000/31/EC).
The major provisions to be underlined in the E-Commerce Law are related to commercial electronic communication. Currently, f...»
A recent corruption case involving embezzlement, forgery and bribery by the chairman of a non-profit organisation provides an example of the new asset recovery practice that the Fifth Judicial Reform Package (February 21 2014) has introduced. During the criminal investigation and proceedings, the assets generated by the suspect’s crimes were confiscated successfully and in a timely manner. Further, the prosecutors attached importance to redeeming the value of the...»
International arbitration and domestic arbitration are subject to different legislation under Turkish law. The main legislation regulating international arbitration is the International Arbitration Law numbered 4686, which is essentially based on the UNCITRAL Model Law. The Civil Procedural Law numbered 6100 regulates domestic arbitration and it is not applicable to international arbitration, unless stated otherwise in International Arbitration Law.
Turkey is a p...»
Introduction The graft probe of December 2013, which involved bribery and corruption allegations against four ministers of state and their family members (for further details please see “Government rocked by waves of corruption”) was concluded at the beginning of 2015 with the dismissal of charges and the release of suspects, despite significant criticism and concerns. However, its impact continues to dominate the news agenda in Turkey, especially as the investigations have t...»