New Milestone in Turkish arbitration: Istanbul Arbitration Association’s Code of Ethics for Arbitrators
The Istanbul Arbitration Association (ISTA) is the only non-governmental organisation (NGO) in Turkey focused on transforming the country, and especially Istanbul, into a reputable, reliable and effective arbitration centre, fully recognised in the national and international arenas. It works to promote the advantages of using Istanbul as a seat of arbitration, to foster arbitration in Turkey, and to ensure that arbitration practices in Turkey are conducted in a fair… »
Can One Arbitrate With a Turkish Party Based on a Contract in a Language Other Than Turkish?
Although parties to international transactions frequently agree to arbitrate, they sometimes reconsider that commitment when a dispute arises, and look to challenge the validity of the arbitration agreement. Thanks to the separability presumption, the courts and the tribunals insulate the arbitration agreements from attacks on the underlying contract and uphold arbitration. However, the separability presumption sometimes backfires; particularly if one is attempting to… »
Court of Cassation Issues Long-Awaited Decision on Non-Use Revocation Actions
A four-day legal gap was created following the annulment of Article 14 of Decree-Law No 556, which regulated the use requirement The Court of Cassation has recently considered this legal gap for the first time It is now clear that one may file a non-use revocation action without having to wait for the expiry of the five-year period following the publication of the IP Code Background In 2016 the Turkish Constitutional Court annulled Article 14 of Decree-Law No 556, which… »
Collection of Limited Liability Company’s Tax Debts from Shareholders is Now Easier
The liability arising out of the failure to pay the company debts directly belongs to the company itself since it has a separate legal entity. Therefore, the application is made to the legal entity first for the unpaid tax debts of the limited liability company, and if it is determined that the debt cannot be collected from the company, the application is directed to the legal representatives or to the shareholders. This is being the rule; the company itself is responsible… »
Significant Amendments to the Regulation on the Implementation of the Industrial Property Code
Amendments to the Turkish Property Code were published in the Official Gazette on 8 July 2019 Notarised signature declarations/notarised signature circulars are no longer required for a number of procedures It is hoped that this will eliminate paperwork and speed up processes at the Patent and Trademark Office The Turkish Regulation on the Implementation of the Industrial Property Code, which is the main regulation for industrial property rights, has been amended by a… »
Liability of Board Members Without Representation Authority for Social Security Institution Debts
The Turkish Constitutional Court rules in its decision dated May 30, 2019 and having the application number of 2015/11192 and also published in the Official Gazette numbered 30836 and dated July 19, 2019 (the “Decision”) that holding the board of director’s members, not having any representation authority, jointly and severally liable with the joint stock company for the Social Security Institution (“SSI”) debts does not violate proprietary right of the concerned member of… »
Victory for Red Bull as Trademark Office Refuses Application for Blue and Grey Colour Mark
Red Bull opposed an application for a colour combination mark for goods in Class 32 based on earlier colour/device marks for identical goods The examiner found, among other things, that there was no risk that the application would take unfair advantage of, or be detrimental to, the distinctiveness or well-known status of Red Bull’s marks The board disagreed, finding that the application was confusingly similar to Red Bull’s marks and might mislead consumers as to the source… »
Filing an Abridged Application Within Terms of RDP Does Not Constitute Unfair Competition
Co-published Regulatory data protection (RDP) terms are dealt with only in the Licensing Regulation of the Ministry of Health (MoH). In principle the provision grants the protection of data for six years following the first marketing authorisation for a drug granted in the European Union. However, there is no mechanism to prevent a generic drug company from using the data before the term expires. The MoH interprets the provisions as granting market exclusivity and allows… »
Justification of Court Decisions – an Overview
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… »
Brand Owners Must be Careful About Bringing Criminal Action for Infringement
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… »
The Importance of Evidence Gathering for Criminal Cases
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… »
Mandatory Mediation In Labour Disputes – an Overview
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… »