Mandatory Mediation for Commercial Receivables
Mediation has become a must in commercial receivables actions and to this end some provisions of Turkish Commercial Code (“TCC”) and Code of Mediation in Civil Disputes have been amended within the scope of Code of Commencement of Execution Proceedings in Monetary Receivables Arising from Subscription Agreements (the “Code”) which became effective by being published in Official Gazette dated 19 December 2018 and numbered 30630. In this regard; By incorporating Article… »
Composition with Creditors
It is no secret that the Turkish economy has been suffering from a few problems. As is usually the case for all economies under distress, various Turkish businesses have been in dire straits. The depreciation in Turkish lira and inflation, together with other factors, put a lot of pressure on the Turkish economy. Various companies in Turkey started to have problems in making their payments in due time. A number of these companies applied for the procedure of composition with… »
Private Mergers and Acquisitions 2019 in Turkey
Corporate entities and acquisition methods 1. What are the main corporate entities commonly involved in private acquisitions? In private acquisitions the main companies used are joint stock companies and limited liability companies. 2. Are there any restrictions under corporate law on the transfer of shares in a private company? Are there any restrictions on acquisitions by foreign buyers? Restrictions on share transfer Under the Turkish Commercial Code numbered 6102 there… »
Obligation to Apply for and Obtain Marketing Authorization is Regulated for the Drugs Supplied from Abroad on a Named Patient Basis
The Omnibus Act Amending Some Laws and Decree-Laws related to Health (“the Act”) is published on the Official Gazette dated 5 December 2018 and numbered 30616. Article 1, 2, 3 and 4 of the Act amended the Law on Commercial Pharmaceutical Warehouses and Shops that Sell Poisonous Chemical Substances Used in Arts and Agriculture (“Law on Warehouses”) numbered 984, Article 8 of the Act amended the Pharmaceuticals and Medical Preparations Law numbered 1262 and Article numbered 31… »
What Can Big Data Offer to Insurers and Insureds?
Insurance market has been heavily relying on its conventional tools of risk assessment. This is now under the transformative and disruptive impact of technology. In particular, big data -i.e. large volumes of data sets that are hard to process using traditional data processing methods (“Big Data”) – are claimed to have the potential to replace the conventional tools of risk assessment by their more efficacious equivalents. The provisions of insurance under Turkish Commercial… »
Document Production in International Arbitration: The Good or the Evil?
Document production is one of the most important and controversial topics in international arbitration. Some practitioners consider the document production as “an essential element of justice”, whereas some others consider it as “a waste of time and money”. So, where does the truth lie? Does Common Law Provide Better Justice than Civil Law or Vice Versa? In common law countries, the rationale for discovery suggests that justice can only be established if both sides have… »
Legitimate Interest in Turkish DPL Compared with GDPR and Directive
Legitimate interest has been the subject of various interesting discussions in the European data protection practice. As the Turkish Data Protection Law is modeled on Directive 95/46/EC and also includes some concepts from the GDPR, legitimate interest became an important topic also in the Turkish data protection practice. Although the wording of legitimate interest as a lawful basis under the DPL is similar to the directive and the GDPR, there are important differences. The… »
New Tools for TMs
Turkey’s Industrial Property Code No. 6769 (IPC) came into force on 10th January 2017 and brought in a number of new rules, with the major amendments relating to: letters of consent; non-use defence in opposition and litigation proceedings; and time limits for cancellation actions. Importantly, the IPC introduces the principle of coexistence into Turkish trade mark law. Accordingly, letters of consent from the senior trade mark owner or trade mark application owner have… »
Online Notification of Sanctions Issued to Medical Device Companies
Online notification of sanctions issued to medical device companies Dicle Doğan and Fatma Sevde Tan, Gun + Partners The Turkish Medicines and Medical Devices Agency has announced that sanctions for breaches of the provisions governing the online notification of scientific and educational meetings (Turkish language) shall be imposed automatically via the online system only. Pursuant to Article 21 of the Regulation on the Sale, Advertisement and Promotion of Medical Devices and… »
Choosing the Proper Court for Provisional Attachments in Relation to international arbitration seated in Turkey
Turkish international arbitration law (IAL) governing disputes with a foreign element, where the seat of arbitration is Turkey,1 contains a provision (article 6) which paves the way for the parties’ application before Turkish courts for provisional attachments. The IAL widens the scope of Turkish courts’ jurisdiction to render provisional attachments by stating that this particular provision is applicable not only for arbitrations seated in Turkey but also for those seated… »
What are the Rules Around the Non-Use Defence in Oppositions?
The new IP Code came into force on January 10 2017 in Turkey. One of the major changes in the new IP Code is a non-use defence in opposition proceedings. According to the IP Code, if the ground trade mark was registered more than five years from the application date (or priority date) of the opposed trade mark application, upon request by the owner of the trade mark application, the Office is obliged to ask the opponent to prove effective use of the ground trade mark(s) on… »
Tobacco Products Packaging: Plain Packaging and Limited Trademark Use Came into Force
The Law on Amending Some Laws and Decree-Laws related to Health numbered 7151 (“the Law no. 7151”) has been adopted in The Grand National Assembly of Turkey on 15.11.2018 and published in the Official Gazette on 05.12.2018. Articles 23, 24 and 25 of the Law no. 7151 amend some articles of The Law on Prevention and Control of Hazards of Tobacco Products dated 26.11.1996 and numbered 4207 (“The Law no. 4207”) and bring new regulations to tobacco market. Major Changes Summary of… »