Code of Civil Procedure Amendments Aim to Improve Functioning of Regional Appellate Courts
On July 20 2016 regional appellate courts were established and a new three-tier court system started to be applied for first-instance judgments. Under the three-tier system, first-instance judgments can be appealed before the regional appellate courts where compliance with laws, as well as merits of the case, are examined and – if necessary – a second trial is conducted. In principle, regional appellate court decisions can be appealed before the Court of Cassation. Due to the… »
Reform, Change and Challenges in Turkey’s Reinsurance Market
Market reforms and big-ticket investments in the construction and energy sectors, especially nuclear and renewable energy, have provided enormous market opportunities for Turkey’s insurance sector. A maturing SME sector, the rise of trade credit products and health insurance have all opened new possibilities for the sector. Meantime, the reinsurance market has grown at about 20% in local currency terms in 2015 even as currency pressures have exerted a negative impact. Even… »
Turkey Introduces New Regulation on Code of Conduct and Discipline of Patent and Trademark Attorneys
The Turkish Patent and Trademark Office (the Office) published the Regulation on the Code of Conduct and Discipline of Patent and Trademark Attorneys on May 18, 2017, following the entry into force of the Industrial Property Code on January 10, 2017. Article 30/A of the Law of the Establishment and Functions of the Turkish Patent and Trademark Office no. 5000, which was introduced by Article 182 of the IP Code, sets forth that disciplinary sanctions shall be exercised against… »
The Rise of Cryptocurrencies – an Overview
Blockchain technology has the potential to become as important as the Internet and its effects could be revolutionary. Conversely, cryptocurrencies are seen as disruptive by many market players. While the number of holders of cryptocurrencies has been increasing, the growth of this new field has resulted in numerous questions and much debate. Cryptocurrencies were introduced to the Turkish market on July 20 2013 under Law on Payment and Security Settlement Systems, Payment… »
The Reinsurance Market in Turkey
According to the Insurance Association of Turkey, there are currently 61 active insurance companies incorporated in Turkey consisting of 37 non-life insurers, 19 Life and Pension insurers, four life insurers and one reinsurer. Reinsurance cover is mostly provided to Turkish insurance companies by foreign reinsurers whereas Milli Reasürans A.Ş (“Milli Re”) i.e the sole local reinsurer in the market has a market share of 27% in 2017. Despite the fact that ceding companies in… »
The Regulation on Employee Inventions
The Regulation on Employee Inventions, Inventions Realised within Higher Education Institutions and Inventions Arisen from Projects Supported by Public Authorities entered into force on September 29 2017. Under the regulation, if an employer demands a full or partial right to an employee invention, reasonable compensation and an award should be paid to the employee. The regulation sets out rules for calculating reasonable awards – in particular, in addition to compensation… »
Update: Rules for Processing Health Data in Turkey
Controversial Regulation on Processing of Health Data has been recently amended Following the Law on Protection of Personal Data (“Law”) dated April 7, 2016; the Ministry of Health (“MoH”) issued the Regulation on the Processing of Health Data and the Maintenance of Privacy (“Regulation”) on October 22, 2016 which was heavily criticized due to its various provisions contradicting with the Law and introducing burdensome obligations beyond the Law. Actions were brought before… »
Life Sciences Newsletter, November 2017
Social Security Institution Inspects Approved Clinical Research Dicle Doğan and Fatma Sevde Tan, Gün + PartnersOn 4 October 2017, the Clinical Research Association announced that the Social Security Institution (SSI) had initiated general inspections on clinical research approved by the Ministry of Health in 2015 and 2016 on the grounds of ensuring compliance with SSI legislation. Clinical research is regulated by the Regulation on Clinical Research of Drugs and Biological… »
Labour Courts Act Comes Into Effect
Introduction On October 25 2017 the Labour Courts Act (7036) was published in the Official Gazette and officially came into effect. The act aims to ease the judiciary’s workload and accelerate the judicial process inemployment cases. It has introduced a number of changes, the most important of which include: mandatory mediation for employers and employees before initiating lawsuits; an amended procedure for reinstatement cases; and a reduced statute of limitations of five… »
Constitutional Court rules on Annulment Request Regarding Article 5 of Cheque Law
Introduction On July 15 2016 the Omnibus Act amended the Cheque Law (5941) regarding the issuance of cheques, bounced cheques and the liability of cheque issuers and banks. In addition to introducing new provisions (eg, the requirement to register cheques under the two-dimensional barcode system), the Omnibus Act reintroduced previously abandoned criminal liability for bounced cheques. In this regard, Article 5 of the Cheque Law imposed a judicial fine of up to 1,500 days per… »
Seminars on Code of Conduct and Discipline Rules in Turkey
The coming into force of the Regulation on the Code of Conduct and Discipline of the Turkish Patent and Trademark Office for Patent Attorneys and Trademark Attorneys, crystallised for the Board of Directors of FICPI Turkey the subject of the opening seminar as the Code of Conduct and Discipline Rules. The Board decided to organise two seminars in collaboration with the Turkish Patent and Trademark Office to reach as many patent and trademark attorneys as possible. The first… »
Investing in Turkey
It is without a doubt that countries across Europe and the Middle East have experienced a flood of difficulties over recent years. Turkey has also experienced tough times, particularly in 2016 due to the increase in terrorist attacks, failed coup attempt, the ongoing state of the emergency situation and political instability in Turkey’s neighbouring countries. These political issues have generated uncertainties surrounding the Turkish economy, which resulted in a decrease in… »