Articles -
Business Crimes and Anti-Corruption||
Filiz Toprak Esin
and
Asena Aytuğ Keser
Introduction
Transparency International announced the results of the 2018 Corruption Perceptions Index (the “2018 Index”) on January 29, 2019. As known, this study has been carried out and published by Transparency International since 1995, and reflects the public sector corruption perspective of experts, non-governmental organisations and representatives of the business world on a scale from 0 (highly corrupt) to 100 (very clean).
When compared to the 2017 results, Turkey ha...»
The Euro exchange rate used for approval of medicine prices in Turkey is determined as per the Decision on Pricing of Human Medicinal Products (“Decision”). The Euro exchange rate which has long been fixed to TRY 1.9595 and not updated according to the current rate was determined as 70% of the average Euro value of the previous year by the new Decision which was published on 24 February 2017. Accordingly, the Price Evaluation Commission would gather within the first 45 days o...»
Articles -
Technology, Media and Telecom||Ozan Karaduman
On 7 April 2016, a new law on the protection of personal data came into force in Turkey, Data Protection Law 6698 (Data Protection Law). It is the first law of its kind, regulating the protection of personal data, and also introducing many new obligations that persons or entities dealing with personal data (data controllers) must comply with.
Until 2016, the protection of personal data, except for certain regulated sectors, was regulated by a single provision in the Turkish C...»
Articles -
Dispute Management||
Rıza Gümbüşoğlu
and
Asena Aytuğ Keser
Introduction
In order to improve time and cost efficiency, in recent years the Turkish legislature has created legal initiatives to encourage private parties to settle through compromise rather than litigation. In this regard, mandatory mediation for commercial receivables has been recently introduced via the Law on Legal Procedures to Initiate Proceedings for Monetary Receivables arising out of Subscription Agreements (Law 7155) with new articles being added to the Commercia...»
Articles -
Dispute Management||
Pelin Baysal
and
Bilge Kağan Çevik
The Public Policy Exception as an Unruly Horse
There is an ongoing quest for a uniform application of the New York Convention. However, the interpretation of the exceptions to enforcement still varies. Albeit applying the same provisions, national courts continue to adopt different approaches to the enforcement of foreign arbitral awards. This is particularly true where the public policy exception is raised under Art. V(2)(b).
Considerable debate exists as to what the public ...»
Treatises -
Intellectual Propertyand Patents and Utility Models||Özge Atılgan Karakulak,
Mutlu Yıldırım Köse
and
Zeynep Çağla Üstün
Global Patent Litigation aims to fulfill the increasing need for quality information on the strategy and practical aspects of patent litigation in the major trading countries of the world. Global Patent Litigation starts with a description of how strategy is formulated in international patent litigation, including the main provisions of the European Patent Convention and the European Patent Office.
Next follow chapters by experienced patent litigators on the laws of their res...»
Articles -
Intellectual Propertyand Patents and Utility Models||Selin Sinem Erciyas
A Turkish generic company filed an invalidation action against a leading US pharmaceutical originator company in Turkey and requested the invalidation of its patent – a Turkish validation of a European patent granted by the EPO. The opposition proceedings were still pending before the EPO at the filing date of the invalidation action in Turkey. The patent owner subsequently requested a delay of the national proceedings, stating that the patent claims could still be amended du...»
Country Guides -
Life Sciences||
Özge Atılgan Karakulak
and
Dicle Doğan
1. How is healthcare in your jurisdiction organised?
The healthcare system is governed principally by the Fundamental Law on Healthcare Services No. 3,359, which furnishes the Ministry of Health (MoH) with the authority to issue healthcare-related regulations and establish a healthcare system enabling each and every person living in Turkey to have equal, equitable access to the healthcare system. The regulatory authority is the MoH and its subsidiaries.
The MoH is responsibl...»
Country Guides -
Corporate and M&A||
Gün + Partners
Corporate governance trends
1. What are the main recent corporate governance trends and reform proposals in your jurisdiction?
There are not any recent fundamental legislative changes constituting any corporate governance trends or reform proposals in Turkey.
However, a new system (called Central Registration System (MERSIS)) has been introduced and it has brought certain changes to the registration application procedures of corporate governance matters. The system aims to:
...»
Articles -
Intellectual Propertyand Patents and Utility Models||Selin Sinem Erciyas
As per Article 20 of the Commencement of Execution Proceedings in Monetary Receivables Arising from Subscription Agreements Code, Article 5/A was incorporated into the Turkish Commercial Code on 1 January 2019. The article introduces mandatory mediation for claims involving commercial receivables. The new provisions do not apply to pending lawsuits before first-instance courts, regional civil courts or the Court of Cassation.
Applications for mediation must be finalised with...»
Country Guides -
Business Crimes and Anti-Corruption||
Filiz Toprak Esin
and
Asena Aytuğ Keser
General context and principles
1 Identify the highest-profile corporate investigation under way in your country, describing and commenting on its most noteworthy aspects as it relates to your country
This year, a Ponzi scheme investigation was initiated against Ciftlik Bank, a digital game platform that collected more than 1 billion Turkish lira from around 132,000 users. The public prosecutor started an investigation into four of its companies, alleging the formation of orga...»
Articles -
Intellectual Propertyand Trademarks and Designs||Güldeniz Doğan Alkan
Mediation now mandatory for claims relating to commercial receivables
As civil suits falling under IP-related codes are considered as commercial actions, mediation is now mandatory for certain types of IP disputes
It is expected that mediation will become mandatory for other types of IP disputes
Discretionary mediation was first introduced into the Turkish legal system in 2013 by Law No 6325 on Mediation in Civil Disputes as one of the alternative dispute resolution methods...»