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Turkey Legal Update

November 2020

Turkish Color of the Month

Born in Elazığ on the east of Turkey, Saim Dursun, depicts, with the warm liveliness of light and color on his spatula, the true Anatolian picture uncovering the strong willpower of Turkish people and their joy of life despite hardship.

November By Saim Dursun ©

The Importance of Special Conditions When Coping with Negative Oil Prices and Covid-19

Insurance and Reinsurance and Energy and Natural Resources
By Pelin Baysal and Ilgaz Önder

As the special conditions and party autonomy when drafting the policies gain importance in Turkish jurisdiction, the parties to insurance contract are better equipped against contemporary issues of trade environment during and following Covid-19.


News and Events

IBA and Gün + Partners Webinar
IBA and Gün + Partners Webinar

On Nov 25 at 08:30-09:30 (GMT), IBA and we are co-hosting "Recent developments on dispute management in Turkey and comparison with selected jurisdictions" webinar.

Gün + Partners Received the WWL Award
Gün + Partners Received the WWL Award

We are honoured our firm has been awarded the “Who’s Who Legal Country Firm of the Year Award for Turkey” for the 4th consecutive years in 2020.

The Istanbul University Law Faculty Event
The Istanbul University Law Faculty Event

Güldeniz Doğan Alkan shared her insights on becoming a lawyer and Turkish IP law.


Terms of Termination Ban, Unilateral Unpaid Leave and Short-Time Working Allowance Have Been Extended Once Again

Employment
By Beril Yayla Sapan and Asena Aytuğ Keser

Two very recent Presidential Decrees extended the terms set out for termination ban and unilateral unpaid leave until 17 January 2021; and the term set out for the short-time working allowance until 31 December 2020.


The Restriction on Foreign Currency Denominated or Indexed Contract Prices Continues

Corporate and M&A
By Pelin Baysal, Cansu Akbıyıklı and Edanur Atlı

Communiqué No: 2018-32/52 set the exceptions as to contract prices that cannot be in foreign currency. Status of the residential and roofed workplaces’ leases was uncertain which is now clarified with the Ministry’s recent announcement.



New Code of Civil Procedure Extends Deadlines in Patent Litigation

Patent and Utility Models
By Selin Sinem Erciyas, Aysel Korkmaz Yatkın and Aysu Eryaşar

The amendment to Article 281 of Code of Civil Procedure rules that Judge may grant an additional two-week period for the statements against the expert report. This was a necessary amendment, but it is noteworthy that it is not sufficient.

Turkish Court of Appeal Rules on Abuse of the Right to Sue

Trademarks and Designs
By Güldeniz Doğan Alkan and Dilan Sıla Kayalıca

In a recent case, the Turkish Court of Appeal ruled that even in cases of bad faith on the part of the defendant, the claimant can face the principle of loss of right due to silence as well as the barrier of abuse of the right to sue.


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