Law No. 805 opens a door for those who want to renounce their earlier decisions. Although Turkish courts circumvent the application of Law No 805 as far as possible, their hands are tied when it comes to the arbitration clauses.
Turkey Legal Update
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.
Penalty clauses agreed for unjust termination of a fixed term employment contract before its expiry are valid and enforceable even if the contract is deemed as an indefinite term employment contract by law due to lack of conditions required to conclude fixed term contracts.
General Assembly of Civil Chambers of the Court of Cassation concluded that having business activity in the same sector of both the plaintiff and the defendant is sufficient to accept presence of legal interest in actions with a revocation request of a trademark based on non–use.
The CoA explained that the "Legal Interest" condition is one of the backbones of Turkish law and it is superior both to the protection of patent rights and to providing Gx clearance on non-infringement of patent.