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Amendments to Postponement of Bankruptcy Rules

Introduction On July 15 2016 Parliament enacted an omnibus bill which amended several laws. The Law on the Amendment of Some Laws to Improve the Investment Environment focuses on: reducing costs in relation to the investment environment; eliminating the legal differences in relation to R&D incentives; harmonising practices among financial institutions; encouraging foreign investment; and reducing the costs of establishing companies and opening branches. Conversely, the… »

Litigation Procedures and Strategies in Turkey

Turkey is a party to most major international treaties relating to intellectual property, including the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Paris Convention for the Protection of Industrial Property. Turkey is also a member of international organisations such as the World Trade Organisation that have a connection with intellectual property. Legislative framework and causes of action Turkey is a party to most major international treaties… »

Court Rules on Monitoring Electronic Communications During Internal Investigations

Introduction White collar crimes – such as bribery, corruption and fraud – have been and continue to be a major concern for businesses of all sizes, regardless of the industry in which they engage. Internal corporate investigations are key to combating white collar crime. They aim to determine whether a company and its employees have been involved in bribery, money laundering, fraud or embezzlement. Internal investigations not only serve to determine crimes committed, but are… »

The International Arbitration Review, Turkey Chapter, 7th Edition

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I. INTRODUCTION The use of arbitration as an ADR method in Turkey is on the rise, especially for international disputes. There is also a growing demand for the use of domestic arbitration; however, domestic parties mostly prefer court litigation for cultural and financial reasons and because of the way the court and arbitration system is structured in Turkey. The establishment of the Istanbul Arbitration Centre (ISTAC), which aims to attract not only disputes involving… »

Recent Amendments to Stamp Tax Law in Turkey

Stamp tax in Turkey is only applicable to transactions that take place in within Turkish borders. In transactions where the deal volume is high, stamp tax can often be a hindrance since it can be a real burden on the parties. Stamp tax is regulated by the Stamp Tax Code (Numbered 488) and applies to a wide range of papers such as agreements, surety, guarantee and pledge documents, settlement letters or bills of lading. The term “paper” within the scope of Stamp Tax Code means… »

Descriptive, or Not Descriptive—That Is the Question: A Review Under Turkish Law of Likelihood of Confusion When Trademarks Share Descriptive Terms

I. INTRODUCTION In a landmark decision, Diamond Kuyumculuk Ticaret Limited Şirketi v. Med-Art Sağlık Hizmetleri ve Kuyumculuk Sanayi ve Limited Şirketi (the “BLUEDIAMOND decision”),¹ the General Assembly of the Civil Chambers of the Court of Appeals of Republic of Turkey found a likelihood of confusion between two trademarks, each covering, inter alia, jewelry and clock goods and design services, based only on the common use of the word “diamond,” which is inarguably… »

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