Introduction
The Fifth Judicial Reform Package introduced important amendments to the Criminal Procedure Code on February 21 2014, including new requirements for the confiscation and freezing of assets as a precautionary measure during criminal investigations. These included a requirement for the competent authority to prepare a report in order for a confiscation decision to be rendered. Based on the nature and specifics of the case, the competent authority could be:
the…
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Legal framework
Turkey is a party to most international IP-related treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), which aims to harmonise the legal framework for anti-counterfeiting and anti-piracy. Accordingly, Trademark Decree-Law 556 is almost fully compliant with TRIPs. There are specialist civil and criminal IP courts in the three largest Turkish cities (Istanbul, Ankara and Izmir). In other cities the regular civil…
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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 court and arbitration system is structured in Turkey.
The establishment Arbitration of the IstanbulCentre, which aims to attract not only disputes involving Turkish parties but…
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The number of employees in an associated company abroad, must be considered when determining whether an employer has more or less than 30 employees, for the purposes of employment protection under the Turkish Labour Act.
Article 18 of the Turkish Labour Act provides employment protection for employees who have been working for at least six months at a workplace which has at least 30 employees. In these circumstances, an employer must have a valid reason to terminate an…
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In a recent decision (merit number 2014/15516, decision number 2015/327, January 14 2015), the 11th Chamber of the Court of Appeal has upheld a decision of the court of first instance (Ankara Fourth Civil Court of Intellectual and Industrial Property Rights, merit number 2014/17, decision number 2014/136, June 11 2014) in which the court had cancelled a decision of the Re-Examination and Evaluation Board of the Turkish Patent Institute (TPI). The board had rejected the…
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The general practice of the Turkish IP Court is to continue with invalidation proceedings brought against the Turkish validation of a European patent even where the patent is still under opposition or appeal before the European Patent Office (EPO).
Although it is obvious why it may not be effective for a local court to evaluate the validity of the patent before the EPO has issued its final decision, the Turkish IP Court has based this practice on the length of EPO proceedings…
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