Preliminary and jurisdictional considerations in insurance litigation
Fora
In what fora are insurance disputes litigated?
In the Turkish judicial system, in principle, insurance disputes are resolved by the commercial courts, irrespective of the amount or value of the dispute. On the other hand, insurance disputes arising out of maritime law are heard by a specialised commercial court. Insurance disputes to which a consumer is a party are heard by consumer courts. If a…
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Legislative Framework
Applicable Legislation
1. What legislation applies to arbitration?
The main arbitration legislation in Türkiye is:
The International Arbitration Code (No. 4686), which applies to an international arbitration seated in Türkiye and to an arbitration where its application is agreed by the parties.
The Civil Procedure Code (No. 6100), which applies to a domestic arbitration.
The arbitration laws in the International Arbitration Code and the Civil…
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Executive Summary: Data Residency in Turkey – Q&A Format
Overview
1.1 General Personal Data
Q: Can personal data be transferred abroad?
A: Yes, but under specific conditions. Before June 1, 2024, personal data could be transferred abroad only if explicit consent was obtained or if a legal basis other than consent existed. These legal bases were outlined under Article 5 of the Data Protection Law (DPL). However, the applicability of these bases was limited due to the…
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Legislation
Treaties
Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties, and what, if any, amendments or reservations has your country made to such treaties?
Except for multilateral treaties on family law, Türkiye is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. However…
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Patents
Requirements to Obtain a Patent
1. Provide a brief definition of a patent, the key legal requirements to obtain it and the law that applies.
Conditions for a Patent
A patent is an industrial property right that gives the patent owner the right to prevent third parties from certain activities such as producing, using, selling, or importing the product or process that is the subject of the invention for a 20-year period.
The applicant must prove the following to obtain…
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IP Assignment
Assignment Basis and Formalities
1. On what basis can the main IPRs be assigned? What formalities apply?
Patents
Basis for patent assignment. Under the Intellectual Property Law No. 6769 (IP Law), a patent can be assigned in whole. A patent cannot be assigned in part.
Formalities for patent assignment. Under the IP Law, a patent assignment must be in writing and signed by both parties and notarised before a notary public.
Registration of a patent assignment with…
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1. What are the main forms of corporate entity used?
The main forms of corporate entity used in Turkey are the:
• Limited liability company (LLC).
• Joint-stock company (JSC).
The LLC and the JSC are the preferred company forms in Turkey for both foreign national and Turkish entrepreneurs.
The minimum capital requirement were recently increased and from 1 January 2024, the minimum capital amount for:
• An LLC is TRY50,000.
• A JSC is TRY250,000.
• A non-public joint stock…
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Chapter 1
Turkey
Aysel Korkmaz Yatkın, Görkem Bilgin, Asena Aytuğ Keser and Edanur Atlı[1]
I. Introduction
i. Nature of the insurance and reinsurance market
There are currently 74 active insurance companies incorporated in Turkey, consisting of 50 non-life insurers, 19 life and pension insurers and five reinsurers.[2]
The premiums collected in 2023 amounted to approximately 486 billion Turkish lira, an increase of 106.8 per cent compared with the previous year. Of this…
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I. Introduction
Law
The Industrial Property Code no. 6769 (““IP Code””) entered into force on January 10, 2017.
Conventions
International Convention (Stockholm) (see Appendix 1); Hague Agreement Concerning the International Registration of Industrial Designs (see Appendix 2); Locarno Agreement for the International Classification of Industrial Designs (see Appendix 3); Patent Cooperation Treaty (see Appendix 4(a)); Strasbourg Agreement Concerning the…
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Law
At national level, the main sources of patent law are the:
Industrial Property Code No. 6769 (IP Code);
Regulation on the Implementation of the IP Code;
Regulation on Employees' Invention, Inventions Realised in Higher Education Institutions and Inventions Realised as a Result of Publicly Funded Projects; and
Regulation on the Implementation of the European Patent Convention Regarding the Grant of European Patents in Turkey.
Conventions
Turkey is a party to almost all…
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Must an award take any particular form?
Article 14(A) of the International Arbitration Law (IAL) provides that an award must include:
the names, surnames, titles and addresses of the parties, their representatives and lawyers;
the legal grounds on which the award is based and, if there is a claim for compensation, the amount of compensation;
the place of arbitration and the date of the award;
the name, signature and a dissenting opinion, if any, of the arbitral tribunal;…
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What mechanism do insurance policies usually provide for resolution of coverage disputes?
State Courts
In Turkish insurance policies, the usual dispute resolution mechanism provided for resolution of coverage disputes is litigation before state courts. As a rule, insurance disputes are resolved before commercial courts. However, insurance disputes regarding maritime law are resolved before specialized courts of maritime and insurances disputes where the insured is a consumer…
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