What are the primary sources of law, regulation and practice relating to corporate governance? Is it mandatory for listed companies to comply with listing rules or do they apply on a ‘comply or explain’ basis?
The Turkish Commercial Code (TCC) dated 13 January 2011 (Law No. 6102) entered into force on 1 July 2012. The TCC has important objectives, such as ensuring transparency, adopting corporate governance standards and introducing internationally accepted auditing and…
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Corporate Entities
What are the main corporate entities commonly involved in private acquisitions?
In the context of private M&As, the most popular company structures among the various types available under the Turkish Commercial Code are:
Joint stock companies (JSCs).
Limited liability companies (LLCs).
The corporate veil principle applies to both JSCs and LLCs.
In a JSC:
Shareholders can freely transfer their shares to others without the approval of the general…
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Özge Atılgan Karakulak, Selin Sinem Erciyas and Zeynep Çağla Üstün have contributed to 2023 edition of Global Patent Litigation: Strategy & Practice - Turkey Chapter, which is published by Wolters Kluwer.
“Global Patent Litigation: Strategy & Practice” is a resource that provides reliable descriptions of the patent laws for key countries along with insights into successful strategies to avoid, defend, or pursue litigation in each jurisdiction. Every chapter is updated…
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1. Organisation, financing and structure of the healthcare system
Organisation
How is healthcare in your jurisdiction organised? What is the role of government?
The healthcare system is governed principally by the Fundamental Law on Healthcare Services No. 3359 and dated 15 May 1987, which furnishes the Ministry of Health (MoH) with the authority to issue healthcare-related regulations and establish a healthcare system enabling each and every person living in Turkey…
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What are the main dispute resolution methods used to resolve large commercial disputes?
The main and most commonly used method for resolving large commercial disputes in Turkey is litigation. Civil litigation is based on the principle that the parties to the dispute prepare their case. The judge is bound to hear claims, defences and evidence brought by the parties. However, the judge is entitled to make a legal assessment ex officio. The management of proceedings is at the…
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How is commercial arbitration used and what are the recent trends?
Use of Commercial Arbitration and Recent Trends
In Turkey, arbitration traditionally evolved as a dispute resolution mechanism, which was used more frequently in large commercial disputes where a foreign party is involved and mostly when a legal counsel is involved in the preparation of the principal contract between the parties. For all other matters, particularly concerning disputes of smaller value…
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1. Do the main laws that regulate the employment relationship apply to:
Foreign nationals working in your jurisdiction?
Nationals of your jurisdiction working abroad?
Laws Applicable to Foreign Nationals
Under Article 27 of the Act on Private International and Procedural Law No. 5718, employment contracts with a foreign element are subject to the governing law chosen by the parties, without prejudice to the minimum protection that employees are…
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Provide a brief definition of a patent, the key legal requirements to obtain it and the law that applies.
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 a patent:
Novelty.
Inventive step.
Industrial…
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Sources of Law
What are the main areas of law and regulation relating to product liability?
The Product Safety and Technical Regulations Law 7223 (Law 7223) is the main law regarding product safety. Replacing Law 4703 on the Preparation and the Application of the Technical Regulations Related to Products, Law 7223 places some new obligations on actors who supply products to the market. It also ensures that the national legislation is in line with the European Union's 2019…
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1. What are the principal sources of law and regulation relating to patents and patent litigation?
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.
Regulation on the Implementation of the…
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The Global Advertising Lawyers Alliance (“GALA”) releases the second edition of “Sweepstakes & Contests: A Global Legal Perspective” book on OCT 2021. The book consist of a global legal compendium of the laws related to sweepstakes & contests in 70+ countries around the globe. Turkey chapter of the book was prepared by Hande Hançar and Baran…
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World Intellectual Property Rights and Remedies features analysis and commentary by leading practitioners on key intellectual property legislation from jurisdictions throughout Europe, Latin America, and Asia, as well as English translations of key intellectual property legislation from non-English-speaking jurisdictions. Each chapter clearly describes the nuances of local practice regarding how to register and protect copyrights, patents, trade, and service marks. Find…
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