1. What kinds of incentive plan are most commonly offered and to whom?
The most prevalent type of monetary incentive plan in Turkey is bonus paid monthly or annually. For most of the employees this bonus may be calculated as sales commission calculated upon good or services sold to customer or the employees may receive project bonuses from the work performed with their team. The highest ranked employees may also benefit from profit sharing. Some of the companies also…
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I. Procedure of a real estate transaction
1. Could you give a short outline with regard to the formal procedure of a real estate transaction in your country starting from the signing of the purchase agreement (including the closing) until formal ownership vests in the purchaser?
In Turkey, the main laws that govern real estate are the Turkish Civil Code (“Civil Code”), Turkish Code of Obligations (“TCO”) and Land Registry Law (the “Land Law”).
The main stages and the required…
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1. Regulatory and institutional structure
Summarise the regulatory framework for the communications sector. Do any foreign ownership restrictions apply to communications services?The main legislation governing the communications sector is the Electronic Communications Law No. 5809 and dated 5 November 2008 (the ECL). The ECL provides the main principles regarding the authorisation of the operators, their obligations and the powers granted to the Information and Communication…
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General – Medicinal Products
1.1 What laws and codes of practice govern the advertising of medicinal products in your jurisdiction?
In Turkey, advertising of medicines is governed by the Pharmaceutical and Medical Preparation Law No. 1262 (the Law No. 1262) and the Regulation on Promotional Activities of Medicinal Products for Human Use (the Promotion Regulation), which is based on the former.
The Promotion Regulation is published on July 3, 2015 by replacing the…
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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. Turkey’s new IP Code entered into force on January 10 2017 upon its publication in the Official Gazette. The new law amends decree-laws pertaining to the protection of trademarks, patents, geographical indications and industrial designs…
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Corporate manslaughter
Regulatory provisions and authorities
1. What is the main legislation relevant to corporate manslaughter?
There is no specific law that regulates corporate manslaughter in Turkey. However, in the Turkish Criminal Code (Law No 5237), there is a general provision regarding negligent homicide which can be a legal basis for prosecution, depending on the specifics of the case.
Offences
2. What is the specific offence that can be used to prosecute corporate…
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A Q&A guide to distribution and marketing of drugs law in Turkey.
The Q&A gives a high level overview of distribution and marketing of drugs law, including pre-conditions for distribution; licensing; wholesale distribution; marketing to consumers; marketing to professionals and engagement with patient organisations.
To compare answers across multiple jurisdictions, visit the Distribution and Marketing of Drugs Country Q&A Tool.
This Q&A is part of the global…
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A. Scope of protection
20.1 The scope of protection ofa patent is defineci in the various subparagraphs of article 89 of the lndustrial Property Code No. 6769 (‘iP Code’). Like most jurisdictions, the scope of protection is essentially determined by the claims, making use of the description and drawings far the interpretation thereof. it is important to note that this is not limited to a literal interpretation, although the scope cannot be extended to cover elements which…
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1. Which transactions are subject to notification to the Turkish Competition Authority under the Turkish merger regime?
The Communiqué No. 2010/4 on Mergers and Acquisitions Requiring Authorization of the Competition Authority (“Communiqué No. 2010/4”), entered into force on 01 January 2011, sets out the types of mergers and acquisitions that require notification the Turkish Competition Authority (“the TCA”) for permission and legal validity.
Article 5 of Communiqué No.…
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1. Is the Turkish legal infrastructure sufficient for anti-counterfeiting?
Yes. Turkey has signed almost all international intellectual property agreements -including TRIPS signed by and between the members of the World Trade Organization which aim to harmonize its legal infrastructure targeting anti-counterfeiting and fighting the illicit trade- and has been acting in compliance with the said agreements.
As of today; the Industrial Property Law No. 6769, the Law No. 5846 on…
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I. LITIGATION
1 Preliminaries
1.1 What type of legal system has your jurisdiction got? Are there any rules that govern civil procedure in your jurisdiction?
Turkey’s legal system is based on civil law. Civil procedure is governed by the Code of Civil Procedure (“the CCP”) dated October 1, 2011 and numbered 6100.
Principal Law governing international arbitration is the International Arbitration Code (“IAC”) numbered 4686.
Code of International Private Law and Civil Procedure…
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1. Provide an overview of the primary sources of law, regulation and practice that govern or affect executive compensation arrangements or employee benefits.
There is no specific source of law applicable in relation to executive compensation arrangements or employee benefits. Such arrangements or benefits for both executives and non-executive employees are mostly regulated under individual employment contracts or internal regulations. The benefits to be provided to…
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