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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Awards of excessive compensation under Turkish Intellectual and Industrial Property Law

Introduction

Article 17 of the Turkish Constitution provides that "Everyone has ... the right to protect and improve his/her corporeal and spiritual existence." Based on this provision of the Turkish Constitution, the general principles of indemnity law will apply to any violation of personal rights. Article 49 of the Turkish Code of Obligations provides the general principle for indemnification under Turkish law and states that "Whoever damages someone else with an unlawful and culpable act is obligated to compensate that damage."

NON-DELIVERY PLEDGES OVER MOVABLES

Law on Pledges over Movable Property in Commercial Transactions No. 6750 is published in the Official Gazette No. 29871 and dated October 28, 2016 and entered into force as of January 1, 2017. Law on Pledges over Movable Property in Commercial Transactions No. 6750 abolished the Commercial Enterprise Pledges Law No. 1447 and dated July 21, 1971 and introduced many new innovations to movable pledges. However, Commercial Enterprise Pledges Law No. 1447 will remain applicable for commercial enterprise pledges that are already established before 1 January 2017.

There are some similar implementations between immovable pledges (mortgages) in the Turkish Civil Code and non-delivery movable pledges in commercial transactions. The main purpose of this law could be stated as to increase the use of non-delivery movable pledge rights as assurance and facilitating the access to sources of financing for the Small Medium Enterprise’s (“SME”)

Quarterly Update on Anti-Dumping Cases in Turkey (July 2017)

In Turkey, the authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio, is given to the Ministry of Economy ("Ministry"). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.

A Holistic Approach to the Proposed Changes to the IP Law

I. Introduction

The Law No. 5846 on Intellectual and Artistic Works ("IP Law") is the main legislation in Turkey that is applicable to copyright related matters. In early May, Ministry of Culture and Tourism's General Directorate of Copyrights shared on their website a Draft Law Amending the Law No. 5846 on Intellectual and Artistic Works ("Draft Law") and announced that the proposed amendments are open for public opinion. The Draft Law proposes many amendments to the current text of IP Law which include revisions to certain articles, re-definition of terms and concepts along with fundamental changes to injunctive reliefs, prevention of online infringements and functions of collecting societies. As of June 2, 2017, deadline for submission of opinions has passed and the opinions are currently under the Ministry's evaluation which will review and revise the Draft Law accordingly, if needed.

Recent Amendments to Environmental Impact Assessment Regulation

On 26 May 2017, the Environmental Impact Assessment Regulation has been amended to shorten the time frames for environmental impact assessment (“EIA”) process and to extend the scope of EIA requirement for solar and wind power projects.

Establishment of the Natural Gas Spot Market in Turkey

In line with the government’s objectives to make Turkey a regional hub for natural gas trading, a natural gas spot market has been established by the Natural Gas Organized Wholesale Market Regulation published in the Official Gazette on 31 March 2017.

Special Audit in Joint Stock Companies

I.         Introduction

In joint stock companies, there are three types of audit mechanism, namely (i) statutory audit, (ii) optional audit and (iii) special audit.

In accordance with the Turkish Commercial Code No. 6102 ("TCC"), all joint stock companies are subject to statutory audit. Said article stipulates that statutory audit is conducted pursuant to article 398 of the TCC and the relevant regulation ("Regulation") to be introduced by Ministry of Customs and Trade and the Council of Ministers, as the case may be.

Turkey Introduces a New Regulation on Packaging in line with EU Directives

Turkey Introduces a New Regulation on Packaging, Inserts and Tracking of Pharmaceuticals, in line with EU Directives

I - Introduction

On April 25th, 2017, the Ministry of Health ("Ministry") has published the Regulation on Packaging Information, Inserts and Tracking of Medicinal Products for Human Use ("Regulation") on the Official Gazette.

Upon publication of the Regulation, the Regulation on Packaging and Labeling of Human Medicinal Products published on August 12th, 2005 ("Abolished Regulation"), has been abrogated.

The Regulation has been prepared within the scope of "legislative harmonization", in consideration of the Directive 2001/83/EC on the Community code relating to medicinal products for human use and Directive 2011/62/EU, as regards the prevention of the entry into the legal supply chain of falsified medicinal products.

In a nutshell, the Regulation governs principles as to the notifications to be made by sellers/importers for tracking of the distribution chain and includes information required on the packaging and inserts of medicinal products for human use.

DOJ Publishes New Evaluation Questionnaire on Compliance Programs

May 2017 - Crime. Legal Developments by ELIG, Attorneys-at-Law .

More articles by this firm.

United States Department of Justice ("DOJ") published on its website a new guidance paper called "Evaluation of Corporate Compliance Programs" ("Evaluation") in February 2017. The Evaluation provides insight into how the DOJ evaluates compliance programs by setting forth the questions DOJ frequently uses when deciding on fine mitigation or entering into a plea agreements.

Draft Amendments to the License-Exempt Electricity Generation Legislation

On 27 January 2017, the Turkish Energy Market Regulatory Authority (“EMRA”) published draft amendments to the license-exempt electricity generation legislation (“Draft Legislation”) on its website for opinions and comments of the public.

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