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Articles contributed by Gür Law Firm
As soon as Turkey started to take an active role in international trade, intellectual property rights have recently increased in importance. Due to the effects of European Union harmonization process, Turkey has made and is still continuing to make several amendments on its national legislation for the purpose of protecting the intellectual property rights more extensively.
Pollution matters are regulated by the Environmental Law numbered 2872 (“Law”) and the other related regulations.
There is not yet a specific protection in Turkey for privacy of personal data through data protection laws. Data protection in Turkish law is governed by the Constitution and a variety of general and sectorial laws such as the Civil Code, Criminal Code, Labor Law, Banking Law and the Bank Cards and Credit Cards Law though there is a Draft Law on Data Privacy, which was prepared and developed by the Turkish Ministry of Justice for several years without success.
The New Turkish Code of Obligations numbered 6098 (the “New TCO”) and the Application Code of the Turkish Code of Obligations published in the Official Gazette numbered 27836 on 04.02.2011. The New TCO will take the place of the Code of Obligations numbered 818, published in the Official Gazette numbered 359 on 29.04.1926 which is still in use (the “Current TCO”). Article 648 set forts that the New TCO will enter into force as of 01.07.2012.
The New Turkish Code of Obligations numbered 6098 (the “New TCO”) and the Application Code of the Turkish Code of Obligations published in the Official Gazette numbered 27836 on 04.02.2011. The New TCO will take the place of the Code of Obligations numbered 818, published in the Official Gazette numbered 359 on 29.04.1926 which is still in use (the “Current TCO”). Article 648 sets fort that the New TCO will enter into force as of 01.07.2012.
Riza Ferhan Cagirgan of Gur Law Firm discusses the development of IP litigation in a developing country
The real estate acquisition by foreign real and legal persons in Turkey has been regulated under the Land Registry Law dated 22.12.1934 numbered 2644. The Land Registry Law and the Law on Direct Foreign Investments which used to compose provisions with regards to the real estate acquisition by foreign real and legal persons in Turkey were undergoing significant restructuring due to the annulments by the Constitutional Court of certain provisions in the relevant pieces of the legislations. The annulments were due to the Constitutional Court's broad assessments about whether the limits of these rights provide a balance between the risks and benefits of allowing foreigners to purchase real estate property in Turkey. Consequently, the Law No.5782 concerning the Amendment of the Land Registry Law, was announced in the Official Gazette of 3/7/2008. Significantly, the Constitutional Court has also annulled paragraph (d) of Article 3 of Law on Direct Foreign Investments with no. 4875, which is in parallel with the annulled articles of the Land Registry Law and the reason for this annulment was publicly announced in the Official Gazette of 16.04.2008 and consequently it was resolved that the annulment would become effective 6 months after the date of announcement.
The Draft regarding the amendment of Free Zones Law and the Customs Law is approved by the Turkish Grand National Assembly (TGNA) and became a law numbered 5810 on 12.11.2008 (the "Law"). The Law was sent to the Presidency on 14.11.2008 in order to be announced in the Official Gazette. The 15 days period for either accepting and announcing the Law by the President or returning the same to TGNA to be re-discussed, has started from the date of delivery of the Law to the Presidency which was 14.11.2008.
With the Law; the establishment purposes of the Free Zones have been re-considered by evaluating the activities in those areas within the past twenty years period, and the vision of the Free Zones has been determined as; to encourage investments and production which are export oriented, to speed up the direct foreign investments and technological entree, to encourage the enterprises to export and to develop the international trade.