The Industrial Property Law abrogating the patchwork of decrees that governed intellectual and industrial property rights has been published in the Official Gazette and entered into force on January 10, 2017.
The privatization tender of Çayırhan-2 coal reserve area and the construction of a coal-fired power plant project (“Çayırhan-2 Project ”) was concluded on February 6, 2017, which has been the first of the new wave of privatization of coal reserves and construction of lignite coal-fired power plants in Turkey in line with the recent incentives regarding utilization of domestic coal reserves for electricity generation. This client alert outlines the main novelties in relation to this new wave of lignite-fired power plant tenders, which is expected to continue with several other privatizations in 2017 as explained below.
On February 24, 2017, the Energy Market Regulatory Authority (“EMRA ”) published a Regulation (“Amending Regulation ”) containing important changes to the Electricity Market Licensing Regulation (“Licensing Regulation ”), including the removal of the share transfer restriction at the pre-license period for transfers to foreign companies and foreign-capital companies, and changes related to the Renewable Energy Resource Areas (“YEKA ”). Highlights of major changes are as follows:
As of 1 March 2017, the new Arbitration Rules of the International Chamber of Commerce (“New ICC Rules ”) have come into effect and superseded the former version of the ICC arbitration rules, which have been in effect since 2012.
the present time, in various legal relationships there exists the acute problem
of observing a balance of interests concerning the parties involved in these
legal relationships, their legal rights, and their mutual economic needs.
Judicial practice, when considering disputes between these kinds of parties,
takes into consideration not only the formal requirements of legislation, but
also the real economic and legal goals and interests of the participants.
The growing importance of cross border successions within the European Union and the difficulties and complications resulting from the diversity of succession and private international law rules relating to succession, prompted the European Commission to examine the possibility of introducing a Regulation that would facilitate and streamline cross border successions.
Due to existing problems with regards to companies competing for the undertaking of public projects, on the 28 th September 2015 the Cabinet decided to give an end to the scandals involving the squander of millions of public money by approving an amendment Bill, which would add to the conditions for public tenders, the requirement of providing a Criminal Record Certificate for legal entities. Until today, this was not required due to gaps and loopholes in the existing Law. Provided this Bill will be passed into Law by its publication at the Official Gazette of Cyprus, companies applying for public tender will be asked to produce a certificate that would show they have a clean criminal record.
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