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LEVENT MAHALLESI, CAMLIK CD, MANOLYALI SOKAK 3, 34330 LEVENT BESIKTAS, ISTANBUL, TURKEY
Tel:
Work +90 212 211 7755
Fax:
Fax +90 212 211 7767
Email:
Web:
https://www.kenaroglu.av.tr

Turkey

Intellectual property
Intellectual property - ranked: tier 4

Kenaroglu Law Firm

Kenaroglu Intellectual Property is particularly active in trade mark prosecution, enforcement and litigation, and is recommended for its ability to ‘navigate complex disputes and infringements successfully’. The team is led by Yasemin Kenaroğlu, who is experienced in anti-counterfeiting and oppositions to trade mark applications.

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Turkey

Offices in Istanbul

Legal Developments in Turkey

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Turkish DPA Warns with Principle Decision on Promotional Communications

    On November 1, 2018, Personal Data Protection Board ("Board"), acting under the Personal Data Protection Authority, published its principle decision with number 2018/119 in the Official Gazette, which then corrected on November 7, 2018 ("Decision"). Board's Decision is regarding prevention of promotional notifications, e-mail messages, text messages and calls that data subjects might receive from data controllers and data processors.
  • Quarterly Update on Trade Defense Cases in Turkey (December 2018)

    In Turkey, the authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio , is given to the Ministry of Trade ("Ministry"). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.
  • Capital Markets Board Announces the Draft CommuniquĂ© on Crowdfunding

    In September 2018, the Capital Markets Board (" CMB ") had issued an announcement on its website, declaring that a secondary legislation for crowdfunding was underway.
  • Turkey Aligns its Medical Device Regulation with the EU Regulation

    In May 2017, Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices (" EU Regulation ") entered into force, stipulating a transition period for medical device manufacturers to comply with the EU Regulation by May 2020.
  • Opinion of the Court of Cassation on the Contention of Expert Opinion and Expert Report

    The notion of Expert Opinion, which entered into our law through the Code of Civil Procedure ("CCP"), has been a frequently resorted to method of helping to resolve disputes by the parties in our judicial system over the course of time...
  • Arrest of Ships under Turkish Law

    The general principles on maritime enforcement are set out in Turkish Commercial Code ("TCC") numbered 6102. On the other hand, Turkey has ratified the International Convention on Maritime Liens and Mortgages, signed in Geneva on 6 May 1993 and the International Convention on the Arrest of Ships, signed in Geneva on 12 March 1999 and both conventions have been come into force on 25 March 2017. The provisions of these two conventions have already been taken into consideration by the drafting committee of the code, and the relevant provisions have been incorporated into the TCC in preparing the same. This newsletter reviews the principles and provisions stipulated in the TCC for the arrest of ships.  
  • Decision of the Court of Cassation General Assembly on the Unification of Judgments holding that an

    In civil procedural law, a ban on the expansion and alteration of a claim and defense comes with two exceptions; the other party's consent, and "the amendment". The parties may completely or partially amend their proceedings prior to the end of the investigation phase. Provided that the legal requirements are fulfilled, an amendment may be filed without the consent of the other party or the court, since it is a unilateral and express declaration of will directed at the court 1. For instance, the parties may amend the value of the claim, or claim compensation, instead of payment in kind for defective goods.
  • Share Pledges in Joint Stock Companies

    Share pledges in joint stock companies are not specially regulated under the Turkish Commercial Code ("TCC"). Therefore, the provisions of the Turkish Civil Code that regulate the general rule regarding pledges, shall apply. Under Turkish Civil Code Article 954, transferable receivables and other rights may be subject to pledge. The pledge established on a share in joint stock companies is a "pledge right established on the right." A pledge is established on shareholding rights. A pledge on receivables and rights is subject to the principles of movable pledges. (Turkish Civil Code Article 954/2).
  • Updated FIDIC Contracts

    International Federation of Consulting Engineers that is known by the abbreviation of FIDIC (Fédération Internationale Des Ingénieurs-Counseils) launched updated Red Book (the Conditions of Contract for Works of Civil Engineering Construction), Yellow Book (the Conditions of Contract for Plant and Design-Build)) and Silver Book (the Conditions of Contract for EPC/Turnkey Projects) in the "International Contract Users Conference," organized in London in December of 2017...
  • Recent Developments in the Right of Access to Files

    The parties of an investigation that is conducted in accordance with the Act on the Protection of Competition No. 4054 ("Competition Act") may enjoy the right to access the files concerning them that are drawn up by the Competition Authority ("Authority"). The procedures and principles related to use of this right are regulated via Communique on the Rules for Access to Files and the Protection of Trade Secrets No. 2010/3 ("Communiqué"). For the parties, it is very important to exercise their right to access to files properly, since the relevant right has a direct correlation to their right to defense. Therefore, this article focuses on the discussions that may rise during the exercise of the right to access the files in light of the recent Competition Board ("Board") decisions...