Firm Profile > Moroglu Arseven > Istanbul, Turkey
Moroglu Arseven Offices
ABDI IPEKÇI CAD. 19-1 NISANTASI
34367 ISTANBUL
Turkey
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Moroglu Arseven > The Legal 500 Rankings
Compliance Tier 1
Moroglu Arseven assists clients with formulating regulatory compliance strategies and risk mitigation, as well as conduct investigations. The extensive experience of its team is reflected by its work for clients in sectors such as healthcare, fintech, e-commerce, media, advertising, gambling and industrial. Burcu Tuzcu Ersin has expertise in the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, among other areas. Ersin jointly leads the group with Z. Ertunç Şirin, E. Seyfi Moroğlu and E. Benan Arseven. Orçun Çetinkaya left the firm.Intellectual property Tier 1
Moroglu Arseven's practice covers a wide spread of matters, such as licensing, IP portfolio management, trade marks, copyright, patents, industrial designs, domain names, unfair trade and customs processes. It also advises on enforcement, prosecution, litigation and anti-counterfeiting. Işık Özdoğan leads the team, which acts for clients in sectors such as fashion, retail, luxury goods and pharmaceuticals. Senior associate Ece Berkman is another name to note.Practice head(s):
Testimonials
‘Excellent strategic advice, practical thinking and great communication’.
‘Responsiveness and precision in providing clear practical advice in navigating the challenging local practice before the Turkish PTO’.
‘Very reliable firm with a highly professional and practical approach, well determined and focused on the results’.
‘A consistent showing of exceptional care and responsiveness, with competitive pricing’.
‘Exceptional expertise in local trademark laws and related careful guidance on significant developments and in connection with possible trademark oppositions’.
Media and entertainment Tier 1
Moroglu Arseven is strong in multiple disciplines, which make it well-placed to advise clients on areas such as governance, tax, competition, regulatory, real estate, employment and immigration. It also advises on IP including trade marks, copyright, celebrity image rights and television formats and licensing. The workload is also driven by the firm's involvement in media and advertising-related disputes, as well as regulatory compliance matters. Clients include media publishers, broadcasters, performing artists, athletes, producers, ticketing agencies, sports clubs, and marketing and advertising companies. Benan Arseven and Isik Ozdogan are the joint heads of the practice. Orçun Çetinkaya left the firm.Practice head(s):
Testimonials
‘All the lawyers at their office are very experienced and full of knowledge’.
Commercial, corporate and M&A Tier 2
Moroglu Arseven handles every stage of the M&A process for clients, including post-merger and post-acquisition issues. In addition, it provides assistance with venture capital and private equity investments, establishing joint ventures and strategic alliances. It also offers support in ancillary areas, such as tax, competition and employment. Reflective of the firm's market presence, it acts for clients in a number of sectors, including life sciences, financial services, industrial production, packaging, media and ICT. The team is jointly led by Benan Arseven, Seyfi Moroğlu and Burcu Tuzcu Ersin.Practice head(s):
Testimonials
‘Moroglu Arseven showed high professionalism and experience while handling the matters entrusted to them’.
‘They were swift in their support and very meticulous’.
‘They have high negotiating skills and an important knowledge in cross-border transactions’.
‘Both Benan Arseven, partner, and Hazal Baydar, associate, were available at all times to cater to our legal requirements and requests’.
‘They have carried out exceptional work and provided excellent support throughout the transaction and still adequately support the client in its day-to-day legal requirements following the closing of the transaction’.
‘Great team with commercial understanding as well as legal know-how’.
‘Resourceful in problem solving’.
Dispute resolution Tier 2
Working closely with other departments, Moroglu Arseven's dispute resolution team assists clients with contentious matters involving areas such as employment, tax, sport and criminal and civil fraud, among others. It is equally strong representing clients before both Turkish and foreign courts. Seyfi Moroğlu (who has expertise in shareholder disputes), Benan Arseven, Işık Özdoğan and Burcu Tuzcu Ersin are the practice heads. Orçun Çetinkaya left the firm.
Practice head(s):
Testimonials
‘Reliability, based on the evaluation from a broad perspective and reaching a decision by considering all conceivable possibilities’.
‘Our experience of dealing with Moroglu Arseven has been nothing put positive with clear advice, actions and updates’.
Employment Tier 2
Moroglu Arseven's dedicated employment practice provides a broad range of support in contentious and non-contentious matters. Key areas of work include strategic workforce management issues relating to corporate transactions and projects; day-to-day employee-related issues; disciplinary, termination and severance procedures; regulatory advice to international clients; anti-corruption, whistleblowing, privacy and data protection policy advice; and outsourcing and contracting arrangements. The practice also offers guidance on union relations and protests, stock option plans, ongoing employee benefit requirements and international immigration procedures and requirements. Practice head İpek Ünlü Tık has significant specialist experience in negotiations, disputes, disciplinary procedures and terminations.
Practice head(s):
IT and telecoms Tier 2
Moroglu Arseven advises on new and developing technologies, including those relating to online gaming, gambling and betting services, as well as as e-currencies (including bitcoin). Its team is led by Burcu Tuzcu Ersin, who has experience of venture capital, growth and start-up financing. The group also advises on the creation, acquisition, transfer, use and IP protection of technology. Clients include large multinational companies operating in the technology, e-commerce, media and entertainment sectors.Practice head(s):
Testimonials
‘Partner Burcu Tuzcu Ersin is very responsive and thoughtful when it comes to client requests’.
‘Experience and having a good command of subject makes them different from competitors’.
‘Competitive pricing and high service quality’.
‘Team capabilities were incredible; they understood each sectors’ business models and ways and gave us an idea of how to establish the company’.
Energy Tier 3
The ‘dynamic’ practice at Moroglu Arseven handles transactional and regulatory matters in the energy industry, including license applications, power purchase agreements, asset financing, cross-border energy distribution and stock financing related to energy commodities. Benan Arseven heads the team. Other names to note are Burcu Tuzcu Ersin and C. Hazal Baydar.Practice head(s):
Real estate and construction Tier 3
Moroglu Arseven advises on commercial, residential and industrial developments, where it assists with renovation issues, developments or the ongoing management of a facility. The team also has handles litigation and transactional real estate issues. E. Seyfi Moroglu heads the practice. Highlights included assisting Tacirler Gayrimenkul Yatırım ve Geliştirme Tic. A.Ş. with the $22m purchase of 13 detached sections of a skyscraper in Istanbul. Orçun Çetinkaya left the firm.Practice head(s):
Testimonials
‘They have an excellent grasp of the commercial realities of our business, a feature that delivers high quality and successful outcomes for our disputes and transactions.’
‘Their hands-on approach enables them to be aware of all the important details of a dispute without losing sight of the big picture.’
Banking, finance and capital markets Tier 4
In addition to advising domestic banks, Moroglu Arseven provides bespoke support to a number of international lenders on their most significant financing and security matters. Beyond handling banking and finance mandates, capital markets work is another key pillar of the practice, which is led by Seyfi Moroğlu. The firm is in regular contact with the Capital Markets Board, enabling it to assist clients with compliance and disclosure issues, as well as investigations.Practice head(s):
Testimonials
‘Very proactive and dedicated’.
‘Smart, experienced and knowledgeable’.
‘Their communication and response is good’.
Moroglu Arseven > Firm Profile
The firm: Moroglu Arseven is a full-service law firm with broadly demonstrated expertise and experience in all aspects of business law. Established in 2000, the firm combines a new generation of experienced international business lawyers and acclaimed counsels who have academic, judicial and practical experience in private law. Its dynamic and dedicated team is able to analyse the legal framework and provide flexible solutions for clients doing business in Turkey. The firm serves local clients in international markets and international clients in Turkey. Clients appreciate the firm’s responsive, clear and concise answers to legal questions, as well as its knowledge of their business goals, usually based on long relationships.
The firm represents and serves a diverse clientele, in a wide range of industries. In-depth sector knowledge ensures seamless service across practice areas, enabling Moroglu Arseven to meet all of a client’s legal needs in Turkey. Key areas include manufacturing, retail, energy, banking and financial markets, construction, real estate, pharmaceuticals, life sciences, TMT and sports.
Areas of practice: Corporate and M&A: the firm advises a number of major corporations as general counsel, but its corporate department’s primary focus is end-to-end advice during mergers and acquisitions, along with associated company formations. The firm’s depth of expertise allows it to look beyond the rushed M&A period and provide experience-based advice about future transaction consequences and implications.
Banking, finance, and securities regulation: the firm regularly handles innovative matters for large clients, including banks, financial institutions and corporations, and provides advice on a full range of legal, regulatory and compliance issues. Moroglu Arseven advises financial institutions, export credit agencies, foreign commercial banks and corporate borrowers on all banking and finance matters, both in Turkey and overseas.
Intellectual property: the firm advises clients on the protection and enforcement of trade marks, domain names, copyrights, patents and related rights, as well as securing, protecting and enforcing these assets. The firm litigates disputes in administrative agencies and courts, as well as prosecuting counterfeiters. In addition, Moroglu Arseven manages high-profile intellectual property portfolios, both in Turkey and abroad.
Compliance and internal investigations: a speciality area for Moroglu Arseven, integrated into all other practice areas. The firm focuses on ensuring clients’ strategies and policies are both compliant and cost-efficient, while also representing good practice at a local and international level in a wide variety of areas, including anti-corruption, anti-bribery, anti-money laundering, business crimes, antitrust, privacy and data protection, employment, financial markets and services, energy, life sciences and pharmaceuticals. The firm has established a strong reputation for developing and auditing compliance strategies, as well as risk mitigation, often in highly complex, inter-jurisdictional compliance projects, or heavily regulated sectors.
Dispute resolution: a speciality area for the firm, often acting for clients in complex litigation in regulated and non-regulated markets, arbitration proceedings, and negotiating settlements in line with clients’ business priorities. The firm specialises in representing global manufacturers or local distributors in disputes over distribution, agency and regulatory issues. Moroglu Arseven is strong in construction, energy, and post-M&A disputes in Turkey and abroad. Clients appreciate the firm’s strength of white-collar crime and criminal defence work, as well as employment law disputes.
Employment: the firm offers a full range of employment and labour law advice, including transactional support, drafting employment documents and agreements, as well as support on daily matters and disputes. Advice includes hiring and firing procedures, remuneration, benefits and pension, disciplinary procedures, immigration and work permits, drafting and implementing human resources guidelines, codes of conduct, policies and procedures, performing interrogations and investigations, representation in business crime cases, support in employee or workplace transfers, M&A transactions and restructuring procedures. The firm regularly supports and advises international law firms and human resources functions of multinational corporations and local conglomerates on both contentious and non-contentious matters.
Main Contacts
Department | Name | Telephone | |
---|---|---|---|
Corporate, commercial, M&A and foreign investments | Dr E. Seyfi Moroglu | ||
Corporate, commercial, M&A and foreign investments | Benan Arseven | ||
Corporate, commercial, M&A and foreign investments | Burcu Tuzcu Ersin | ||
Banking, finance and securities | Dr E. Seyfi Moroglu | ||
Banking, finance and securities | Burcu Tuzcu Ersin | ||
Intellectual property | Işık Özdoğan | ||
Intellectual property | Gökçe Izgi | ||
Intellectual property | Ezgi Baklacı Gülkokar | ||
Employment | Dr E. Seyfi Moroglu | ||
Employment | Burcu Tuzcu Ersin | ||
Dispute resolution, litigation and arbitration | Dr E. Seyfi Moroglu | ||
Dispute resolution, litigation and arbitration | Benan Arseven | ||
Debt collection, restructuring and bankruptcy | Benan Arseven | ||
Antitrust | Dr E. Seyfi Moroglu | ||
Business crime and anti-corruption | Burcu Tuzcu Ersin | ||
Sanctions, customs, tax and administrative | Benan Arseven | ||
Sanctions, customs, tax and administrative | Burcu Tuzcu Ersin | ||
Public procurement, government contracts, privatisation and PPP | Dr E. Seyfi Moroglu | ||
Project development, real estate and construction | Dr E. Seyfi Moroglu | ||
Project development, real estate and construction | Benan Arseven | ||
Energy | Benan Arseven | ||
Energy | Burcu Tuzcu Ersin | ||
Pharmaceutical and medical services | Dr E. Seyfi Moroglu | ||
Pharmaceutical and medical services | Işık Özdoğan | ||
Information technologies and telecommunications | Burcu Tuzcu Ersin | ||
Information technologies and telecommunications | Dr E. Seyfi Moroglu |
Lawyer Profiles
Photo | Name | Position | Profile |
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Ms Gökçe İzgi | Gökçe advises clients on a full range of intellectual property issues and… | View Profile |
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Ms Işık Özdoğan | Işık leads Moroglu Arseven’s intellectual property team. She has wide experience in… | View Profile |
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Mr Benan Arseven | Benan has wide experience in corporate and commercial law, along with related… | View Profile |
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Ms Nejla Aydın Özer | Nejla primarily concentrates on lawsuits, contracts, debt collection and other dispute resolution… | View Profile |
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Ms Ezgi Baklacı Gülkokar | Ezgi advises clients on a full range of intellectual property issues and… | View Profile |
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Dr E. Seyfi Moroglu | Seyfi advises closed and public corporations, funds, financial services companies, and banks… | View Profile |
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Ms Burcu Tuzcu Ersin | Burcu’s work includes all aspects of business law, specializing particularly in mergers… | View Profile |
Staff Figures
Number of lawyers : 55Languages
English French German TurkishMemberships
Multilaw SCG Legal INBLF IBLC IBA ITechLaw TEID Endeavor ICC IFA ECLA ECTA INTA MARQUES PTMG UIA AIJA ISLAOther
Contacts : Dr E Seyfi Moroglu LL.M (partner) Contacts : E Benan Arseven (partner) Contacts : Isik Özdogan LL.M (partner) Contacts : Burcu Tuzcu Ersin LL.M (partner) Contacts : Gökçe Izgi (partner) Contacts : Ezgi Baklaci Gülkokar (partner)Legal Developments
Capital Markets Board of Turkey Amends the Communiqué on Principles of Venture Capital Investment Funds
3rd December 2020 Capital Markets Board of Turkey has made amendments on several issues regarding venture capital funds, including new rules on activities of fund, representation of the fund, principles on investment companies and venture capital investments and new requirements for public disclosures, with the Communiqué numbered III-52.4.b on Amendment of the Communiqué on Principles of Venture Capital Investment Funds numbered III-52.4 (“Amendment Communiqué”).The matters regulated by Amendment Communiqué are as follows:Turkish Constitutional Court: Imposing a Preliminary Injuction for an Unreasonable Time Violates the right to property.
3rd December 2020 Turkish Constitutional Court recently ruled that imposing a preliminary injunction on the applicant’s immovable property for 19 years violates the right to property. The decision relates to an application in which the applicant alleged a violation of the property right due to the imposition of a preliminary injunction for an unreasonable length of time in a case initiated against the legator and later participated by the heirs.TITCK Updates the Guideline regarding the Regulation on the Sale, Advertising and Promotion of Medical Devices
3rd December 2020 Turkish Medicine and Medical Devices Office (“TITCK”) has updated Guideline (“Guideline”) regarding the Regulation on the Sale, Advertising and Promotion of Medical Devices (“Regulation”) on 20 October 2020 and introduced new provisions regarding the process of examination of the candidates and providing of compliance certificates of applicants which are sent by e-mail shall be provided through e-government gateway application.Turkish Constitutional Court: In Correction Requests Regarding Declaration-based Taxes Miscalculated
3rd December 2020 Turkish Constitutional Court, ruled that the dismissal decision adopted by the first degree court rendered due expiry of the time period of application commencing from tax payment date in correction requests for declaration-based taxes miscalculated due to the applicant’s error, constitutes a violation of the right of access to courts which is an integral part and assurance of the right to a fair trial.Turkish Constitutional Court: Turkish Counsel of State’s Failure of Unification of Discrepancies Between Precedents in Tax Litigation
3rd December 2020 Turkish Constitutional Court ruled that the applicant’s right to fair trial is violated due to Turkish Counsel of State’s failure to unify discrepancies between precedents in tax litigation in a reasonable time. In the present case,- Tax administration requested applicant to submit his legal books and documents for the calendar years 2008, 2009, 2010 for the investigation pertaining to the purchase of certain goods and services. Upon applicant’s failure to submit the aforementioned books and documents without providing any valid excuse, the difference amount arising by means of the refusal of VAT deductions for the purchases made in the relevant years was assessed with a threefold amount of tax loss fine.
- The applicant filed multiple lawsuits against the assessments before Adana 1st Tax Court (“Court”) and claimed that the refusal of lawsuit without examination regarding whether the documents related to the deducted VAT amount were recorded in the relevant books and documents would be illegitimate. The applicant requested for the examination of electronic accounting records and stated that the applicant can submit legal books and documents if a sufficient time was provided hereof.
- The Court dismissed the case on the grounds that the legal books and documents were not submitted without providing any valid excuse in the term of limitation and it was not proved that the purchase documents, which the deducted VAT amounts were based on, had been recorded in the legal books.
- 3rd Chamber of Council of State has approved the Court’s decision and dismissed the applicants request regarding the revision of decision.
- Final decisions were notified on 10 February 2015 and the applicant made an individual constitutional application on 9 March 2015.
- If legal books and documents were not submitted to tax audit officer, court decision will be rendered without examination of legal books and documents submitted to court, and
- Courts are under obligation to examine legal books and documents in order to allow taxpayers to prove their claims.
- Tax administration requested applicant to submit his legal books and documents for the calendar years 2008, 2009, 2010 for the investigation pertaining to the purchase of certain goods and services. Upon applicant’s failure to submit the aforementioned books and documents without providing any valid excuse, the difference amount arising by means of the refusal of VAT deductions for the purchases made in the relevant years was assessed with a threefold amount of tax loss fine.
- The applicant filed multiple lawsuits against the assessments before Adana 1st Tax Court (“Court”) and claimed that the refusal of lawsuit without examination regarding whether the documents related to the deducted VAT amount were recorded in the relevant books and documents would be illegitimate. The applicant requested for the examination of electronic accounting records and stated that the applicant can submit legal books and documents if a sufficient time was provided hereof.
- The Court dismissed the case on the grounds that the legal books and documents were not submitted without providing any valid excuse in the term of limitation and it was not proved that the purchase documents, which the deducted VAT amounts were based on, had been recorded in the legal books.
- 3rd Chamber of Council of State has approved the Court’s decision and dismissed the applicants request regarding the revision of decision.
- Final decisions were notified on 10 February 2015 and the applicant made an individual constitutional application on 9 March 2015.
- If legal books and documents were not submitted to tax audit officer, court decision will be rendered without examination of legal books and documents submitted to court, and
- Courts are under obligation to examine legal books and documents in order to allow taxpayers to prove their claims.
The Law on Restructuring of Certain Receivables and Amending Certain Laws Is Published
2nd December 2020The Law on Restructuring of Certain Receivables and Amendment of Certain Laws (“Law”) was published in the Official Gazette dated 17 November 2020 and numbered 31307.
The Constitutional Court Decision Evaluating the Expert Report’s Positive Proof Qualification upon
2nd December 2020 Turkish Constitutional Court has recently published its decision in which it evaluated the expert report’s positive proof qualification upon the finalization of the court decision. As a result, the court decided that the acceptance of the objection to the expert report in the appeal process breaches the proprietary right of the applicant, since the report was not objected by the parties in the first instance.Turkish Constitutional Court: Failure to take the Favorable Law into Account Violates the Principle
2nd December 2020Turkish Constitutional Court (“CC”) ruled that it is unconstitutional not to apply the favorable criminal provision within the scope of the law change that occurred during the judgement process.
Personal Data Protection Authority Imposed Administrative Fines Against the Association Sending Adve
1st December 2020 On 6 November 2020, Turkey’s Personal Data Protection Authority published a summary of a decision dated 10 September 2020 and numbered 2020/791 on its website regarding the processing of the mobile phone number of a data subject by an association for sending advertising SMS without getting explicit consent of the data subject.Companies and Branches within the scope of the Foreign Direct Investment Law are Required to Obtain a registered electronic mail (“KEP“) account
11th November 2020 Several amendments were introduced on the Implementation Regulation on Direct Foreign Investments Law (the “Regulation”) on 16 October 2020. The companies and branches within the scope of the Law on Direct Foreign Investments (the “Law”) are now required to obtain a registered electronic mail (“KEP“) account. Accordingly, notifications and applications made through Electronic Information System on Incentive Implementation and Foreign Capital (“E-TUYS”) will be carried out via KEP accounts.Amendments to the Shareholders’ Meeting Procedures of Joint Stock Companies
11th November 2020Significant changes to shareholders’ meeting procedures and principles on the attendance of a representative of Ministry of Trade have been introduced.
Amendments to the Financial Reporting of Investment Funds
11th November 2020Capital Markets Board of Turkey (“CMB“) has published the Communiqué Amending the Principles Regarding Principles on Financial Reporting on Investment Funds (“Amendment Communiqué“), in the Official Gazette dated 9 October 2020 and entered into force on the same date. Changes introduced by the Amendment Communiqué can be summarized as follows:
Additional Six Months has been granted to Benefit from the Renewable Energy Resources Support Mechanism
11th November 2020 Commissioning deadline for production facilities to able to benefit from the Renewable Energy Resources Support Mechanism (“YEKDEM”) has been extended to 30 June 2021, with the annex decree of the Presidential Decree dated 17 September 2020 and numbered 2949 has been published in the Official Gazette dated 18 September 2020 and numbered 31248.Amendments in Communiqué on Principles Regarding Real Estate Investment Companies
4th November 2020 Capital Markets Board of Turkey (“CMB“) has published the Communiqué Amending the Principles Regarding Real Estate Investment Companies (“Amendment Communiqué“) the Official Gazette dated 9 October 2020 and entered into force on the same date. Changes introduced by the Amendment Communiqué can be summarized as follows:Turkish Constitutional Court Annulled Article 81/13 of Law on Intellectual and Artistic Works
4th November 2020Pursuant to Law numbered 5846 on Intellectual and Artistic Works (“Law“) reproduced copies of musical and cinematographic works and non-periodical publications should bear a special label, called a banderol for commercial exploitation. The breach of banderole liability crimes and related punishments are regulated under article 81 of the Law. Article 81/13 of the Law, on the other hand, sets forth a special joiner of offences rule by making a reference to article 71/1-1 of the Law that infringement of the moral and financial rights crime regarding an artistic work is laid down.
Guideline on Non-clinical Evaluation of Vaccines for Human Use has been Published
4th November 2020 On 6 October 2020, Turkish Medicines and Medical Devices Agency (“Agency”) has published “Guideline on Non-clinical Evaluation of Vaccines for Human Use” (“Guideline”). The Guideline aims to provide guidance on “non-clinical evaluation” of vaccine candidates for vaccine developers.WIPO Launches “WIPO Lex-Judgments” Database
4th November 2020 Legal regulations and judicial practices are in a continuous transformation in order to meet the needs arising from new technological developments. Juridical authorities in different jurisdictions are facing new and highly sophisticated conflicts which are increasing day by day in practice of intellectual property. This global change also necessitates an international information exchange to have an idea on law practitioners’ different approach to different problems.Principles and Procedures Applying to Taxpayers Detected with High
4th November 2020 Pursuant Article 160/A of the Tax Procedure Law (“Law number 213”) taxpayers who are determined by the relevant departments of the Ministry of Treasury and Finance to have a high risk of forging documents will be referred to tax inspection and then their taxpayer status will be abandoned. Within the scope of this amendment, which was brought in order to strengthen the trust in documents and to terminate the acts of those who issue fake documents, the procedures and principles regarding the determination of risky taxpayers, tax inspection and cancellation were determined by the General Communiqué of the Tax Procedure Law number 520 (“Communiqué”).The Court of Cassation: Mediation is not Mandatory for Compensation Cases Initiated with Non-Monetar
21st October 2020 The 11th Civil Chamber of the Court of Cassation ruled that where the lawsuits are backlogged, mediation is not mandatory for commercial cases initiated with non-monetary claims. Accordingly, it overruled the Regional Court’s decision.Guidelines on Employee Inventions and Inventions Made in Higher Education Institutions were published
19th October 2020 Turkish Patent and Trademark Office (“TPTO”) published “Guidelines on Employee Inventions and Inventions Made in Higher Education Institutions” (“Guidelines”) on its website by virtue of Industrial Property Law numbered 6769 (“IPL”) and Regulations on Employee Inventions and Inventions Made in Higher Education Institutions and Inventions Emerging in Public Supported Projects numbered 30195 (“Regulation”) on 30 June 2020.Regulation on Generation and Use of TR QR Code in Payment Services has been Published
19th October 2020 The Regulation on Generation and Use of TR QR Code in Payment Services (“Regulation”) prepared by the Central Bank of the Turkish Republic (“Bank”) has been published in the Official Gazette dated 21 August 2020 and numbered 31220, entering into force on the same date.The Regulation determines the procedures and principles for services fall into the scope of payment services within the scope of the Law on Payment and Securities Settlement Systems, Payment Services, and Electronic Money Institutions numbered 6493 (“Law”) and rendered by using a QR Code, besides generation of TR QR Code.Turkey Amends the Decision on State Aids in Investment
19th October 2020 The Decision Amending the Decision on State Aids in Investment amends (“Amendment Decision”) the Decision on State Aids in Investment mainly with the purposes of supporting environmental responsibility in production and high technology investment by considering the investors’ needs. The Amendment Decision has been published in the Official Gazette dated 21 August 2020 and numbered 31220.Turkey Announces the Regulation on Sale of Refurbished Products
19th October 2020 The Regulation on Sale of Refurbished Products (“Regulation”) introduced by Turkey’s Ministry of Trade was published in the Official Gazette dated 22 August 2020 and numbered 31221 and entered into effect on the same day. The Regulation aims to regulate the procedures and principles pertaining to re-sale of used goods by refurbishing.Turkey Introduced Significant Amendments to the Code of Civil Procedure
19th October 2020 The Law numbered 7251 on the Amendments to the Code of Civil Procedure and Certain Laws (“Amendment Law”) was published in the Official Gazette dated 28 July 2020 and numbered 31199 and entered into effect on the same day.WIPO Launched “WIPO PROOF”, A Trusted Digital Evidence Service to Safeguard Digital Assets
19th October 2020The ever-changing digital world, on one hand, creates a great number of digital data pertaining to innovative and creative ideas, but on the other hand raises questions on misuse and infringement of these.
Turkey’s Board of Advertisement Rendered a Decision in which It Classified Certain Personal Social
19th October 2020 In the meeting held in July, the Ministry of Commerce’s Board of Advertisement (the “Board”) evaluated the posts regarding a food supplement that were shared on personal social media accounts of six people, within the scope of surreptitious advertising. The Board ruled the suspension of the advertisements and administrative fine to the advertiser company and six people on the grounds that advertisements violate the general principals regulated by the Consumer Protection Law numbered 6502 and the Regulation on Commercial Advertising and Unfair Commercial Practices, besides the specialized regulations on advertisements of food supplements.Turkish Data Protection Board States that the Convention 108 is not sufficient per se for Data Trans
19th October 2020 Turkey’s Data Protection Board (“Board”) imposed an administrative fine in the amount of TRY 900,000 on a data controller for transferring personal data abroad without having a valid legal basis. The data controller’s claim that Convention 108 is sufficient per se for data transfer abroad among the parties has been declined by the Turkish Data Protection Board.Turkish Data Protection Board: A Single Person may be Appointed as the Contact for more than One Dat
19th October 2020Turkish Data Protection Board (“Board”) decided that a single person may be appointed as the contact person for multiple data controllers abroad at the same time. However, a person can be a contact person for only one data controller in Turkey.
Turkey Introduces Procedures and Principles Regarding Determination of Power Plant Areas of Production
25th September 2020 Procedures and Principles Regarding Determination of Power Plant Areas of Production Facilities Subjected to Pre-License and Licenses in the Electricity Market (“Principles”) set forth by the Energy Market Regulatory Authority (“EMRA”) has entered into force as of 18 June 2020.Turkish Court of Cassation: Article 6/A of the Abolished Law number 4077 on the Protection of Consum
22nd September 2020 The First Presidential Board of the Court of Cassation determined conflicting judgments between chambers in the matter of ” whether or not the claim of invalidity arising from not issuing a registered bill can be put forward against the holder in good faith who has taken over through endorsement in case of the issuance of an order bill that should be issued as a registered bill as per 6/A of the Law number 4077 on the Protection of Consumers”. The Assembly decided to resolve the uncertainty between different chambers of the Court of Cassation.12th Civil Chamber of the Court of Cassation stated that “the claims based on the invalidity of the bill are decided to be rejected due to the reason that even if the bill is given within the scope of the consumer contract, it is not possible to claim and prove that the bad faith of the creditor and it is not written in the text of the bill that it is given by reason of the consumer contract and it is not possible to object to the signature and to prove the debt has been paid to the creditor”.Turkey Amended the Communiqué on Signing of the Company Establishment Agreement
22nd September 2020 Paragraph 6 of the article regarding the preparation procedures of the Communiqué (“Communiqué”) of the Communiqué on the Signing of the Company Establishment Agreement at the Commercial Registry Directorates was amended through the Communiqué Amending the Communiqué on the Signing of the Company Establishment Agreement at the Commercial Registry Directorates, which entered into force on 22 July 2020.As per this amendment;Turkish Trade Remedies – July 2020
22nd September 2020TURKEY INITIATES SURVEILLANCE ON IMPORT OF BICYCLE PARTS FROM CHINA, INDONESIA, INDIA, MALESIA AND THAILAND
27th August 2020
The Law Amending the (“Amendment Law”) Law number 5651 (“Law Number 5651”) on Regulation of Broadcasts via Internet and Prevention of Crimes Committed through Such Broadcasts was published in the Official Gazette on 31 July, 2020. With the Amendment Law, important changes were made to the internet law. It is possible to examine the changes brought under two main headings: changes in social media regulations and changes in the general process.
Moroglu Arseven
27th August 2020The Law Regarding the Establishment of Digital Platforms Commission and Amendment of Certain Laws (“Law”) was published in the Official Gazette dated 28 July 2020 and numbered 31199.
Digital Economy Maneuver from the Turkish Competition Authority
19th June 2020 Turkish Competition Authority (“Authority”) underlined the followings with its announcement (“Announcement”) dated 8 May 2020:Turkey Announces Procedure and Principles Regarding R&D Tenders
19th June 2020 Presidential Decree (“Decree”) numbered 2483 was published in the Official Gazette dated 30 April 2020 and numbered 31114 and entered into force on the same day. The Decree regulates the procedure and principles of services to be procured through tenders for the national research-development (“R&D”) projects conducted and supported by the national R&D institutions within the scope of the exceptions of Public Tender Act (“Act”) numbered 4734, excluding the penalties and prohibition from tenders.Turkish Constitutional Court Determined Constitutional Review Principles for Presidential Decrees
19th June 2020In Presidential Government System, which was adopted on 9 July 2018 in Turkey, the President is entitled to issue Presidential Decrees on the matters related to executive power without the need for an enabling law. Presidential Decree, being a fundamental norm as per regulated directly under the Constitution, is a general and framework regulative transaction.
Turkish Constitutional Court: Decision to Completely Block Access to a News Site Violates Freedom of the Press
19th June 2020 Turkish Constitutional Court ruled that the applicant’s freedom of speech and freedom of the press are violated by the decision to completely block access to the website that the applicant is representative of.Regulation on Activities to be Evaluated under Insurance Services, on Insurance Contracts Concluded
17th June 2020 Turkey’s Ministry of Treasury and Finance has published the Regulation Amending (“Amendment Regulation”) the Regulation on Activities to be Evaluated under Insurance Services, on Insurance Contracts Concluded in favor of the Consumer and on Distance Insurance Contracts (“Regulation”) in the Official Gazette numbered 31122 and dated 9 May 2020.Turkey Issues Regulation on Manipulation and Misleading Transactions in Financial Markets
10th June 2020 Turkey's Banking Regulatory and Supervisory Authority ("BRSA") published the Regulation on Manipulation and Misleading Transactions in Financial Markets ("Regulation") on 7 May 2020, entering into force on the same date. The Regulation sheds light on the recently introduced article 76/A of the Banking Law Number 5411 ("Law"), which included a brief definition of manipulation and misleading transactions.Turkey’s Banking Regulatory and Supervisory Authority (“BRSA”) published the Regulation on Manipulation and Misleading Transactions in Financial Markets (“Regulation”) on 7 May 2020, entering into force on the same date. The Regulation sheds light on the recently introduced article 76/A of the Banking Law Number 5411 (“Law”), which included a brief definition of manipulation and misleading transactions.Legal Briefings
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Asset recovery in Turkey: are criminal proceedings the only way?
White-collar crimes have not only increased in scale but have also become increasingly sophisticated. Individuals, companies, and financial institutions have been outflanked by criminal attacks. Furthermore, with advancing technology and complex transactional structures, the proceeds of white-collar crime have become easier to dissipate and move. Accordingly, alongside combating the criminals, finding new and effective ways …
Comparative Guides
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Turkey: Intellectual Property
Published: June 2020
Authors: Işık Özdoğan, LL.M. Gökçe İzgi, LL.M. Ezgi Baklacı Gülkokar Yonca Çelebi
This country-specific Q&A provides an overview to Intellectual Property laws and regulations that may occur in Turkey.
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Turkey: Patent Litigation
Published: October 2020
Authors: Gökçe İzgi, LL.M. Işık Özdoğan, LL.M. Ezgi Baklacı Gülkokar Merve Altınay Öztekin, LL.M.
This country-specific Q&A provides an overview to Patent Litigation laws and regulations that may occur in Turkey.