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  • Article

    Turkish Constitutional Court: Rejection Of An Appeal Request Without Considering The Inadequate Notification Procedure, Breaches The Right Of Access To A Court

    In the dispute at hand, the applicant (the "Applicant") used to work in a hospital as a chief physician.
    TurkeyGovernment, Public Sector
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Originality Of Foreign Mark Sufficient For Invalidation Of Two Local Marks Based On Bad Faith

    In two recent invalidation actions before the Istanbul Civil IP Courts of First Instance, two local trademark registrations for OLIVER PEOPLES have been invalidated...
    TurkeyIntellectual Property
Kenaroglu Avukatlik Burosu
Kenaroglu Avukatlik Burosu
  • Article

    The High Court Of Appeals Revived The Cancellation Actions On The Grounds Of Non-Use After The Annulment Decision Of The Turkish Constitutional Court

    The Constitutional Court had reasoned that no property right could be legislated through a decree-law.
    TurkeyIntellectual Property
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Turkish Court Of Appeal Rules On Loss Of Rights Due To Remaining Silent In Context Of Trademark Infringement And Compensation Claims

    The Turkish Court of Appeal and Assembly of the Civil Chamber recently considered a claim where the defendant was alleged to have used the plaintiff's trade name as a trademark
    TurkeyIntellectual Property
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Turkish Supreme Court Rejects Pre-Emptive Claim Regarding Patent Infringement On Basis That Bolar Exemption Applies

    The Turkish Supreme Court recently published a decision in which it chose to uphold rejection of a non-infringement determination request.
    TurkeyIntellectual Property
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Amendments To The Check Law's Regulation On The Penalty For The Offense Of Drawing A Bounced Check

    The Law Amending Certain Laws and Statutory Decrees No. 7333 ("Law") was published in the Turkish Official Gazette on 18 July 2021.
    TurkeyLitigation, Mediation & Arbitration
    Esin Attorney Partnership
    Esin Attorney Partnership
  • Article

    Constitutional Court Issues Decision On Reasonable Time Requirement In Criminal Proceedings

    Since 2012, individuals in Turkey have been able to make individual complaint applications to the Constitutional Court claiming that the state has violated their fundamental constitutional rights (or rights under the European Human Rights Convention) through its acts or omissions.
    TurkeyLitigation, Mediation & Arbitration
    Gün + Partners
    Gün + Partners
  • Article

    Council Of State's Unification Of Decisions On Appeals Filed By Intervening Parties

    Until recently, the Council of State of Turkey had an unsettled practice regarding the appealability of decisions by intervening parties where the principal party does not appeal a decision.
    TurkeyLitigation, Mediation & Arbitration
    Gün + Partners
    Gün + Partners
  • Article

    Decision Of The Judgments Unification Board Regarding The Intervener's Right To Apply To The Legal Remedies Individually Has Been Published

    The Decision of the Judgments Unification Board of the Council of State dated March 3, 2023, and numbered 2021/4 E. - 2023/1 K. has been published in the Official Gazette dated May 25, 2023, and numbered 32201.
    TurkeyLitigation, Mediation & Arbitration
    CBC Law
    CBC Law
  • Article

    Legislative Proposal To Amend Mandatory Mediation On Labour Disputes

    Article 3 of the Law sets out a mandatory mediation requirement as a precondition to the commencement of formal litigation for certain labour law claims.
    TurkeyLitigation, Mediation & Arbitration
    Bezen & Partners
    Bezen & Partners
  • Article

    Preliminary Injunction Under Turkish Laws

    The most important issue with regard to a preliminary injunction relief request is the obligation to file the lawsuit on the merits of the case within two weeks after obtaining such preliminary injunction.
    TurkeyLitigation, Mediation & Arbitration
    Yonet Attorneys At Law
    Yonet Attorneys At Law
  • Article

    Significant Amendments To The Code Of Criminal Procedure Under The First Package Of The Judicial Reform

    The amendment made to Article 102 of the CCP, "Period of detention", limits detention periods in the investigation phase.
    TurkeyLitigation, Mediation & Arbitration
    Esin Attorney Partnership
    Esin Attorney Partnership
  • Article

    The Constitutional Court Annuls The Cassation Bar On Regional Court Of Appeal Decisions Where The Appeal Is Accepted

    The Constitutional Court (“CC“), by its decision dated 26 February 2026 and numbered E.2026/49, K.2026/48 (“the Decision”), unanimously annulled Article 362(1)(a) of the Code of Civil Procedure numbered 6100...
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    The Constitutional Court Ruled That To Hold The Plaintiff Liable For The Costs Of The Litigation In The Event Of The Rejection Or Partial Acceptance Of Compensation Lawsuits Based On Non-Expropriated Dispossession Constitutes A Violation Of The Constitution

    The Constitutional Court ruled that Article 326, paragraph 2 of the Code of Civil Procedure ("CCP") numbered 6100 is unconstitutional since holding the plaintiff liable...
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    The Recognition And Enforcement Of Foreign Judgments In Turkey

    As is stated above, a foreign court decision cannot be enforced, if such decision is only recognized in Turkey.
    TurkeyLitigation, Mediation & Arbitration
    Yonet Attorneys At Law
    Yonet Attorneys At Law
  • Article

    TOBB Tahkim Heyetinin Vermiş Olduğu Nihai Kararın İcra Edilebilirliği Meselesi

    Hakem Heyeti nihai kararlari devlet mahkemeleri yerine, taraflarca aralarindaki tahkim sözlesmesine istinaden yetkilendirilen tahkim heyeti tarafindan verilen ve taraflar arasindaki...
    TurkeyLitigation, Mediation & Arbitration
    MGC Legal
    MGC Legal
  • Article

    Turkey Permits State Court Interim Attachments Before Enforcement Of Arbitral Awards

    A Turkish Court of Appeal has now made clear that courts can grant interim relief at any time before, during or after arbitral proceedings, before an award becomes enforceable by Turkish execution offices.
    TurkeyLitigation, Mediation & Arbitration
    Esin Attorney Partnership
    Esin Attorney Partnership
  • Article

    Turkish Constitutional Court Annulled The Regulation Setting A Monetary Limit For Appealability In Administrative Jurisdiction

    The TCC, in its reasoned decision for the annulment, concluded that the relevant paragraph violated two fundamental principles.
    TurkeyLitigation, Mediation & Arbitration
    Guleryuz Partners
    Guleryuz Partners
  • Article

    Turkish Constitutional Court Considers Timeline For Appealing Jurisdiction And Competence Decisions

    The Constitutional Court, with its decision published in Official Gazette number 29633 on 23 February 2016, struck out part of Article 20(1) of the Turkish Code of Civil Procedure...
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Turkish Constitutional Court Rules That A Verdict Based On Irrelevant Legislation Violates The Right To Fair Trial

    The Turkish Constitutional Court recently considered the right to a fair trial. It held that the applicant's right to a fair trial had been violated because the first instance court had based its verdict on irrelevant legislation.
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Showing 141–160 of 1040 results

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