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Article
The Constitutional Court Strikes Out Article 16(5) Of Trademark Decree Law No. 556
Article 16(5) deemed problematic by reason of Turkish Patent Institutes' extensive interpretations of the term "similar trademarks".
TurkeyIntellectual Property
Guneli & Koc
Article
The Constitutional Court Strikes Out Article 7/1-(I) Of Trademark Decree Law No. 556
After this decision, trademark applications which are identical or similar with a well-known trademark shall be registered by TPI on absolute grounds.
TurkeyIntellectual Property
Guneli & Koc

General Assembly On The Unification Of Judgments Of Supreme Court Clarifies Two-Step Procedure For Service At MERNİS Addresses

General Assembly decision numbered 2019/2 E., 2020/3 K., dated 20 November 2020, clarifies the two-step procedure for service of process on a party at a Central Civil Registration System address when adequate service ...

TurkeyLitigation, Mediation & Arbitration

Moroglu Arseven

New Decision By The Court Of Cassation General Assembly To Unify The Conflicting Judgments

The Decision of the Court of Cassation General Assembly on the Unification of Judgments dated 3 June 2022 and no. 2021/1 E., 2022/3 K. ("Unification of Judgments Decision")...

TurkeyLitigation, Mediation & Arbitration

Esin Attorney Partnership

Recording The Statements Of The Other Party In The Mediation Application Was Deemed Sufficient To File A Counterclaim.

The decision of the 9th Civil Chamber of the Supreme Court dated 27.03.2023, numbered 2023/3808 E. and 2023/4378 K. ("Supreme Court") was published in the Official Gazette No. 32180 on 04.05.2023.

TurkeyLitigation, Mediation & Arbitration

Moroglu Arseven

Turkey's Supreme Court Clarifies Procedural Steps For Initiating Enforcement Proceedings

There are two main types of enforcement actions available in Turkey, intended respectively for circumstances where a judgment exists ("Judgment-Based") and where a judgment does not exist ("Non Judgment-Based").

TurkeyLitigation, Mediation & Arbitration

Moroglu Arseven

Turkey Adjusts Criminal And Civil Appeal Periods To Fifteen Days

Turkey has adjusted criminal and civil appeal periods to 15 days from the date a decision is notified to the parties, applying to decisions issued from 5 August 2017 onward

TurkeyLitigation, Mediation & Arbitration

Moroglu Arseven

Turkey Introduces Two-Level Appellate Court System

While all first instance court decisions awarding or refusing to award amounts below TRY 1,500 (approximately USD 500) will remain final, the new regional courts will hear matters above this minimum statutory threshold.

TurkeyLitigation, Mediation & Arbitration

Esin Attorney Partnership

Constitutional Court Holds Property Owners Entitled To Receive Interest And Inflation If Payment Delays Occur During Expropriations

The full text of a Constitutional Court decision was published in Official Gazette number 29442 on 11 August 2015.

TurkeyReal Estate and Construction

Moroglu Arseven

DOJ – Antitrust Lawsuit Against Visa For Exclusionary Behaviours In The Debit Network Market

The Antitrust Division of the Department of Justice (DoJ) brought an antitrust lawsuit against Visa due to Visa's exclusionary and anticompetitive behaviour leading to monopolisation...

TurkeyAntitrust/Competition Law

NAZALI Attorney Partnership

Turkey Raises Threshold For Consumer Courts In 2021

Consumer complaints against sellers and manufacturers may be brought before Turkish consumer courts only if the amount in dispute is above a certain threshold.

TurkeyConsumer Protection

Esin Attorney Partnership

Constitutional Court Decision On Maintenance

Bursa Family Court of First Instance brought article 175 of the Turkish Civil Code before the Constitutional Court, alleging that the statement "for an indefinite period" in the article violates the rule of law...

TurkeyFamily and Matrimonial

Case Management Under Turkish Civil Procedure Law

In comparative law, it has been gradually expressed the need for more active judge and that the judge should have been administered with wide powers.

TurkeyLitigation, Mediation & Arbitration

Selçuk | Gündüz

Criminal Cases In Turkey

Overall, the fundamental objective of the present article is to make observations about criminal cases in Turkey. The Turkish criminal justice system has been criticized because...

TurkeyLitigation, Mediation & Arbitration

Pi Legal Consultancy

The Regulation On The Conduct Of The Hearings By Transmission Of Audio And Video In Civil Procedures Has Been Published

The Regulation on the Conduct of the Hearings by Transmission of Audio and Video in Civil Procedures ("Regulation") has been published in Official Gazette numbered 31527 on 30 June 2021.

TurkeyLitigation, Mediation & Arbitration

Moroglu Arseven

Videoconference Hearings Before The Boards Of Appeal

On April 1, 2021, a new Article 15a of the Rules of Procedure of the Boards of Appeal (RPBA) on videoconference oral hearings goes into effect.

TurkeyCoronavirus (COVID-19)

Deris Attorney At Law Partnership

First Damages Claim Decision In Pharma Sector For Unjust Preliminary Injunction

The Istanbul IP Court has recently decided on a generic company's damages claim based on an unjust preliminary injunction, in what appears to be the first decision of its kind ...

TurkeyFood, Drugs, Healthcare, Life Sciences

Gün + Partners

Turkey Amends The Pricing Regulation For Human Medicinal Products

The Decision Regarding the Pricing Regulation for Human Medicinal Products in Turkey has been amended.

TurkeyFood, Drugs, Healthcare, Life Sciences

Moroglu Arseven

Bilirkişi Raporunun Mahkeme Kararının Kesinleşmesiyle Kesin Delil Niteliği Kazanmasını Değerlendiren Anayasa Mahkemesi Kararı Yayınlandı

Anayasa Mahkemesi, yargı sürecinde itiraz edilmeyen bilirkişi raporuna sonradan açılan ek davada itiraz edildiği ve bu itirazın istinaf mahkemesi tarafından yerinde görüldüğü başvuruyu değerlendirdi.

TurkeyGovernment, Public Sector

Moroglu Arseven

The Constitutional Court Decided To Annul The Provision Limiting The Maximum Application Period To 10 Years As Of The Finalization Of The Judgment For The Retrial

The objection subject to the Constitutional Court's decision published in Official Gazette dated 1 July 2022 and numbered 31883 ...

TurkeyGovernment, Public Sector

Moroglu Arseven

Showing 21–40 of 1038 results

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