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ARTICLE · 12 JULY 2019

Enforcement: An International Litigation Guide, Turkey

Gün + Partners
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Although it is not mandatory to send a demand letter before instituting proceedings in this jurisdiction, it is common to send such a letter.

TurkeyIntellectual Property
Güldeni̇z Doğan Alkan
Güldeni̇z Doğan Alkan
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I. PRE-FILING REQUIREMENTS/DEMAND LETTERS

  • Although it is not mandatory to send a demand letter before instituting proceedings in this jurisdiction, it is common to send such a letter.
  • Although it is not mandatory to attempt to settle with the other party before instituting proceedings in this jurisdiction, it is commonly done.
  • It is neither mandatory nor common to engage in mediation or other alternative dispute resolution proceeding with the other party before instituting infringement proceedings in this jurisdiction.  However, the Law on Mediation in Civil Disputes ("Mediation Law") (Law No. 6325) has been in force since 2012, and in 2017, engaging in mediation before instituting proceedings was made mandatory for certain labor law disputes with the entry into force of the Law on Labor Courts (Law No. 7036). It is also planned to introduce such mandate in the areas of family law and commercial law in the near future. The Industrial Property Code (Law No.

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