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ARTICLE · 22 MARCH 2021

Updates On Mandatory Mediation For IP Disputes

Gün + Partners
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As of January 01, 2019, mediation is mandatory for monetary related commercial disputes in Turkey. In our 2019 thought leadership paper...

TurkeyIntellectual Property
Gün + Partners
Gün + Partners
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As of January 01, 2019, mediation is mandatory for monetary related commercial disputes in Turkey. In our 2019 thought leadership paper, we shared our opinions on the effects of such development applied to IP related disputes in which compensation or payment of a certain amount is sought. Up to this point, practical impacts of this change were a question, especially for the cases that include both monetary and non-monetary claims. Recent decisions of the Turkish Court of Cassation ("the CoC") are guiding IP law practitioners on implementation of mandatory mediation. The details of the said decisions are provided, below.

11th Civil Chamber of Court of Cassation, Merit No: 2019/4851 E., Decision No: 2020/2732 K., Decision Date: June 10, 2020:

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