Awards of excessive compensation under Turkish Intellectual and Industrial Property Law
Introduction Article 17 of the Turkish Constitution provides that "Everyone has … the right to protect and improve his/her corporeal and spiritual existence." Based on this provision of the Turkish Constitution, the general principles of indemnity law will apply to any violation of personal rights. Article 49 of the Turkish Code of Obligations provides the …
Quarterly Update on Anti-Dumping Cases in Turkey (July 2017)
In Turkey, the authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio, is given to the Ministry of Economy ("Ministry"). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.
A Holistic Approach to the Proposed Changes to the IP Law
I. Introduction The Law No. 5846 on Intellectual and Artistic Works ("IP Law") is the main legislation in Turkey that is applicable to copyright related matters. In early May, Ministry of Culture and Tourism's General Directorate of Copyrights shared on their website a Draft Law Amending the Law No. 5846 on Intellectual and Artistic Works …
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Special Audit in Joint Stock Companies
I. Introduction In joint stock companies, there are three types of audit mechanism, namely (i) statutory audit, (ii) optional audit and (iii) special audit. In accordance with the Turkish Commercial Code No. 6102 ("TCC"), all joint stock companies are subject to statutory audit. Said article stipulates that statutory audit is conducted pursuant to article 398 …
Turkey Introduces a New Regulation on Packaging in line with EU Directives
Turkey Introduces a New Regulation on Packaging, Inserts and Tracking of Pharmaceuticals, in line with EU Directives I – Introduction On April 25th, 2017, the Ministry of Health ("Ministry") has published the Regulation on Packaging Information, Inserts and Tracking of Medicinal Products for Human Use ("Regulation") on the Official Gazette. Upon publication of the Regulation, …
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DOJ Publishes New Evaluation Questionnaire on Compliance Programs
United States Department of Justice ("DOJ") published on its website a new guidance paper called "Evaluation of Corporate Compliance Programs" ("Evaluation") in February 2017. The Evaluation provides insight into how the DOJ evaluates compliance programs by setting forth the questions DOJ frequently uses when deciding on fine mitigation or entering into a plea agreements.
Data Controller or Data Processor?
Data Controller or Data Processor? How to Interpret Two Core Definitions of Data Protection Legislation Companies and individuals may face difficulties in determining which one of the definitions they fall under and whether they or the ones they are working with have data protection responsibility. Interaction between these two concepts is of paramount importance, as …
Determination of Injury in Anti-Dumping Investigations: Turkey’s Side of the Story
I – Introduction In a world ruled by the global economy, protection of international trade from unfair competition holds great importance. Unfair competition can develop out of various trade forms such as dumping or subsidy. Between global players, such protection against these forms is maintained through customs taxes and other similar foreign trade policies like …
Quarterly Update on Anti-Dumping Cases in Turkey
In Turkey, the authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio, is given to the Ministry of Economy ("Ministry"). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.
Processing Personal Data Based on Legitimate Interest: A Comparison of Turkish Data Protection Law
Processing Personal Data Based on Legitimate Interest: A Comparison of Turkish Data Protection Law, the Directive 95/46/EC and the GDPR Turkey's first and only law specifically dedicated to data protection and privacy, the Law No. 6698 on Protection of Personal Data ("Law No. 6698"), came into force on April 7, 2016 with certain transition periods. …