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CRIME OF TRADEMARK INFRINGEMENT AND ITS ELEMENTS 10 February 2025
Crime of Trademark Infringement and Its Elements
A trademark is a set of signs that distinguish the goods or services of a business from those of others. Trademark rights grant the owner of a registered trademark the exclusive right to use the mark on specific goods or services. The crime of trademark infringement occurs when someone unlawfully and unauthorizedly uses another's trademark and is regulated under the Industrial Property Law No. 6769 ("IPL"). This offense is frequently encountered in the commercial world, causing both material and moral damage to the trademark owner due to unauthorized use of the mark.
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TRANSFER OF TRADEMARK RIGHTS 7 February 2025
Transfer of Trademark Rights in Turkish Law
Trademarks are significant economic assets that constitute the identity of a business and help distinguish its goods and services. In Turkish law, the transfer of trademarks is regulated by the Industrial Property Law No. 6769 (“IPL”). The transfer of a trademark must be carried out in accordance with specific procedures and conditions; otherwise, the transfer transaction is deemed invalid. This article discusses key details of the trademark transfer process.
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TYPES OF CONCORDATUM 30 January 2025
Types of Concordat: Ordinary, Concordat by Abandonment of Assets, and Post-Bankruptcy Concordat
Concordat is a crucial legal mechanism that allows debtors to overcome financial difficulties while protecting the rights of creditors. To address different financial situations and needs, concordat is categorized into three main types: Ordinary Concordat, Concordat by Abandonment of Assets, and Post-Bankruptcy Concordat. This article examines the characteristics and application areas of these types.
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WHAT IS CONCORDATUM? 29 January 2025
What is Concordatum?
Concordat is a legal mechanism designed to facilitate the restructuring of debts through an agreement between debtors and their creditors when debtors encounter financial difficulties. This mechanism not only prevents the debtor from being declared bankrupt but also ensures a certain degree of protection for both the debtor and the creditors. Concordat is available not only to debtors who are subject to bankruptcy but also to any debtor who fails to pay their debts on time or faces the risk of insolvency. Such debtors may apply to the competent court for a declaration of concordat.
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THE CONTRACTOR'S LIABILITY FOR DEFECTS IN CONSTRUCTION CONTRACTS OF FLAT FOR LAND 2 August 2024
In the context of construction contracts of flat for land, the contractor's obligation is to deliver the work agreed upon in the contract to the client without any defects. The Turkish Code of Obligations No. 6098 (“TCO”) provides specific legal remedies for the client in cases where the contractor delivers a defective work by failing to fulfill their primary performance obligation properly.
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PERFORMANCE-BASED STOCK OPTION PLANS FOR COMPANY EMPLOYEES 12 July 2024
WHY ARE STOCK OPTION PLANS IMPLEMENTED?
To encourage employees to work long-term within the company and to enhance their performance, employees are allowed to participate in ownership through stock acquisition under certain conditions. Research indicates that this method increases productivity and profitability in the workplace. For employers, it leads to improved workplace performance, while for employees, it provides an opportunity to gain additional income by becoming part of the capital.
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OBLIGATION TO HIRE A LAWYER IN JOINT STOCK COMPANIES 27 June 2024
The Turkish Commercial Code No. 6102 ("TCC") stipulates that joint-stock companies, while offering numerous advantages, also bear a multitude of obligations. These obligations are regulated not only in the TCC but also in various other legislative instruments.
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MUTUAL OBLIGATIONS OF PARTIES UNDER CONSTRUCTION CONTRACTS OF FLAT FOR LAND 12 June 2024
In construction contracts of flat for land that impose obligations on both parties, the landowner and the contractor have reciprocal rights and obligations. Upon the establishment of the contract, the mutual rights and obligations of the parties arise.
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CAN THE STATUTORY PRE-EMPTION RIGHT BE EXERCISED ON THE LAND SHARES TRANSFERRED TO THE CONTRACTOR PURSUANT TO CONSTRUCTION CONTRACTS OF FLAT FOR LAND? 4 June 2024
What is the Legal Nature of Construction Contracts of Flat for Land?
A construction contract of flat for land is a type of contract in which the contractor undertakes the obligation to construct a specified work on the land owned by the employer, and in return, the employer commits to transferring certain shares of the land or the constructed work to the contractor. Although not specifically regulated in the special provisions of the Turkish Code of Obligations, it is a hybrid and double-natured contract that combines elements of both a contract of work and a sales contract. The valid establishment of such agreements requires their preparation and signing before a notary. Due to its sui generis nature, the construction contract of flat for land brings certain problems and disputes in prac...
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DEFINITION, LEGAL NATURE, FORM AND TYPES OF CONSTRUCTION CONTRACT OF FLAT FOR LAND 30 May 2024
I. What are Construction Contracts of Flat for Land?
Construction contracts of flat for land are agreements where the contractor undertakes the construction on the immovable property belonging to the landowner with their own financing. In return, the landowner promises to transfer the immovable property to the contractor as payment. In other words, the contractor undertakes to create a building, and the landowner undertakes to pay a price through the transfer of a land share.
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