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The New Regulations Regarding Employee Inventions within the Scope of Industrial Property Law 28 September 2017
With the new Industrial Property Law numbered 6769 which is enacted on 22.12.2016 and published in the Official Gazette numbered 29944 and dated 10.01.2017 (“IPL”), regulations regarding patents, trademarks, geographical indications and designs are codified into one document instead of former separate statutory decrees. With this regard, IPL has adopted some revised provisions on patents, trademarks, geographical indications and designs.
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Usage of Work Completion Certificates of a Company by Another Company 26 September 2017
Work completion certificates are one the essential documents to be provided in order to submit in a tender according to Public Procurement Code numbered 4734 (“the Law no. 4734”). In principle, work completion certificates shall not be used in tenders by other applicants other than the company who is the owner of work completion certificates. However, such usage can be possible within certain conditions. This article is about the conditions of usage of work completion certificates by another company in a tender.
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The Late Delivery in Pre-paid Housing Sales 19 September 2017
The pre-paid housing sale is regulated under the title of “pre-paid housing sales contract” in the Law on Consumer Protection and in the Regulation on Pre-paid Home Sales. However, although pre-paid housing sale is a popular way of housing sale, neither the Law nor the Regulation has any provision regarding the late delivery in pre-paid housing sales. Therefore, regarding the late delivery in pre-paid housing sales which is one of the most important problems that is faced with in pre-paid housing sales, the general provisions must be examined as a result of the Law on Consumer Protection which states that the general provisions shall be applied in case of no relevant provision in the Law on Consumer Protection.
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Transferring Personal Data Abroad 13 September 2017
1. Transferring Personal Data
The Article 8 of The Law on Protection of Personal Data numbered 6698 (“the Law”) indicates that, it is not possible to transfer personal data without the explicit consent of relevant party. However, the law maker regulated some exceptions under Paragraph 2 of the same article.
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Anonymizing Personal Data 12 September 2017
I. Personal Data
Personal Data is defined by the Law on the Protection of Personal Data numbered 6698 (“the Law”) as ”all the information relating to an identified or identifiable natural person”. Accordingly, all personal information of a natural person such as name, surname, credentials, profile, photograph, address, phone number, closed circuit camera footage, voice records is exemplary.
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Can Bankruptcy Proceedings Be Initiated Against Branch Offices of Companies Whose Head Offices Are Located Abroad? 20 July 2017
I. Does the Branch Office of a Company Whose Head Office is Located Abroad Have Legal Personality?
According to Turkish Law, the requirements for a branch office are having close association with the parent company, independency from the parent company with regard to external affairs, having separate location and separate management from the parent company. Besides, it is possible for a company whose head office is located abroad to establish branch offices in Turkey.
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Regulations Accepted within the Scope of the Law on Protection of Personal Data 19 July 2017
The Law on the Protection of Personal Data numbered 6698 (“the Law”) was accepted on24.03.2016 and came into force by its promulgation in the Official Gazette dated 07.04.2016 and numbered 29677. Within the scope of the Law, principles during personal data process are prescribed and additionally administrative and criminal sanctions are determined for the data controllers in case of a breach of the Law.
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Distribution of the Advance Dividends in Joint Stock Companies 7 July 2017
The advance payment of dividends in joint stock companies is regulated by Turkish Commercial Code numbered 6102 (“TCC”) and The Communique on Advance Dividend Distribution (“The Communique”) which is published in the Official Gazette on 9 August 2012. This article describes the important points to be considered in the distribution of dividends in Joint Stock Companies, by explaining the issue in accordance with the provisions of the Communique.
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Nationality of the Arbitral Awards 5 July 2017
In order to enforce foreign arbitral awards in Turkey, recognition and/or enforcement of the arbitral awards should be requested by filing a case before Turkish courts. Contrarily, local arbitral awards do not require any additional recognition and/or enforcement decision from Turkish courts to be enforceable in Turkey. In other words, local arbitral awards are directly enforceable in Turkey as of the date of rendering of the decision. Therefore, it is important to determine whether an arbitral award is foreign or local.
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Matters to Be Considered During Establishing a Startup Relationship 3 July 2017
Due to technological developments, software development has become one of the fastest growing business areas throughout the world. In order to become successful in this field, there should be cooperation between software developers and investors as software developers need investors to be supported financially and investors need software developers who have significant ideas; and this cooperation leads parties to establish a startup relationship. However, it is very important to regulate the startup relationship in detail, since if necessary issues are not clearly identified before the commencement of the mentioned relationship, parties would face with serious problems on protecting their rights, after being successful in software development business.
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