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UNFAIR COMPETITION UNDER THE TURKISH COMMERCIAL LAW 11 December 2020
Unfair Competition Concept The concept of unfair competition can be defined as all actions and acts that disrupt the economic order in violation of the rule of honesty and that cause results against the actors of the economic order. Unfair competition under Turkish law is regulated under the provisions of both the Turkish Code of Obligations ("TCO") and the Turkish Commercial Code ("TCC"). However, the provision of the TCO which includes the regulation on unfair competition foresees that the provisions of the TCC regarding unfair competition in commercial affairs will be applied.
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AMENDMENTS TO THE REGULATION ON GENERAL ASSEMBLY MEETINGS OF JOINT STOCK COMPANIES 10 December 2020
The Regulation regarding “Amendments to the Regulation on the Procedures and Principles of the General Assembly Meetings of Joint Stock Companies and the Ministry of Customs and Trade Representatives Attending These Meetings” prepared by the Ministry of Trade was published in the Official Gazette dated October 9, 2020 and No 31269. First of all, the title of the Regulation has been changed to "Regulation on the Procedures and Principles of the General Assembly Meetings of Joint Stock Companies and the Ministry Representatives Attending These Meetings". On the other hand, some changes have been made in different articles of the Regulation, which we consider important.
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ABSOLUTE GROUNDS FOR REFUSAL IN TRADEMARK REGISTRATION 1 December 2020
SIGNS THAT A TRADEMARK MAY CONSIST OF Trademark, which constitutes one of the types of industrial property rights, is a distinctive sign that represents all assets of an enterprise in commercial life and is used to distinguish similar goods and services from other businesses' goods and services. According to Article 4 of the Industrial Property Code ("IPC"), a sign must satisfy three conditions to be a trademark.
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FIDIC CONTRACTS 26 October 2020
WHAT IS THE MEANING OF FIDIC? FIDIC refers to the "Fédération Internationale des Ingéniurs Conseils" in other words, the "International Federation of Consulting Engineers" which was established in Lausanne, Switzerland in 1913. France, Belgium, and Switzerland are founding members of FIDIC. Only one organization from each country can become a member of the federation and today the federation is an international professional organization with members from 78 countries. Association of Turkish Consulting Engineers and Architects (ATCEA) affiliated with the federation in 1987 and became Turkey's representative in the federation.
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IMPACT OF SOCIAL MEDIA AND LEGAL SANCTIONS THAT CAN BE APPLIED IN COPYRIGHT LAW 2 October 2020
What is Copyright? Copyright refers to the legally provided rights on products produced by a person with all kinds of intellectual efforts. Under Turkish law, copyrights are protected by the Law on Intellectual and Artistic Works ("LIAW"). The purpose of the LIAW provisions is to determine and protect the moral and financial rights of the authors on works of science and literature, music, fine arts or cinema, and to regulate the conditions of benefiting from these products, and to ascertain sanctions in case of use contrary to the stipulated rules and procedures.
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NON-LIABILITY CLAUSES IN COMMERCIAL SALES 29 September 2020
COMMERCIAL SALES CONTRACT A sales contract is a contract in which one party owes the ownership of the contractual property to the other party and the other party owes some money in return. As a result of the commercial activities developing in modern life, the content, form, and parties of the sales contract have developed in parallel with the needs of commercial life. The fact that merchants have to deal with their transactions quickly, simply and quickly, as a requirement of commercial life, has created a kind of sales contract that can be described as "commercial sales contracts". For this reason, in addition to sales contracts that are under the Turkish Code of Obligations ("TCO"), several regulations are included within the scope of the Turkish Commercial Code ("TCC").
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WHAT IS THE BLOCKCHAIN CONCEPT AND SMART CONTRACTS? WHAT ARE ITS LEGAL EFFECTS? 28 September 2020
BLOCKCHAIN CONCEPT Digital transformation, which has developed rapidly in recent years and started to show its effect in every field, has also been the harbinger of many innovations in the legal field. At this point, the place of blockchain technology and related smart contracts in digital transformation processes is of particular importance.
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EVIDENTIAL CONTRACTS UNDER TURKISH LAW 9 September 2020
I. WHAT IS THE EVIDENTIAL CONTRACT?
Under Turkish civil procedure law, the statutory evidence system has been adopted in principle. In accordance with Article 189/3 of the Code of Civil Procedure ("CCP"), the matters that are required by law to be proven with certain evidence cannot be proven with other evidence. On the other hand, the law provided the parties with the freedom to conclude contracts in determining the means of evidences provided that they fulfill certain conditions.
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ELECTRONIC CONTRACTS 3 September 2020
Legal Nature of the Electronic Contracts
Nowadays, the volume of electronic commerce is increasing gradually within the scope of the increase in internet use and the measures taken recently due to the epidemic. At this point, the parties are able to fulfill a significant part of the activities they carry out to meet their demands, either within the scope of internet banking, through e-government platforms or via the internet through electronic commerce.
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REQUESTS TO DELIST THE RESULTS FROM GOOGLE INDEX AND THE RIGHT TO BE FORGOTTEN 28 August 2020
The effect of the contents about people on the internet on the fundamental rights and freedoms of people is an issue discussed in many legal systems.
In this regard, some studies and opinions have been put forward in our country, and this issue has been brought to the agenda again in terms of personal data protection law with a decision made by the Personal Data Protection Authority.
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