One of the most frequently raised objections in proceedings for the recognition and enforcement of foreign court and arbitral awards, as well as in actions for the setting aside of foreign arbitral awards, is the allegation that the decision is contrary to public policy. Owing to its broad and interpretative nature, the concept of public policy has become a standard line of defence invoked in almost every recognition, enforcement, or annulment proceeding.
Until the Court of…
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Existing Facilitations for Capital Loss and Over-Indebtedness Calculations are Extended until 2026
Article 376 of the Turkish Commercial Code numbered 6102 (the “TCC”) regulates the measures to be taken and the precautions to be implemented by the board of directors of the company, and the procedures to be followed in cases where the company suffers capital loss or becomes over-indebted, in order to ensure the protection of the financial structure of the company and to secure…
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On 19 December 2025, Presidential Decision No. 10702 amending the Decision on the Pricing of Medicinal Products for Human Use (“Decision”), which was originally put into force by the Council of Ministers’ Decision dated 6 February 2017 and numbered 2017/9901, was published in the Official Gazette.
With this amendment, changes have been introduced regarding (i) profit margins applied to warehouse and pharmacy sales prices and (ii) the Euro exchange rate used in the pricing of…
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Plant protection products are defined in legislation in a broad and highly technical manner. They refer to preparations offered to users in various forms which are used to protect plants and plant products against harmful organisms or to prevent the effects of such organisms, excluding products intended solely for plant nutrition. These products may also affect plant growth, control or prevent undesirable developments in plants or plant parts, or eliminate unwanted plants.…
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The Trademarks Department of the Turkish Patent and Trademark Office (the Trademarks Department) has recently highlighted, in a dispute where the similarity of device marks and the well-known status argument were primary issues, that the evidence submitted in response to a proof-of-use request proved to be critically important to the success prospects of the opposition file.
Opposition grounds and device mark differences
The device trademark application shown below…
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In a recent decision of the Turkish Court of Cassation (Merit No. 2024/6138, Decision No. 2025/3800), the Court conducted a holistic comparison between a globally renowned energy drink brand and a motor oil brand, examining all aspects, from the similarity of the goods to the colors and figurative elements used in the disputed trademarks.
Background
The dispute involved, on the one side, the plaintiff’s well-known marks in the energy drinks sector – the word mark “MONSTER…
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