On 24 May 2019 the Supreme Court General Assembly on the Unification of Judgments (General Assembly) concluded that the plaintiff in a partial monetary action need not reiterate its claim for interest when increasing the value of the claim if it claimed interest for its principal receivables in the plaint petition and the claim of interest will automatically apply for the amount which is increased later on (Decision 2017/8 E, 2019/3 K).
Background
Partial claim actions are…
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Copyright protection is granted under Law on Intellectual and Artistic Works No. 5846 (the “LIAW”) in Turkey. The LIAW entered into force on January 01, 1952, and was amended in the years of 1983, 1995, 2001, 2004, 2007 and, lastly, 2008. The Draft Bill on the Amendment of the Code (the “Draft Bill”) was published for public opinion on May 05, 2017; however, there is currently no indication that this Draft Bill will enter into force in the near future.
On the other hand, the…
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Law on Intellectual and Artistic Works No. 5846 (the “LIAW”) takes a very formalistic approach regarding the transfer of copyrights arising from these types of work.
Under the Turkish copyright law, the general principle is that the person who actually creates a work is the author of that work. The “work made for hire” concept is not accepted under Turkish law. The right transfers should be made in writing, once the work is embodied, indicating, expressly, which rights are…
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Copyrights are amongst the most infringed-upon rights in the internet environment. On this account, Turkey applies a notice and takedown system in online copyright infringement cases as a practical tool, which is also widely recognized in many jurisdictions around the globe.
In Turkey, copyrights are protected under Law on Literary and Artistic Works No. 5846 (“Law No. 5846”). According to Law No. 5846, if a work is adapted, duplicated and circulated, performed or broadcast…
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Intellectual Property Law, in principle, rewards the creativity of owners by granting them privileged rights on related works within the scope of copyright legislations, and prohibits reproduction, transmission, representation or use of the work in other ways, without the consent of the owner. On the other hand, the “Fair Use” doctrine, which basically finds application in Anglo-Saxon legal systems, allows limited use on copyrighted work without the permission of the right…
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The author or the owner of a work is entitled to claim compensation in the case of violation of economic and moral rights arising from the ownership of the work protected under Law No. 5846, the Intellectual and Artistic Works (the “LIAW”), in addition to other legal remedies.
Article 70 of the LIAW regulates the compensation that may be claimed based on violation of economic and moral rights, separately. Accordingly, the author whose moral rights have been infringed, is…
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The overlapping of copyrights with other IP rights, in particular, with trademarks and designs, is a common case in many jurisdictions, including Turkey. It refers to the protection of an intellectual creation under both copyright law and trademark or design law.
In Turkey, an intellectual creation benefits from cumulative protection, if it simultaneously fulfils the criteria to be protected as a copyrighted work under Law of Literary and Artistic Works No. 5846 (“Law No.…
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Regardless of being intellectual creations that are of great importance for the television production sector, program formats lack clear definition within the scope of Turkish law, as well as a broadly accepted assessment of their legal characteristics.
Uğur Çolak, a former member of the Istanbul District Court, defined program formats as “Frameworks or outlines for programs transmitted by any broadcast format, including digital communications, which demonstrate how each…
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After first seen in December 2019 in Wuhan, China, the coronavirus -which leads to Covid-19 disease- has spread to 192 countries in only three months. The number of confirmed coronavirus cases has exceeded 340,000 globally with the number of deaths exceeding over 14,000 as of 23 March 2020. The first case of coronavirus in Turkey was detected on 11 March 2020. The number of cases in Turkey had increased to 1236 in the following 13 days with 30 citizens losing their lives due…
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In Turkey, the central piece of legislation on advertising law compliance issues is Turkish Consumer Protection Law numbered 6502 (“CPL”), the Regulation on Commercial Advertisements and Unfair Commercial Practices (the “Advertising Regulation”), prepared in line with the CPL and Broadcasting Law No. 6112.
Broadcast media advertising is ruled and supervised by the RTUK, which is an autonomous and impartial public legal entity. The RTUK regulates and supervises the radio…
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Comparative advertising under Turkish Law has been allowed for many years. However, the definition of comparative advertising has been introduced into Turkish law for the first time as “advertisements used for the promotion of goods or services, in which elements concerning goods or services of a competitor are directly or indirectly used,” by the Regulation on Commercial Advertising and Unfair Commercial Practices (‘’Advertising Regulation’’), which entered into force after…
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It is the main principle that all advertisements should be accurate, honest, and the accuracy of claims is required to be proven. In practice, it is crucial to determine whether the advertisement is accurate and is not misleading. There is no legal definition under Turkish Law for misleading advertising, while misleading advertising is strictly prohibited. Within general practices, misleading advertising is interpreted as advertisements giving false information to consumers…
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