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Trademark Law 2020 | The Year in Review

18 Jan 2021

Introduction We welcome the new year still reeling from the one just ended; still grappling with the lingering effects of an ongoing global pandemic. No industry or profession emerged from 2020 unaltered. Trademark law practice is no exception. Nevertheless, […]

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Turkish Constitutional Court: Petition Submitted in One Court for Filing in Another, and Dismissed as Untimely Based on Court’s Erroneous Finding as to Petition Filing Date Violated Petitioner’s Constitutional Right to a Fair Trial

5 Jan 2021

In its decision, dated 21 October 2020, and numbered 2018/7666, the Turkish Constitutional Court (“TCC”) held that dismissal of a petition, submitted in one court for filing in another, requesting cancellation of a certain order of payment, and dismissed […]

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The Court of Cassation Ruled that Mediation is not Mandatory for Compensation Cases Initiated with Non-Monetary Claims Arising from Law on Intellectual and Artistic Works

5 Jan 2021

The 11th Civil Chamber of the Court of Cassation ruled that where the lawsuits are backlogged, mediation is not mandatory for commercial cases initiated with non-monetary claims. Accordingly, it overruled the Regional Court’s decision. In the dispute subject to […]

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Turkish Constitutional Court: Ruling Imposing Proportional Attorney Fees Based Upon Legislation not in Effect at The Time of The Ruling was in Violation of Applicant’s Constitutional Right of due Process

5 Jan 2021

The Turkish Constitutional Court (the “TCC”) ruled that the trial court’s ruling imposing proportional attorney fees based upon legislation not in effect at the time of the ruling was in violation of the applicant’s constitutional right of due process. […]

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