TÜRKIYE Trends and Developments Contributed by: Faruk Aktay, Can Eken and Ayşe Müge Aktay, Aktay Law Firm
Intellectual property rights With increased innovation, litigation related to the protection of intellectual property rights is also beginning to increase. More businesses are wising up to the fact that trade marks, patents, and copyrights have to be well protected, and more cases of infringement are therefore com- ing to light. Although the efficiency of the processes at the Turkish Patent and Trademark Office have been improved, many disputes find their way into the courts, and lawyers are often involved in these cases. In addition, using the advantages of tech- nology, companies scan for possible infringe- ments, too, thereby being proactive regarding infringements of IP. Cross-Border Disputes With its strategic position as a bridge between Europe and Asia, Türkiye is well positioned to continue playing a big role in international trade that can only be presumed to increase cross- border litigation. In 2024, their complexity has grown, just like the role of Türkiye, in global com- merce. International trade With the growth of agreements and transac- tions, disputes arising from them also got a boost. Companies that export and import not only have to follow national laws but also inter - national laws. International contract litigation, tariffs, and trade regulations will involve more cases. Companies should consider hiring attor- neys who specialise in international trade as this will assist them in doing business in relation to these new and increasingly complex regulations. Investment disputes While foreign investments in Türkiye have wit- nessed fluctuations, some disputes between
the Turkish state and foreign investors have been coming to the forefront. Bilateral invest- ment treaties contain mechanisms for investors to seek arbitration in cases of expropriation or unfair treatment, the resolution of which would affect the perceived investment climate of the country in future foreign direct investments in no small way. Legislative Reforms Continuous legal reforms have shaped the liti- gation landscape in Türkiye. 2024 has marked a year of change and the government has been active in updating laws on contemporary issues with the aim of creating a better and more effi- Recent reforms to civil procedure laws have aimed to make litigation processes less bur- densome and slow. For example, amendments have provided for expedited trials, strict plead- ings deadlines, and easier introduction of tech- nology into courts. These reforms have been aimed at unclogging the courts’ backlog through increased access to justice. The increased appli- cation of case management techniques is bound ciently transparent legal framework. Updates to civil procedure laws The Turkish Commercial Code has been amend- ed to improve corporate governance and provide greater protection to minority shareholders. The changes make corporate litigation even more relevant, mainly with respect to shareholder rights and the responsibilities of corporations. Companies will now have to show greater sen- sitivity regarding the changed legal environment to reduce risks resulting from non-compliance. The amendments are also aimed at building an environment that is more conducive to conduct- ing business and attracting foreign investments. to result in more efficient courts. Turkish Commercial Code reforms
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