E-Commerce Law in Light of Court of Cassation (Yargıtay) Decisions
In modern life, in which working life has become more intense and the time people can spend on themselves has narrowed, we are able to devote less time to shopping, as to everything else, than we used to. As a result, we no longer go to physical stores and choose the product we are going to buy from among a range of varieties; instead, we shop with a single click from our computer or telephone while sitting or working at home or in the office. Today we can easily reach almost everything we need through internet platforms. In the “e-commerce” method, which has replaced classical trade, the purchase of products by buyers without seeing or touching them has brought with it security problems and, for that reason, new rules in place of those governing classical trade. In this article, we provide information on the Turkish judiciary's approach to e-commerce, together with the rationale of the provisions concerned, and on the application of the rules governing e-commerce law.
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Electronic Contracts Concluded over the Internet
With the growth of e-commerce and its emergence as an indispensable element of commercial life, the number of contracts concluded over the internet is increasing day by day. This article explains the concept of the electronic contract, examines its legal characteristics and how it is formed, and, focusing on the legal structure of electronic contracts, considers when they produce their provisions and consequences and whether they are valid.
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Confidentiality Agreement for the Protection of Trade Secrets
Businesses need to identify their trade secrets by taking appropriate measures and to protect them systematically. The confidentiality agreement plays an important role in the protection of trade secrets. For this reason, confidentiality provisions should be included in the contracts concluded between the parties, or separate confidentiality agreements should be made. This article emphasises the importance of confidentiality agreements in the legal protection of trade secrets. It also sets out the points to be observed in drafting confidentiality agreements, the measures to be taken and the conditions of validity.
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Definition of Trade Secrets and the Protection of Trade Secrets
A trade secret is information of commercial value that companies and commercial enterprises keep confidential in order to gain a competitive edge and protect their market position. Such information is among the information that can directly affect a company's economic success and efficiency and that must therefore be carefully protected. The effective protection of trade secrets is a critical factor enabling companies to maintain their competitive advantage and safeguard their innovative activities. The Turkish legal system provides legal mechanisms for the protection of trade secrets under the rules on unfair competition. In our article, we have addressed these matters in detail.
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Trademark Rights in Turkish Law: Registration and Protection
In recent years, as around the world, the trend towards branding in Türkiye has been seen to be on the rise. In a modern society in which the pace of life has quickened and people are channelled towards consumption rather than production, the way to obtain ready, easily accessible and at the same time high-quality goods or services lies through trusted trademarks. The way for people to trust a trademark, in turn, lies in that trademark being held in an independent register and being protected against wrongful attacks through judicial and administrative channels. In this article, we will provide you with explanations on the trademark right in Turkish law and its characteristics, and on the registration and protection of this right. You can access our article on our website.
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Mediation in Employment Disputes
The function of resolving disputes is essentially a matter for the state, and the state performs this function by exercising judicial power. Alternative dispute resolution methods, on the other hand, are optional dispute resolution methods that exist alongside the state's judicial organs, in which an impartial third person helps the parties resolve the dispute and devises solutions to eliminate the dispute between them.
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Compensation for Unlawful Occupation (Ecrimisil)
Compensation for unlawful occupation, otherwise known as ecrimisil, is the compensation for the damage caused when a person who has no right of use or enjoyment uses or occupies, wrongfully and without the owner's consent, a movable or immovable that does not belong entirely to that person or that legally belongs to someone else. In this article, we have covered the conditions for claiming ecrimisil; by whom, against whom, how and in what manner a claim may be brought where the property subject to unlawful occupation belongs to more than one person; the requirement of objection to use (intifadan men) and its exceptions; the persons entitled to bring an ecrimisil action and the limitation period of the action; the matters to be taken into account in determining compensation for unlawful occupation; and the issue of interest on the compensation to be claimed.
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Action for Determination of Rent
The rent determination action is a legal procedure used in Türkiye to resolve disputes between tenants and landlords over the amount of rent. This type of action aims to have the rent redetermined in line with market conditions. In the Turkish legal system, the rent determination action is an important mechanism for resolving disputes between the parties fairly and for regulating lease relationships. In this article, we address detailed information on the rent determination action, mediation as a prerequisite for filing the action, the course of the proceedings, and the factors taken into account in determining increase rates.
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Artificial Intelligence and Copyright
Artificial intelligence is a technology capable of performing complex tasks by means of algorithms and learning models. However, the ability of these systems to produce creative works has shaken the traditional concept of copyright. For example, the ability of an artificial intelligence model to compose music or create paintings has raised the question of who will be the copyright holder of such works.
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Obligations of Companies Employing 50 or More Workers
Employers who employ 50 or more staff are subject to a number of legal obligations. These obligations are: the obligation to employ persons with disabilities, former convicts and victims of terrorism; the obligation to have a workplace physician and to employ an occupational safety specialist; the obligation to establish an occupational health and safety board and to implement the board's decisions; the obligation to register with the VERBİS system under the KVKK; the obligation to elect an employee representative; and the obligation to give one month's prior notice of collective dismissals.
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Legal Texts That E-Commerce Websites Must Contain
E-commerce websites are required under the legal framework to contain certain texts. These texts govern the relationships between consumers, users, companies, buyers and sellers, and comprehensively address the rights and obligations of both parties. In essence, these legal documents have the nature of contracts and build trust in commercial relations.
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Legal Foundation of Environmental and Social Policies Moving Towards a Sustainable Future
In an era of increasing environmental concerns and focus on social responsibility, the legal framework surrounding environmental and social policies has become increasingly important.
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