Simplification of Procedures for Acquirement of Turkish Citizenship

September 27, 2018

With the “Regulation on the Amendment of the Regulation on the Implementation of the Turkish Citizenship Law” (“Amendment Regulation”),published in the Official Gazette on 18.09.2018, a number of regulations have been introduced and the relevant procedures have been facilitated for foreigners to acquire Turkish citizenship. In accordance with the Amendment Regulation, there have been some alterations to the Regulation on the Implementation of the Turkish Citizenship Law (“Implementing Regulation”) Article 20, entitled “Acquisition of Turkish citizenship, necessary documents and procedures”. According to the amended provision, the amount of capital investment required to acquire Turkish citizenship has been reduced and the number of people who need to be employed has been reduced. Briefly speaking, the exceptional acquisition of Turkish citizenship is regulated in Article 12 of the Turkish Citizenship Law and concerns the status of citizenship for persons who do not have the right to acquire Turkish Citizenship on the basis of birth or paternity principle. According to the related article; Persons who: establish industrial facilities in Turkey; have provided or are thought to provide an extraordinary service in scientific, technological, economic, social, sportive, cultural or artistic fields; on the condition that the competent Ministry has put forward a justified offer for them; despite not working in Turkey, will invest in accordance with the rules (scope and amount) which will be determined by the President; or persons who have received resident permits as their foreign spouse, the minor or dependent foreign child; Turkuaz Card holders and their foreign spouse, the minor or dependent foreign child; are considered mandatory to be accepted to citizenship; are considered as immigrants may acquire Turkish citizenship by the decision of the Council of Ministers (President’s decision, according the Amendment Regulation) provided that they do not face an obstacle in terms of national security and public order. The conditions required for foreigners to apply in order to acquire Turkish citizenship are regulated In Article 20 of the Implementing Regulation, and some capital conditions are required to be provided and proved. With the Amendment Regulation dated 18.09.2018, which was issued to amend this article of the Implementing Regulation, the previously determined capital amounts were reduced. To sum up the conditions that make it possible to benefit from the exception and the amendments that are brought to these conditions with the Amendment Regulation, we may emphasize that: Previously, the Ministry’s proposal and the decision of the Council of Ministers for the acquisition of citizenship within the scope of the exemption would be required; with the amendment, the Turkish citizenship may be granted, under the same exception, citizenship shall be granted with the decision of the President. One of the conditions for the acquisition of Turkish citizenship under the exception is to have a certain amount of fixed capital investment. In accordance with the Amendment Regulation, minimum fixed capital investment amount of $2.000.000 has been reduced to $500.000 and The Ministry of Industry and Technology has been appointed to replace the Ministry of Economy as the competent authority who will determine the abovementioned amount. Another exception for the acquisition of Turkish citizenship is the purchase of an entailed real estate. […]

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Illegalization of Foreign Currency As a Way of Protection of the Turkish Currency Value

September 23, 2018

The Decision 85 of President (‘’Decision’’) is published by Presidency of Republic of Turkey on the date of 13.09.2018 for the purpose of protection of the Turkish currency’s value. As a result, setting the contract value in foreign currency or indexed to foreign currency has been rendered against the law. The Decision is applicable for some specific type of of contracts and it only applies where both parties are residents in Turkey. According to the Decision, the Ministry of Treasury and Finance has the authority to make exceptions to this rule. With regard to the current contracts that contain prices in foreign currency or indexed to foreign currency, the contracting parties have to amend the price and agree on a new value set with the Turkish Lira. The Decision comprises: Contracts of bargain or sale for chattels or real estates, Leases of chattels or real estates without any exception for car rental and financial leasing, Contracts of leasing, Labor contracts, Service contracts and Contracts ofconstruction In the decision, there is only one criteria related to the contracting parties; the Decision is applicable only if the parties are residents in Turkey. According to the Turkish Civil Code, a real person’s residenceis the place in which he/she is settled in with the intention to stay permanently. A legal person’s (entities)residence is the place from where the business is managed (e.g. head office), if there is no other provision in the company’s certificate of incorporation. Concerning the price, there is no mention of a specific currency (USD, Euro, etc.) and the ban is applicable for all types of foreign currency and all values that are indexed to any foreign currency. Besides, contract values (e.g. service prices, leasing prices, commitment prices) and the other payment obligations arising from the contracts (e.g. conventional penalties, security prices, deposits) are under the scope of this ban. As a result of this decision, the future contracts that are under the scope of the decision and the relevant contracts which are signed before the effective date of the Decision have to be determined or revalued in Turkish Lira within 30 days from the effective date of the Decision. On the other hand, regarding the due debts -set in foreign currencies- which arise from the abovementioned type of contracts; it is generally accepted that the value can not be changed to Turkish Lira if such due debt has become a matter of dispute. In cases where the due debt is not disputed, such amendment shall be made in accordance with the Decision. In the Decision, there is not any criteria related to the revaluation of prices for the previously signed or any specified exchange rate for denomination to Turkish liras. The parties are required to determine a new price in Turkish Lira with their free wills, as a conclusion of the negotiations. Furthermore, there is no regulation regarding the consequence of a fruitless negotiation. (i.e. the case where the parties fail to come to an understanding with regard to revaluation) However, it is common opinion that in such cases, the Parties can request the determination of a new price by […]

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E-Commerce’s Effects on Trademark and Stakeholders

September 11, 2018

INTRODUCTION Changes in the recent years in the intellectual property law can be seen due to the improvements in e-commerce and internet in various aspects. One can also mention that intellectual property law is a complicated one when compared with the different areas of law. The reasons can be stated by pointing out the abstractness of the particular area of law and difficulties in identifying the intellectual property rights infringements. The developments did not only bring new aspects and discussions to the legal world but also put the companies and individuals into a situation which is totally tough to cope with. Huge corporations are already affected by the growth of online commerce, yet small or medium-sized establishments have taken a major hit compared to the big ones since it is harder for them to be aware of the issues created by the rise of e-commerce. In this sense, they need to make an effort to sort out the problems in order to use the most of their budget for advertising or expanding their business. On the other hand, small or medium-sized producers may not even know that their intellectual property rights are infringed in some part of the world. Problems of similar topic for the biggest establishments can be seen in the situation of feeling not safe even though everything is done to prevent infringements. This questioning is a big part of this article since the cases examined are related to eBay and its trade mark infringements; such as Rolex v eBay caseand Louis Vuitton Malletier v eBay case, Tiffany v eBay case. eBay is not the only company in the e-commerce area and will not ever be since there are already Amazon, Alibaba, Taobao and many of them. It appears that before the mutual trust is obtained in several specific intellectual property areas, it is shaken again due to the developments in technology. Furthermore, specific infringements in online commerce include dissimilar type of illegal acts, and selling counterfeit goods,sales of parallel import goods and infringement of trade mark contracts, keyword ad triggering, search engine problems, meta tags, cybersquatting and domain and Internet Service Providers (ISP) problems can be given as some examples to that issue.[1] As can be seen, the area of trade mark infringements in online commerce and stakeholders’ damages is quite a broad area, and hardships in the enforceability of their rights make it wider. In this article, a brief background for the purpose of trade mark rights, the definition of counterfeiting and cases against eBay in different jurisdictions, France, the USA and Germany, are investigated in order to demonstrate intellectual property right holders’ damages. 2. PURPOSE OF TRADE MARK RIGHTS In this part, the aim of the specific intellectual property right is analysed because of that it is crucial to understand why it is being used currently all over the World and it creates the grounds of this work. Although the first thing comes up minds when a trade mark is mentioned is the protection of stakeholders’ rights, it can be seen with the changes in business and principles of advertising that the main objective of […]

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