KILIÇ & Partners International Law Firm can offer expert advice & knowledge gained from assisting companies with the enforcement of their Intellectual property within Turkey, at national and international level. Our knowledgeable team are focused on helping our corporate clients with all aspects of Intellectual Property Law, including patents and patent settlement agreements, copyright, trade marks, designs and databases, trade secrets, information technology and domain names, performing rights, collective licensing, data protection and privacy. We have a multilingual International team of lawyers, able to act on your behalf when required.
The Legal Services & Risk Management Services we provide:
Proper use and protection of IP rights/copyrights, patents, trademarks, trade secrets etc.;
Registration of trademarks at national and international level;
Acquisition and restructuring of IP rights in the context of M&A transactions;
IP related litigation (patent infringement procedures in courts; enforcement of IP rights);
Preparation of various IP related agreements (IP license agreement, distribution agreement, confidentiality agreement, transfer agreement, software development agreement, etc.); and
Assessment of IP related agreements in the light of competition laws and regulations (particularly in the pharmaceutical sector).
For more Information on Intellectual Property Law, please consult a member of our International Legal Teams
e-Commerce & e-Business
KILIÇ & Partners Law Firm Istanbul have an experienced team operating in the legal practice areas associated with e-Commerce and e-Business legislation issues, particularly within Turkey, where strict regulations do not allow the companies to conduct online business in the same manner as in other jurisdictions. The internet control and related rules (our clients have to adhere to) have become an important aspect of any business, particularly when it comes to commercial contracts and enforcement of Intellectual Property rights within Turkey.
E-Commerce has become an increasingly important issue and our clients understand that they require legal guidance and advice on conducting their online business activities in a jurisdiction with such strict legislation on Internet.
The KILIÇ & Partners Team deal with various issues in relation to operating an online business, including the complicated aspects of international telecommunications law, tax and trade rules. We have successfully advised leading companies on their e-Commerce business operations, privacy and data protection, including consumer protection, digital signature, custom and duties, ecommerce contracts and orders, electronic commercial communications etc.
Some Recent Developments and information for the media, communications and e-commerce sectors
Some of the Legal Aspects to ecommerce in Turkey
1. Privacy and Data Protection
The Law on the Protection of Personal Data in Turkey, partially entered into effect and was officially published on April 7th 2016. The Data Protection Law adopts a broadly European model for data protection and helps clarify key aspects of the regulation of personal data under Turkish law. It is an important introduction as no formal or clarified Data Protection Law had existed previously. The Law will affect any company that conducts business in Turkey or collects the personal data of customers, employees, or other individuals located in Turkey.
2. Consumer Protection
Consumer protection issues are governed by the Law No 4077 on Consumer Protection, which contains provisions directly related to e-commerce, e.g. distance contracts, right of withdrawal, defective goods, user manuals, and warranty certificates.
3. Digital Signatures and Authentication
Law of the Electronic Signature 2004 defines electronic signature as “data in electronic form that are attached to other electronic data or linked logically to that electronic data and used for authentication.”
A secure electronic signature is defined as a signature that is exclusively assigned to the signature owner, generated with the Secure Electronic Signature Creation Device which is kept under the sole control of the signature owner.
Identification of the signature owner is based on the Qualified Electronic Certificate. It enables to identify whether the signed electronic data has been altered or not following the signature
4. Custom and Duties
Custom issues are governed by the Turkish Customs Law No 4458 and secondary regulations. Custom duties may apply for goods entering Turkey from foreign jurisdictions via e-commerce. Goods personal usage valued below EUR 75 are exempt from customs duty. However, customs authorities are entitled to open packages going through the customs and check the goods inside the package to see whether the goods have been purchased for personal use and whether the price of the goods is below EUR 75.
The KILIÇ & Partners legal team are always here to assist you with any issue that arises in relation to your e-commerce business and the application of e-commerce law, including privacy and data protection, consumer protection, digital signature, custom and duties, electronic contracting, electronic commercial communications and intellectual property
For more Information on e-Commerce in Turkey, please consult a member of our International Legal Teams