Turkish Law

August 31, 2009 08:38 by haci

 

Turkish nationality law, is based primarily on the principle of jus sanguinis. Children who are born to a Turkish citizen mother and a Turkish citizen father in or outside of Turkey are Turkish citizens effective from birth. Though Male children born to Turkish parents overseas don't have to attend compulsory military service, as opposed to those born in the Republic of Turkey, to Turkish parents. The intention of renunciation of Turkish citizenship or acquisition of citizenship of another state, is submitted by a petition when in Turkey to the highest administrative official in the concerned person's place of residence and when overseas to the Turkish consulates. The documents processed by these authorities are forwarded to the Ministry of Interior for appropriate action.

The basics of the legal system in the Republic of Turkey are laid out in Articles 138 to 160 of the 1982 Constitution. Civilian and military jurisdiction is separated. While military courts usually only try military personnel they can also try civilians in times of martial law and in matters concerning military service.

Turkish copyright law is documented in the law number 5846 on Intellectual and Artistic Works (Turkish: Fikir ve Sanat Eserleri Kanunu).

Turkey is revising its intellectual property rights laws in order to align them with WIPO standards.[1] Turkey is a party to the Berne Convention, the Rome Convention and the TRIPS Agreement. Turkish copyright law was made compliant with these treaties after its 1995 and 2001 amendments.

LITIGATION

Office provides legal services on a consulting, litigation, representation, executing and contracting basis specialising on the events mentioned but not limited with below :

Practice Areas: Intellectual Property and Information Technology, Litigation, Unfair Competition, Counterfeit Law, Foreign Invesment, Civil & Commercial Law, Construction, Corporate Law, Energy and Utilies, Finance and Insurance law, Projects, Property, Tax Law, Taxation, Capital Markets, Mergers & Acquisitions, Bankruptcy, Business Law, Privatisation, Investments, European Community Law, Competition, Foreign Exchange, Communications & Media, Press Law, Franchises and Franchising, Property, Real Estate, Environmental Law, Consumer Law.

The partners of the firm (admitted in Turkey Patent andTrademark Office ) have high technical, special and legal education and wide experience of every day practice of Intellectual property protection. Practical area of the firm's activities have been including all actions of rights protection of trademarks, designs, and patent applications, copyrights, and legal services.

PATENTS

An applicant for a standard patent usually begins the patenting process by lodging a provisional application, followed within 12 months by a complete application. The provisional application is optional, but provides a relatively inexpensive procedure for initiating protection while assessing the commercial potential of an invention. In essence, it enables an applicant to disclose an invention and to gauge reaction in the marketplace without destroying the novelty of the invention. A provisional application lapses after twelve months, and to have continuing effect it must be associated with a complete application lodged before the end of this twelve month period. Thus, if at the end of the twelve month term an invention shows potential, the applicant can lodge a complete application covering the invention which effectively enjoys the priority date or filing date of the provisional application.

A complete application must be accompanied by a specification setting out the broad principles of the invention, and also must describe in some detail the best method of performing the invention known to the applicant at the time of filing the complete application. The complete specification also includes a set of claims defining the monopoly sought by the applicant.


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