logosticky-logologologo
  • Overview
    • Our Values
      • As we navigate the oceans with our clients, we take pride to be innovative and at the same time remain strongly attached to our core values.
    • Our Competencies
      • Since 1996, we have been providing value-added services to our customers via our offices in Turkey and across the world through our qualified experts as well as innovative business models and cutting-edge digital solutions.
    • Our Board of Directors
      • With our experienced and dedicated senior staff and teams, we aspire to be beneficial to the society and we want to create sustainable added value.
    • Our Journey
      • In 1996, we set sail on a small boat. Today, we are navigating the ocean with the goal of creating sustainable added value on a global scale while sticking firmly to our core values.
  • Our Solutions
    • COMPLIANCE
      • Tax-Audit
      • Legislation- Risk and Process Management
      • Technical Payroll and Personnel Incentive Solutions
      • Financial Consultancy and Accounting Solutions
      • Patent Applications and Process Management
    • Consultancys
      • Tax Consultancy
      • Legislation and Risk Management Consultancy
      • R&D and Innovation Management
      • National & International Fund Resources Management
      • Patent Valuation and Commercialization
      • M&A and Corporate Finance Consultancy
    • Globalization
      • Localization
      • Market Research Report
      • Business Development
      • Incentives and Grants for Turkey and Target Countries
      • M&A (Mergers and Acquisitions)
      • Global Health Sector Opportunities
    • Our Digital Solutions
      • Online Consulting
      • eDanışman
      • Argera
      • Arge Finans
      • Advantage Compass
      • Ask About R & D
      • SİBA
      • Wecover
  • Library
    • Training and Events
    • V-Blog
    • Guidelines
    • Newsletter
    • Articles
  • Career
    • Our HR Strategy
    • Become a Team Member
  • Contact Us
  • Online Payment
  • Dil
    • TR
    • EN
AMENDMENTS PROVIDED BY LAW NO. 7244 PUBLISHED WITHIN THE SCOPE OF COVID-19 PANDEMIC
25 June 2020
PATENT BOX REGIME IN TURKEY
25 June 2020
25 June 2020

The global outbreak of COVID-19 which has been declared a pandemic by the World Health Organization has forced countries to take extraordinary measures in all aspects of life.

Law No.7226 on Amendment of Certain Laws has been enacted and published in the Official Gazette on March 26th, 2020 in Turkey with the aim to prevent loss of rights due to the pandemic in judicial and administrative procedures.

According to Law No.7226:

  • Deadlines concerning the establishment, use and loss of any rights including those envisaged for filing a lawsuit, initiating enforcement proceedings, application, opposition, notice, submission, the statute of limitation periods, time bars and mandatory administrative application periods, together with all periods regulated under Administrative Procedure Code numbered 2577, Criminal Procedure Code numbered 5271, Civil Procedure Code numbered 6100 and other codes with provisions concerning procedural law, time periods determined by judges and lastly periods for mediation and conciliation have been suspended as of March 13th, 2020 to April 30th, 2020” and any time periods that were suspended will resume running from the day after last day of the suspension period.
  • Judicial periods regulated under Bankruptcy and Enforcement Law numbered 2004 along with those regulated under other laws with provisions concerning enforcement proceedings and within this scope, time periods determined by judges or enforcement and bankruptcy offices, all bankruptcy and enforcement proceedings except the enforcement proceedings of allowances given as per family law, enforcement transactions including enforcement transactions of the parties, receiving new requests to issue bankruptcy and enforcement proceedings, bankruptcy and enforcement proceedings regarding the provisional attachment orders have been suspended as of March 22th, 2020 to April 30th, 2020” and any time periods that were suspended will resume running from the day after last day of the suspension period.

Within the framework of the law, the stated suspension periods may be extended in the future for 6 months at the most, if necessary. Furthermore, there will be an additional 15 days of extension, if any of the deadlines are to expire in or less than 15 days as of the beginning date of the suspension period.

Moreover, the statute of limitation periods for crimes and punishments, misdemeanors, administrative sanctions along with disciplinary imprisonments and preventive detention, judicial periods regulated under Criminal Procedure Code numbered 5271 for precautionary measures and judicial periods regulated under Civil Procedure Code numbered 6100 for additional proceedings related to the interim injunction, as well as enforcement proceedings of allowances given as per family law regulated under Bankruptcy and Enforcement Law numbered 2004, have not been suspended since they have been explicitly excluded from the scope of the Law.

Within the scope of the Bankruptcy and Enforcement Law numbered 2004 and other laws with provisions concerning enforcement proceedings;

  • If the sale date of asset or right which was announced by the enforcement and bankruptcy offices falls within the suspension period, “without a need of a request” the enforcement and bankruptcy offices will determine and announce a new date for the sale of the asset or right after the end of the abovementioned suspension period. The announcement will be made electronically and free of charge.
  • It is allowed to make payments within the suspension period and parties can request an action that would be considered to be in line with the counter party’s interests.
  • During the suspension period, the outcome of the concordatum procedures keeps affecting the creditor and debtor.
  • Within this period, all the necessary precautions regarding the enforcement and bankruptcy proceedings will be taken.

Last but not least, the Board of Presidents, Council of Judges and Prosecutors and Ministry of Justice have been authorized to determine the measures to be taken including the postponement of hearings and negotiations, as well as related procedures and principles. Accordingly, on March 30th, 2020, the Council of Judges and Prosecutors has issued a General Assembly Decision on adjourning primarily all hearings, investigations, negotiations at the judicial and administrative first instance and appeal proceedings, except for the ones regarding detention (only for the evaluation of the detention), urgent matters, investigation and prosecution cases that are subject to a close term of limitation, suspension of execution and the other actions and matters that have priority, after April 30th, 2020 (including that day). The Council also ordered to have hearings related to the determination of imprisonment, to be conducted online.

Finally, whether there is an explicit rule for the arbitration proceedings, the parties, together with the arbitral tribunals, may amicably settle on the suspension of the proceedings for a certain period.

While Turkey does not imply a total lockdown, these kinds of official measures which eliminate the necessity to go out will clearly support the combat with COVID-19 pandemic.

Share

Related posts

10 June 2020

KİŞİSEL VERİLERİ HUKUKA UYGUN ŞEKİLDE YURT DIŞINA AKTARABİLMEK NE KADAR MÜMKÜNDÜR?


Read more
10 June 2020

BİYOMETRİK VERİ İŞLEME FAALİYETLERİNDE YASAL UYUM


Read more
10 June 2020

TİCARİ ELEKTRONİK İLETİLERDE YENİ DÖNEM: İLETİ YÖNETİM SİSTEMİ


Read more

Related Links    Privacy Policy    Protection of Personal Data    Legal    Contact Us

© 2020 SG. All Rights Reserved. by EY08
This website uses cookies to improve your experience, but you can disable it if you wish.Privacy PolicyACCEPT
Privacy Policy & GDPR

Çerezlere Genel Bakış

This website uses cookies to improve your experience while browsing the website. Of these cookies, cookies that are categorized as necessary are stored in your browser as they are necessary for the basic functions of the website to work. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your permission. You also have the option to disable these cookies. However, disabling some of these cookies may affect your browsing experience.
Necessary
Always Enabled

The necessary cookies are absolutely necessary for the website to function properly. This category only includes cookies that provide the basic functions and security features of the website. These cookies do not store any personal information.

Non-necessary

Cookies that are not particularly necessary for web-based work, and especially analysis, advertisements, rechargeable embedded content are used. You must obtain the necessary consent before operating these cookies on your website.