Resolution of IP disputes in Turkey: emerging trends of mandatory mediation and specialized courts for IP disputes

Abstract Resolving IP disputes is a critical challenge within the intricate framework of global business and innovation. Turkey, amidst its evolving legal landscape, has shown considerable attention towards efficiently managing disputes linked to IP rights. Notably, Turkey has significantly transformed its approach to handling these issues by introducing specialized IP courts and embracing mandatory mediation as a resolution method. The adoption of mandatory mediation in Turkey marks a notable departure from traditional litigation approaches, aiming to expedite disputes and resolve them in a cost-effective manner. Additionally, the establishment of dedicated IP courts signals a deliberate shift towards adjudication grounded in specialized knowledge tailored to address the intricate nuances of IP conflicts. This article seeks to delve into the burgeoning trends and evolving practices surrounding IP courts and mandatory mediation to resolve IP disputes within the Turkish jurisdiction. By examining the historical foundations, legislative developments and practical applications of mandatory mediation in the context of IP disputes, this study aims to provide an insightful evaluation of the efficacy and feasibility of these mechanisms while exploring their implications for stakeholders.

Authors

Publication Details

Journal
Journal of Intellectual Property Law & Practice
Published
2024-11-05
DOI
https://doi.org/10.1093/jiplp/jpae084
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Resolution of IP disputes in Turkey: emerging trends of mandatory mediation and specialized courts for IP disputes

Serkan Kaya, Muhammed Furkan Akıncı, Emrullah Kervankıran
Journal of Intellectual Property Law & Practice
International Arbitration and Investment Law
article

Resolution of IP disputes in Turkey: emerging trends of mandatory mediation and specialized courts for IP disputes

Serkan Kaya, Muhammed Furkan Akıncı, Emrullah Kervankıran
article en

Abstract

Abstract Resolving IP disputes is a critical challenge within the intricate framework of global business and innovation. Turkey, amidst its evolving legal landscape, has shown considerable attention towards efficiently managing disputes linked to IP rights. Notably, Turkey has significantly transformed its approach to handling these issues by introducing specialized IP courts and embracing mandatory mediation as a resolution method. The adoption of mandatory mediation in Turkey marks a notable departure from traditional litigation approaches, aiming to expedite disputes and resolve them in a cost-effective manner. Additionally, the establishment of dedicated IP courts signals a deliberate shift towards adjudication grounded in specialized knowledge tailored to address the intricate nuances of IP conflicts. This article seeks to delve into the burgeoning trends and evolving practices surrounding IP courts and mandatory mediation to resolve IP disputes within the Turkish jurisdiction. By examining the historical foundations, legislative developments and practical applications of mandatory mediation in the context of IP disputes, this study aims to provide an insightful evaluation of the efficacy and feasibility of these mechanisms while exploring their implications for stakeholders.

Journal of Intellectual Property Law & PracticeVol. 19(12)
Openalex Percentile: Top 66%
International Arbitration and Investment Law
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Resolution of IP disputes in Turkey: emerging trends of mandatory mediation and specialized courts for IP disputes — Serkan Kaya, Muhammed Furkan Akıncı, et al. · Journal of Intellectual Property Law & Practice (2024) | TGRS Research Map | TGRS