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Turkey

Law No. 1086 on Civil Procedure

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Turkey

Year of current version:2008
Date of entry into force of original text:August 18, 1927
Date of Text (Enacted):June 18, 1927
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Enforcement of IP and Related Laws
Notes:
The notification by Turkey to the WTO under article 63.2 of TRIPS states:
'The Act deals with the administration of justice and the procedural aspects of substantive law in various legislation including copyright and industrial property legislation.
It contains provisions regarding the commencement of an action, burden of proof and means of proof, types of evidence, injunctions, rendition of judgements and appeal are among the procedural issues under the Act.
Article 104/2: Local jurisdiction for interim orders before the main action may be claimed in the venue which will provide the judgement to be taken less costly and more expeditiously.
Articles 39 and 59: Representation of the parties either by their bodies (in case of legal persons) or by their lawyers.
Article 213: Absence in the hearing without an acceptable excuse prevents the absentee from rejection of the transactions initiated during the hearing. Nevertheless, there are no mandatory requirements for personal appearances before the court since a written procedure applies. The judge applies the above-mentioned Article to order the parties to appear in person for listening to them regarding facts of the case.
Articles 413-426 and 423/5: The losing party must pay the cost which includes attorney's fee.
Article 110: The plaintiff may be asked to pay a security to meet the likely damage to the defendant.
Article 422: In case of a bad intention in bringing an action, the plaintiff may be imposed an administrative fine by the Court.
Article 105: Where there is an imminent situation which requires the protection of the plaintiff's interest at once, the court may order provisional measures inaudita altera parte.
Article 109: Where the provisional ruling taken before the action on the merit of the case, the main action on the merit of the case should be brought in 10 days from that ruling in order to prevent losing its effect.
Article 113/2: The person who prevents the execution of the ruling on provisional measures shall be given imprisonment from 1 month to 6 months.'
Available Texts: 
Turkish

1086 sayılı Hukuk Usulu Muhakemeleri Kanunu 1086 sayılı Hukuk Usulu Muhakemeleri Kanunu, Complete document (pdf) [570 KB]

Related Legislation:
WIPO Lex No.:TR027

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