India jurisdiction report: Liability of e-commerce service providers

The Indian B2C e-commerce market is growing exponentially and rapid digitisation is fuelling its further growth. Most e-commerce platforms in India are marketplaces and they have to deal with the menace of counterfeit or infringing products. This article examines the scope of liability of e-commerce service providers in case of sale of counterfeit goods through […]

N V SaisunderPartner - IPR, Media & Technology Law, Eshwars House of Corporate & IPR Laws

Financing the Commercialization: Corporate Partnerships

For many emerging technology firms financing is a hurdle to overcome. Development costs, requirement of the approval of the regulatory bodies and other activities required for the commercialization of the technology require substantial amounts of capital. Such requirements would result in the necessity of corporate partnerships that are beneficial to both partners. Researchand development partnerships […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law

Shareholders Agreement: Supplement or an Alternative for Tech Start-Ups?

Shareholders agreement (“SHA”) is widely used in business transactions that include share transfers by newly established firms. Contrary to their popularity, Turkish Law does not stipulate SHAs; they are considered as a private law contracts under Turkish Law. Contents of SHAs and articles of association of a company may be similar however there are various […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law

From Engineering to Mastering: Employee Stock Option Plans for Technology Firms

Employee stock option plans are both used in large corporations and small technology firms. Such options are especially beneficial to small firms as they lack the sufficient resources to pay competitive wages to their employees compared to bigger firms. Prevalently used by the firms located in USA, employee stock option plans made its debut in […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law

IP Centric Joint Ventures Head to Face Questions under Turkish Law

Joint ventures are commercial partnerships that are formed under a separate legal entity or by an agreement by two or more independent entities for the purpose of performing a specific work under the same objective. They are typically established when an entity’s resources are not enough to fund the ventures by itself and need to […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law

Playing By the Rules: establishing effective DLT communities

What is a distributed ledger? Distributed ledger technology (DLT) continues to enable the explosion of crypto-currencies, that we have seen over the last few years. As well as being the driving force behind Bitcoin, it has many other applications that make it useful and relevant to businesses in a range of industries. A distributed ledger […]

Katherine EvansSenior Partner, Mirkwood Evans Vincent

A Glance to Privacy Matters in Turkey in February 2019

In this report, our firm have gathered the recent decisions, notifications, announcements and guidelines issued by Turkey’s Data Protection Authority (“Authority”) in February 2019. A Cyber Attack Hits Turkey’s Auto-Leasing Industry Between January 31, 2019 and February 20, 2019, Turkey’s six automobile leasing and rent-a-car companies notified Turkey’s Data Protection Authority (“Authority”) that personal data […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law

The Best Corporate Structure for Technology Firms in Turkey: Does it Really Exist?

Young technology firms are generally in need of capital to fund their research and development projects. It creates an additional area of competition; firms both compete on the basis of the ideas they have and also compete for the capital, or in other words, funding. Since every company’s capital structure, shareholders and industry they operate […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law

Public Offerings and Corporate Governance in Turkish Defense Industry

Defense industry in Turkey has received significant attention from both the government and the public itself due to developments in Turkey’s foreign policy and the Middle East. With their research development activities and their export potentials, defense companies have a prominent role in Turkish economy and will continue to do so. With their unique position […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law

Crowdfunding in Turkey

The first legislation concerning crowdfunding came into force with an amendment dated December 5 2017 to Capital Markets Law numbered 6362 and dated 30 December 2012 (“Capital Markets Law”). With this amendment, equity crowdfunding made its debut in the legislation in Turkey. Thanks to this amendment in Capital Markets Law, an additional new method of […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law

Turkey’s Data Protection Authority Ruled Principles on Direct Marketing

Turkeys Personal Data Protection Authority reminds the importance of data and explicit consent once again with its recent ruling. The ruling is parallel with international data protection laws such as GDPR which also bans direct marketing to individuals without their explicit consent.  In accordance with the provisions of the Law on the Protection of Personal […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law

Just Cause Dissolution of the Limited Liability Companies in Turkey

Turkish Commercial Code dated 13.01.2011 numbered 6102 (“TCC”) grants shareholders to apply to the court to dissolve the limited liability company on the grounds of just cause. This remedy is provided to shareholders of a limited liability company just like the joint stock companies. However, the main difference is that this remedy is only provided […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law