Turkey: Turkey introduces mandatory mediation for money-related IP disputes

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Turkey: Turkey introduces mandatory mediation for money-related IP disputes

Pursuant to the recent Code of Commencement of Execution Proceedings in Monetary Receivables Arising from Subscription Agreements (the Code) published in Official Gazette dated December 19 2018, mediation is now mandatory for commercial receivables claims. In line with Article 20 of the Code, Article 5/A is incorporated into the Turkish Commercial Code (TCC). This requires mediation for commercial receivables claims, in which compensation or payment of a certain amount is requested. Accordingly, mediation is a pre-condition of bringing a lawsuit before the courts. This recent development was implemented on January 1 2019.

Though the aforementioned Article 5/A does not clearly include IP-related disputes, according to Article 4/d of the TCC, civil suits regulated under IP-related codes are deemed as commercial where a request for compensation or payment of a certain amount is sought, for instance disputes arising from the price of licence agreements or transfer of IP rights and compensation due to IP right infringements etc.

Before mediation was stipulated as a pre-condition for commercial receivables claims, the Law on Labour Courts made mediation mandatory from January 1 2018 for labour disputes arising from an employment contract in which compensation or re-employment is sought. According to statistics shared by the Ministry of Justice, 65% of disputes were closed by mandatory mediation between January 2 2018 and May 27 2018. As a result of mandatory mediation introduced for commercial receivables actions from 2019, a notable reduction in commercial courts' workload is expected/hoped for as was achieved for labour disputes. It is also worth mentioning that mediation was first incorporated into the Turkish legal system as a discretionary alternative dispute resolution method in 2013 by Law no. 6325 on Mediation in Civil Disputes.

Though mediation is a relatively new concept for dispute resolution, it is possible to say that it has rapidly progressed in Turkey. Mediation offers parties a chance to reach an amicable solution by spending reasonable effort, time and cost and as a consequence was made mandatory first for labour and then commercial receivables actions, including some IP related-matters. However, still, in a certain number of cases it is considered a burdensome procedure that has to be completed before reaching the main stage – legal action.

In time, mediation might become mandatory for other types of IP disputes. Though it is expected that mandatory mediation will decrease the workload of IP courts, the impact of this new development cannot clearly be predicted, since it is conceptually new for Turkey where a culture of litigation dominates. We will wait and see what this brand new update brings to Turkish IP law.

alkan.jpg

Güldeniz

Doğan Alkan


Gün + PartnersKore Şehitleri Cad. 17Zincirlikuyu 34394İstanbul, TurkeyTel: + (90) (212) 354 00 00Fax: + (90) (212) 274 20 95gun@gun.av.trgun.av.tr

more from across site and SHARED ros bottom lb

More from across our site

UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
New timeline for 2026 aims to provide clearer guidance to firms and practitioners on the full jurisdictional market view
Attorneys contemplate whether clients using AI for legal guidance is beneficial to attorney-client relationships or more of a nuisance
Richard de Bodo, who had a lengthy career at international firms, shares how he will address client needs and praises the unique offerings of smaller firms
An Australian top court decision clarifying honest concurrent use and wins by publishers against AI platforms were also among the top talking points
Gift this article