Mediation as an Alternative Dispute Resolution in Intellectual Property Disputes in Turkey and Russian Federation
Küçük Resim Yok
Tarih
2022
Dergi Başlığı
Dergi ISSN
Cilt Başlığı
Yayıncı
Springer International Publishing
Erişim Hakkı
info:eu-repo/semantics/closedAccess
Özet
The mediation method, an alternative dispute resolution method, is becoming more attractive in Turkish law every day. With the article added to the Turkish Commercial Code of numbered 6102 compulsory mediation was introduced in some commercial cases, and therefore, due to the commercial nature of intellectual property disputes, compulsory mediation was introduced in pecuniary claims and compensation cases. Considering that intellectual property disputes are one of the most suitable disputes with the mediation method, it will be appropriate to include cases of infringement and determination within the scope of the compulsory mediation method in the field of intellectual property. Recently, with the decision of the Court of Cassation, mediation has been blocked as an alternative dispute resolution in the field of intellectual property. We hope that the Court of Cassation will abandon its case law that compulsory mediation should not be applied if the cases are piled up in intellectual property cases.
Açıklama
Anahtar Kelimeler
Alternative dispute resolution; Court of cassation; Intellectual property; Mandatory mediation; Non-legal mediator
Kaynak
Geo-Economy of the Future: Sustainable Agriculture and Alternative Energy: Volume II.
WoS Q Değeri
Scopus Q Değeri
N/A
Cilt
2
