. Work Fields

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Intellectual and Industrial Property Rights Law

The purpose of the 5846 numbered Intellectual and Industrial Property Rights Law which aims to protect intellectual products in general is to define the art works of literature, music, art, architecture, photograph and movie and besides pc programs the intellectual products and artworks processed, adopted and generated from these artworks and the relationships between the artwork owners who produce these artworks and people who process, copy, distribute, present to public or people who use or benefit from these for commercial use for any reason, performers, producers and radio-television companies, to determine moral and financial rights and find out the enforcement for use against bases and procedures foreseen in the law about these artworks

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Trademark and Patent Law

The purpose of the 5846 numbered Intellectual and Industrial Property Rights Law which aims to protect intellectual products in general is to define the art works of literature, music, art, architecture, photograph and movie and besides pc programs the intellectual products and artworks processed, adopted and generated from these artworks and the relationships between the artwork owners who produce these artworks and people who process, copy, distribute, present to public or people who use or benefit from these for commercial use for any reason, performers, producers and radio-television companies, to determine moral and financial rights and find out the enforcement for use against bases and procedures foreseen in the law about these artworks.

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Commercial Law

It is a sub section that consists of all the regulations about the commercial of Law. It regulates the commercial relations between people and companies. Provisions are combined together fundamentally in Turkish Commercial Law (6762 numbered law at 1956). Also the laws of Capital Market Law, Bank Cards and Credit Cards are amongst Commercial Law.

The most important subjects of Turkish Commercial Law are the regulations about corporations and limited companies, unfair competition and legal instruments (bond, cheques, notes etc.) Besides these major subject topics, traders, commercial institutions, commercial registration, commercial name, commercial books, running accounts, commercial brokerage, franchising and related regulations are in the scope of Commercial Law. Road Transportation, Maritime Law and Insurance Law (except social security) are other commercial law subjects.

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Obligations Law

Obligations law regulates and investigates the obligations relations that fall in to private law section. As can be understood from its definition, obligations law is a private law section and thus it is a discipline where every kind of law relations named obligatory between people and entities are observed. The definition of contract, its generation, validity conditions, types and kinds, partial or full nullity because of mistakes, cheatings, lesion, collusion or coercion and also mandate, representation, bail, warranty, discharge of debt, discharge time, place, timeless discharges, and obstinacy subjects are regulated. In Obligations Law also responsibility arising from unfair action and incomplete and complete discharge of a debt is regulated.

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Civil Code

Civil Code is the name given to law section which regulates the direct or indirect private relations between people or in a definite measure between people and government from their birth till their death.

Civil Code is divided into major parts as law of persons which regulates capacity to act and mental capacity, majority, protection of personality, absence, birth, birth registration and log, as Family Law which regulates conditions and provisions of engagement, marriage and divorce, marital property rights, kinship, authority, trusteeship and inheritance law and Law of Property which handles possession of real-estate and movables or possession, mutual or collective ownership, occupation, gaining property with positive prescription, tenancy, elevation, access, pre-emption, right of construction, hypothec, pledge, transfer, publicizing, condemnation and title registration and as Obligations Law. Association and endowment law are also regulated in Civil Law.

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Business Law

Business Law is a law section which covers the subjects related to labor rights, working conditions, labor prices, labor unions and subjects related to employer and employee.

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Energy Law

Since Energy Law is a newly developing field in Turkey and most of the Power Plant owning companies gain their first experience with Hydroelectric License present in Turkey and hydroelectric power plant construction, they face a lot of difficulties starting from the tracing of procedures about obtaining the license of hydro-electrical power plant to complex relations with the land owners being in the first place where the power plant is going to be constructed and with the public of the local area of the power plant before the public institutions during the long and difficult period till the power plant is put to operation. Since most of these problems were easily be solved if the necessary precautions and steps have been taken and right communication channels would have been chosen timely but due to lack of experience of the personnel in key points and law consultants the delay in solving problems causes the problems to dramatically increase and at last bring the situation to an unsolvable point. Unfortunately, so many energy companies experienced that a problem which can easily be solved with a right detection and response causes an enormous increase in power plant costs after some key stages. Thus in power plant projects with big budget it is not enough to work with a law office which has only theoretical knowledge. In hydroelectric power plant projects which have their unique conditions and problems, it is vital to work with a law office which gained licensing of hydro-electrical power plant and power plant construction experience on site for the reasons mentioned above. To foresee the legal problems that can occur during licensing and construction process of a power plant and to take necessary precautions before it becomes to late, it is again vital to have given legal consultancy for a hydroelectric power plant simply to have experience in this field. It is very important to keep track of license procedures of hydro-electrical power plant before Energy Market Regulatory Authority (EPDK) and other official institutions, conducting contract meetings with the construction and sub-contractor companies and preparing the contract at a necessary and adequate level according to requests and needs of the client, establishing good relations with land owners of the place being in the first place where the power plant is going to be constructed and with EPDK and local public institutions and establishing dialogs over mutual understanding, making necessary negotiations and pre-interviews with the land owners which need condemnation and start negotiations with the land owners in a good position after starting and completing condemnation or fast condemnation procedures if agreement can not be established with the land owners in a short time like one or two days and sustaining continuity of the construction of power plant without interruption. At this point, due to giving law consultancy services to companies owning hydro-electrical power plants, Ömer Durak Law Office is very assertive about having the sufficient experience with the reference it has from its clients. Our law office do not show sufficient theoretical knowledge in energy law field at this point but the unique experience gained with the consultancy and advocacy services it gave directly in power plant areas that its clients own for years.

Media - Press Law

The word media which is settled in Turkish coming from the languages English and French, is a notion which is used frequently in the last few years .It covers all the press and the communication tools including periodical press tools such as newspapers, journals and non-periodical press tools such as books and similar published written works, radio and television broadcast products. Media-Press Law has a very important and a very large role in this sector developing under the notion of media, in terms of commercial activities of companies , press workers' legal status and abuses done via press. As an example, newspaper workers, profession of journalism and media workers are facing great social and economic difficulties. About the journalists' working conditions in our country and all around the world, it is seen that they are forced to work under great pressure. A rapid increase is observed in the number of crimes committed and attacks on individual rights via media with each passing year. In addition, the legal relations between the film-makers, advertisers and media companies have an intricate structure. Omer Durak Law Office offers all kinds of legal services in terms of Media-Press Law.

Real Estate Law

Real Estate Law which is an important part of the Property Law has the majority of the conflicts regarding the Property Law in Turkey. Real Estate Law is quite large and difficult section of Law having a lot of exceptions and details. Those who act without legal consultancy in this area may be a cause for serious problems in the future as they face many challenges. In addition, the right to acquire real estate by foreigners is becoming complex in Turkey's legislation.
Our office offers all kinds of legal services in terms of real estate law. Our services in this area appeal a lot of scopes such as prevention trials for confiscation of property, prevention trials for prevention of expropriation proceedings, mesne profit trials, trials arising from mortgage disputes, quick expropriation proceedings, and eviction proceedings.

International Mercantile Law

International Mercantile Law which is as old as the trade history became an integral part and compulsory element of the trade in the last century with the development of technology. Definitely, the international trade rules are rapidly changing and evolving depending on the changes and developments in technology and commercial customs. Merchants, who can't keep up this pace, are pushed out of the trade life by staying behind the time. Our office is offering all kinds of legal services to our clients in this quickly changing and developing branch of the law. Our services in this area appeal a lot of scopes such as, cases arising from customs procedures, trials for prevention of unfair competition in import process, international arbitration proceedings, establishment and the liquidation of the companies, and litigations arising from international commercial contracts.

International Law has an important role especially in terms of resolution of disputes faced by the foreigners and foreign companies in Turkey and by Turkish citizens and companies in foreign countries.
Issues such as what kind of way should be followed for solving the legal problems of individuals and the companies, which countries' law should be enforced, the execution and recognition of foreign court decisions in Turkey are aspects of international law. We have been serving our clients in these areas within the contracts have been signed by our country with other countries.

Competition Law

Competition law consists of arrangements providing a balanced and uniform implementation of the competitive system in free market economy. The purpose of competition law is to ensure the protection of competition by preventing the competition distorting, abusing or restricting agreements, decisions, practices and dominant enterprises from using their dominance for abuses by making the necessary regulations and audits.

Parallel to the developments in the economy and the advertising sector, competition law in recent years appears to be very current and controversial area. Ömer Durak Law Office, offers all kinds of legal services in terms of competition law.

Our services in this area cover the issues such as cases of pecuniary and non-pecuniary damages caused by unfair competition, trials for detection of violation of competition, exemption applications.

Mergers and Acquisitions

Merger and acquisition tradition is fairly new in Turkish Company life. Our company provides a variety of services to the domestic and foreign investors about company acquisitions and mergers. Doing the legal investigations about the legal entities related to the transactions, preparation and enforcement of the contracts, corporate decisions, assembly operations; applications which should be done to the competition board and relative administrative authorities; intending the tax and financing structures for the planned targets can be listed as a few of our Law Office's services.

Law of Contracts

Our Law Office provides services as preparation of any kind of contracts including credit contracts, real estate purchase and sale agreements, corporate partnerships, contracts for mergers and acquisitions, leasing, know-how, contracts for asset and liability configurations, joint - venture contracts, company establishment contracts in accordance with the protection of our clients' rights.

Building Laws

In construction business issues, we offer to our clients legal services required in complex real estate investments in addition to the settlements of all kinds of disputes related to the outsourcing and sub-contractors.

Criminal Law

In the field of criminal law, our company provides services such as seeking justice in accordance with the re-adapted legislations and the constitution, criminal complaints against the presence of victimization, the right of defense, arrest, internment and deposition, being represented at the suits of criminal courts.
   



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