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    A comparative legal view of the cause of litigation and scope of review of the appeal proceedings in Germany and in Turkey
    (Kluwer Law International, 2024) Ünal Kaya, Hilal
    In comparison to German law, appeals are still young in Turkey. In Turkey, the courts of appeal only began operating in 2016. There are significant differences between the Turkish and German appeal systems, particularly with regard to the scope of the search for the truth. The extent to which the Turkish and German appellate courts are authorized to review first-instance judgments and the point at which new facts should be admissible on appeal are key questions in this study. The German appellate system with its long history will help to answer these questions in Turkish law. © 2024 Kluwer Law International BV, The Netherlands.
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    Sınai mülkiyet uyuşmazlıklarında tahkim
    (Türk-Alman Üniversitesi Sosyal Bilimler Enstitüsü, 2024) Karayel, Süleyman Emre; Ünal Kaya, Hilal
    It is possible to benefit from the arbitration dispute resolution for the resolution of industrial property disputes. Interest in the dispute resolution of arbitration increases in the world with the accelerated globalization. There is no established headquarters or regulations that applies for all the industrial property disputes in the world and in Türkiye. Also, arbitration rules of the countries that implies in the process of resolution of industrial property disputes shows differences. However, on some of these rules, that are considered compulsory on dispute resolution, have a consensus. The most well -known of these rules is the arbitrability. Our study will evaluate the arbitrability of industrial property disputes. In the first chapter of our thesis, terms that are related to industrial property law and arbitration dispute resolution method will be explained. In this chapter, firstly, general information will be given on the historical process of industrial property law in purpose of explaining the development of industrial property law. Then, the varieties of industrial rights and the financial - moral rights arising from intellectual rights will be discussed. The terms that are related to arbitration will be included in the continuation of this chapter. First, general information will be given on the historical process of arbitration and then the types of arbitration will be defined. In this chapter of our thesis, a comparison of arbitration with other alternative dispute resolution methods will be made in the aim of explaining the arbitration dispute resolution method. For this purpose, the common features and differences of arbitration with other alternative dispute resolution methods will be examined. Finally in this chapter, general information will be given on the positive and negative features that stand out in the resolution of industrial property disputes through arbitration. The main subject of our study, arbitrability in industrial property disputes will be explained in the second chapter of our thesis. First of all, In this context, the legal characteristic of industrial property rights will be evaluated. Then, general information will be given on the issues related to the concept of arbitrability. This general information will also be detailed with the subheadings of subjective arbitrability and objective arbitrability. Then, the arbitrability of industrial property disputes will be evaluated separately according to the national arbitration and international arbitration order. In the continuation of this chapter, general information will be given on the issues related to the concept of public order in arbitrability, which has an important place in terms of the concept of arbitrability and our study as well. Finally, a general evaluation will be made on the issue of arbitrability in terms of industrial property disputes. In the third part of the thesis, the role of the World Intellectual Property Organization (WIPO) in the resolution of industrial property disputes through arbitration will be explained.