Legal Hukuk Dergisi, Year 2024 Issue 254 (ŞUBAT)

LEGAL QUALIFICATION OF THE “PROVIDING AGREEMENT” BETWEEN “CHANNEL OWNER” AS CONTENT PROVIDER AND “YOUTUBE” AS HOSTING PROVIDER

SİNAN SAMİ AKKURT — 2024-08-29

Individual or corporate broadcasting activities on “YouTube” channels have become extremely common today, and the demand for some YouTube channels has almost reached levels that can compete with the mainstream media. This situation attracts the attention of many natural and legal persons, institutions and organizations, and even mainstream media organizations to own a YouTube channel and broadcast from there. But broadcasting on YouTube is subject to different procedures and rules than accessing YouTube content only as a viewer. In order to broadcast on YouTube, first of all, it is necessary to create a "Channel" on the YouTube platform. In order to do this, in addition to the general “Terms of Service”, special data policies called “Content Manager Policies” must be accepted and committed. In this study, the contractual features of the "Content Manager Policies" and some "Terms of Service" that are directly related to this, which YouTube has concluded with users who want to create a channel and / or content providers who already have a channel are mentioned and the contractual relationship established between the parties has been qualified especially within the framework of IT law and law of obligations.

EVALUATION IN TERMS OF CUSTOMS LEGISLATION OF FAKE GOODS SEIZED BY JUDICAL AUTHORITIES

Deniz Okan SAVAŞ — 2024-08-29

Today, it is very important to protect industrial property rights in the national and international arena, especially the 'brand', which is one of the most important factors in determining the value of the commodity subject to trade. While the main legislation in the protection of the trademark right is the Industrial Property Law No. 6769, counterfeit/imitation goods are also evaluated within the scope of the Customs Law No. 4458 and the Anti-Smuggling Law No. 5607. In our country, as in the rest of the world, the protection of trademark rights, in other words, the fight against counterfeit products, together with the obligations of being subject to international laws and regulations, Kl circulation. In the execution of these processes, the simultaneous implementation of the provisions of the Industrial Property Law No. 6769 and the provisions of the Customs Law No. 4458 and the Anti-Smuggling Law No. 5607 lead the public administrations to some hesitations in the processes of liquidation, destruction and delivery of the goods in the ongoing judicial processes along with the status of the goods and causes procedural errors in practice. In this sense, it will be of great importance that the transactions, which are assumed to violate the trademark right, are subject to a customs smuggled goods or not, in the first stages of the infringement, to be evaluated correctly.

Restitution in Criminal Procedure Law

Özdem ÖZAYDIN — 2024-08-29

In this paper, the institution of "restitution in criminal procedure law", which is generally not covered in detail in the Turkish literature, is discussed. Since the regulations on restitution in the Turkish Code of Criminal Procedure (CMK) overlap to a great extent with the regulations of the German Code of Criminal Procedure (StPO), the German case law and the opinions in the German doctrine have been taken into consideration in explaining the institution. It is observed that there are quite a number of judgments on restitution in Turkey and Germany. This is an indication of the great importance of restitution in judicial practice. When the judgments are analyzed in relation to our subject, it is observed that the German jurisprudence generally seeks an answer to the question of when the missed application period is deemed to be at fault or not at fault. Within the framework of restitution, it is essential to clarify what exactly should be understood from the expression "without fault" and in which cases it may be in question. Ultimately, it is very important that it is foreseeable whether the application of the person who wants to benefit from the restitution institution will be successful or not. In this paper, in order to clarify the application area of restitution in Turkish criminal proceedings, we have tried to answer these questions in particular. As a matter of fact, Turkish jurisprudence is mostly focused on the fact that the relevant person who is not notified of the right to apply for legal remedy will be deemed flawless.

Married Woman's Surname in Turkish Law from the Perspective of Human Rights Law

ufuk ramazan çakmak — 2024-08-29

The issue of woman's surname is one of the most discussed issues in Turkish law. The first version of the previous Turkish Civil Code dated 1926 and numbered 743, it was stipulated that if the woman got married, her husband would take the family name. Article 153 of the previous Civil Code regarding the surname of a married woman was amended in 1997. In this regulation, it is stated that a married woman can carry her husband's surname or use her maiden surname before her husband's surname. This regulation is also included in article 187 of the Turkish Civil Code (TMK) numbered 4721, which entered into force in 2002. The European Court of Human Rights (ECtHR) has considered that the woman's inability to use her maiden surname on her own is a violation of the prohibition of discrimination. Similarly, the Constitutional Court in its decisions on individual application, interpreted the inability of a woman to use only her single surname after marriage as discrimination on the basis of gender. In today's practice, women's requests to use their maiden surname in case of filing a lawsuit are met positively. However, the fact that women have to file a lawsuit in order to use their maiden surname does not eliminate discriminatory treatment. As a matter of fact, the Constitutional Court, with its decision published in the Official Gazette on April 28, 2023, ruled that Article 187 is unconstitutional.