Trademarks and Designs
Business Crimes and Anti-Corruption
Bar Admission: Istanbul Bar Association
Baris Kalayci is a Partner since 2010 and co-head of the firm’s intellectual property and business crime and anti-corruption practices. He has been working for the firm since 1997.
His Intellectual Property practice focuses on trademarks, designs and copyrights.
Baris has been involved in numerous anti-counterfeiting and anti-piracy campaigns and civil litigation cases mostly with preliminary injunction requests involving all aspects of IP rights. He also has a special focus on customs IP protection against counterfeit goods being exported, imported and the ones in transit.
He is also in charge of the firm’s in-house investigations department which supports investigative needs of all clients and practice groups of the firm, especially in anti-counterfeiting and anti-piracy matters.
Baris also leads the teams in major business crimes and anti-corruption cases as well as some high profile commercial litigation cases.
Languages: English, Turkish
The Turkish Court of Appeals takes a hardline stance against transit counterfeit trading and seizes any counterfeit goods at Customs, even if they are not intended to be sold inside the country and the counterfeiters are simply using Customs for transit purposes.
Computers, computer programs and records used by suspects are among the most important evidence for public prosecutors who carry out external investigations relating to white collar crime. There is no definition of 'electronic evidence' in Turkey, but Article 134 of the Code of Criminal Procedure sets out the procedure for searching, copying and seizing computers, computer programs and records. An amendment to Article 134 concerning the collection of electronic evidence procedures was recently published.
If the evaluation of a whistleblower report is completed without taking fundamental steps or necessary planning, it may result in an improper investigation and the inability to resolve the issue, or even the undertaking of an unnecessary investigation. It is therefore vital to adopt a policy on how to evaluate and treat future whistleblowers, inform employees accordingly and train decision makers in the company.