Volume: 7 - Issue: 2, 31.12.2022

Year: 2021

Editorial

Editorial

1. Dijital Telif Hakları

Articles

Cases

Decision Review

11. Yargıtay Kararları

Book Review

Journal of Commercial and Intellectual Property Law (TFM) aims at contributing to the technological, economic, and social development of our country by promoting academic works in fields of commercial and intellectual property law.

Journal of Commercial and Intellectual Property Law (TFM) presents articles, translations, case and book reviews, and other academic works related to commercial, intellectual property, capital markets, banking, insurance, transportation, maritime and competition law. Writings primarily in Turkish, yet in any language can be published in the TFM.

1. The Journal of Commercial and Intellectual Property Law (TFM) is a double-blinded peer-reviewed journal published twice a year by Ankara Yildirim Beyazit University.
2. Manuscripts submitted to the TFM can be in any language. However, the title, summary and keywords of the article must be in the main language of the article (for example Turkish) and English.
3. All manuscripts must include a summary not to exceed 250 words and keywords within the word limit of maximum 5.
4. All manuscripts must be sent via ‘Dergi Park’ system. Authors must also submit their titles, affiliations, ORCID numbers, corresponding addresses, phone numbers and e-mail addresses in a separate document through ‘Dergi Park’ system.
5. Manuscripts sent to the TFM should not be published somewhere else previously or not sent for publishing somewhere else.
6. Manuscripts should not exceed 10.000 words excluding the summary and bibliography sections.
7. The author(s), by submitting their manuscripts for the purpose of publication to the TFM, irrevocably grant(s) to Ankara Yildirim Beyazit University, in advance and in perpetuity, indefinite and irreversible right to sublicense, use, reproduce, process, disseminate and represent the manuscript free of charge in whole , in any print or electronic format published by the TFM or the university. The university can exercise this right on behalf of any faculty, institute, centre or any other affiliations of the university.
8. The manuscript(s) submitted to the TFM must comply with the Directive on Scientific Research and Publication Ethics of the Council of Higher Education.
9. The authors are deemed to have accepted the publication of the submitted manuscript.
10. The first review of the manuscripts is completed by the editorial board. Manuscripts that do not comply with the rules and scientific criteria specified here are rejected for publication.
11. In order to ensure complete anonymity of the blind peer-review process, author name(s) in the manuscripts whose initial review is completed by the editorial board are removed from the text and after that it is reviewed by at least two expert referees. Upon the request of a correction in the referee reports, the author(s) can only make changes within the scope of the reports. If deemed necessary, the manuscript can be resent to the same referee for correction review. If the report of one referee results in a positive and the other one results in a negative assessment, the manuscript can only be published on the positive opinion of the Editorial Board of the TFM or a third referee. The referee reports for manuscripts that have not been qualified for publication are sent to the author(s) via e-mail.
12. Any responsibility arising from the views put forward in the studies published in the journal belongs to the author.
13. Apart from peer-reviewed articles, the TFM also includes book reviews, legislative assessments and informative notes.
14. Articles are published in order of completion of the editorial and refereeing processes.
15. The manuscripts should follow the TFM Article Template as specified at dergipark/tfm section and they should be in Microsoft Word format in compliance with the preservation of font and paragraph features.
16. Titles within the text should be organized as follows:

I. ALL CAPITAL LETTER AND BOLD
A. ALL CAPITAL LETTER AND BOLD
1. Only First Letters Capital and Bold
a. Only First Letters Capital and Bold
i. Only First Letters Capital and Bold

17. Bibliography should be provided at the end of the writings based on the references in an alphabetical order by the surname of the authors. Citations and bibliography should be organized in conformity with the Citation Rules. 
18. Official website of our publications is: http://www.ybu.edu.tr/hukuk/tfm. 

CITATION RULES
1. The articles to be published in the TFM should be written according to the Citation Rules detailed below.
2. The articles should be composed by footnote citation.
3. In case that there is no rule in this citation system, the OSCOLA (The Oxford University Standard for Citation of Legal Authorities) system should be referred.
4. If necessary to refer to a unique work (like archive documents, etc.), once-preferred method should be used in a consistent way throughout the article.
5. Once referring to a resource for the first time, all details about this resource should be indicated in the citation; while all the following references for this resource should be made with the abbreviation such as “author`s surname, the page to be cited”. If reference is made to more than one work by the same author, citation should be made thereby also indicating the shortening phrase for this resource as “author`s surname, the short phrase of the resource, the page to be cited” in order to distinguish the work provided that the shortening phrase for this work is indicated in the bibliography. 
6. In bibliography, resources which should be written without page numbers in accordance with the citation rules below, should be in order by the authors’ surnames. 
7. If there is any more information about the resource, the sign “^” refers to the requirement to indicate the relevant information.


Book
Author’s Surname, Name (Year) Book’s Title, Edition, City, Publisher, Page Number. 
Example: Uşan, M. Fatih (2009) Türk Sosyal Güvenlik Hukukunun Temel Esasları, 2. Edition, Ankara, Seçkin, p. 29.

In case of Multiple Authors:
Author’s Surname, Name & 2. Author’s Surname, Name (Year) Book’s Title, Edition, City, Publisher, Page Number.
Example: Acer, Yücel & Kaya, İbrahim (2014) Uluslararası Hukuk Temel Ders Kitabı, 5. Edition, Ankara, Seçkin, p. 46.

Edited Book
Editor’s Surname, Name (Editor) (Year) Book’s Title, Edition, City, Publisher, Page Number. 
Example: Dülger, İbrahim (Editor) (2010) Hukuka Giris, 4. Edition, Konya, Sayram, p. 31.

Book Section
Author’s Surname, Name, ‘Article Title’: Editor’s Surname, Name (Editor) (Year) Book Title, Edition, City, Publisher.
Example: Uşan, M. Fatih, ‘İşin Zaman Bakımından Düzenlenmesi’: Aydın, Ufuk & Kocabas, Fatma (Editors) (2014) Bireysel İş Hukuku, 1. Edition, Eskişehir, Anadolu University Publications, p. 19.

Translation Book
Author’s Surname, Name (Year) Book’s Title, Edition, City, Publisher (Translator: Translator’s Surname, Name (Year) Translation Book’s Title, Edition, City, Publisher), Page Number.
Example: Dworkin, Ronald (1977) Taking Rights Seriously, 1. Edition, London, Gerald Duckworth (Translator: Türkbag, Ahmet Ulvi (2007) Hakları Ciddiye Almak, 1. Edition, Ankara, Dost), p. 43.

Electronic Books
Author’s Surname, Name (^Year) Book’s Title, Date of Last Acces.
Example: Demircioğlu, A. Murat (2010) Labor Law in Turkey 10.08.2015. 

Electronic Book Chapter
Author’s Surname, Name (Year) ‘Article’s Title’: Editor’s Surname, Name (^Year) Book’s Title Date of Last Access. 
Example: Kaya, Emir (2015) ‘Injustice as a Judicial Product: A Problematic Tendency in Legal Thinking and Practice’: Erçetin, Şefika Şule & Banerjee, Santo (Eds.) (2013) Chaos, Complexity and Leadership 10.08.2015. 

Article
Author’s Surname, Name (Year), ‘Article’s Title’ Journal’s Title, Issue: ^Volume:, Page Number. (In Bibliography: The first and last page). 
Example: Uşan, M. Fatih (2008), ‘Yargıtay Kararları Işığında İşe İade Davalarının Sonuçları’ Kamu İş, I:1, V:10, p. 27. 
In Bibliography: Uşan, M. Fatih (2008), ‘Yargıtay Kararları Işığında İşe İade Davalarının Sonuçları’ Kamu İş, I:1, V:10, p.1-48. 

Electronic Article
Author’s Surname, Name (^Year), ‘Article’s Title’, ^Journal’s Title Date of Last Access. 
Example: Uşan, M. Fatih (2003) ‘Mesleki Eğitim ve İstihdam, Devlet Personel Rejimi ve İş Mevzuatı’, e-academy 28.07.2015.

Conference Proceeding
Author’s Surname, Name, ‘Title of the Communiqué’: Editor’s Surname, Name (Editor), Conference Title, Date, Place.
Example: Uşan, M. Fatih, ‘Taşeron İşçisi de İşçi: Öyleyse Ona da İş Sağlığı ve Güvenliği’: Toprak, Ahmet (Editor), 7. International Occupational Health and Safety Conference, Labor and Social Security Ministry - Occupational Health and Safety General Directorate, 4-7 May 2014, İstanbul.

Thesis
Author’s Surname, Name (Year) ‘Thesis Title’ (Type: Masters-PhD), University, Institute, Page Number.
Example: Kılınç, Ahmet (2013) ‘Osmanlı Ceza Hukukunda Yaptırım Türu Olarak Teşhir’ (PhD), Gazi University, Institute of Social Sciences, p. 158.

Court Decisions
Court’s Name Relevant Circuit, ^Case Name, ^Application No, Date:, E:, K: (Citation).
Example: Yargıtay 2. Ceza Dairesi, T: 13.03.2012, E: 2011/2-395, K: 2012/89 (Kazancı İçtihat Bankası). 
Ankara 5. Asliye Ticaret Mahkemesi, 23.2.2015, 45/89 (Yargıtay Kararları Dergisi, p. 3).

Web Address
Author’s Surname, Name, Authority, Title Date of Last Access.
Example: Uşan, M. Fatih, Kamu-İş Kamu İşletmeleri İşverenleri Sendikası, Yargıtay Kararları Işığında İşe İade Davalarının Sonuçları 07/27/2015.

Reports
Author’s Surname, Name, Institution (Year), Report’s Title, ^Report No:, Date of Last Access. 
Example: Oğuz, Fuat & Kent, Bülent, Istanbul Chamber of Commerce (2011), Anayasa’da Ekonomik ve Ticari Hükümlerin Değerlendirilmesi ve Yeni Bir Anayasa İçin Öneriler, 07/27/2015.

Introduction

Author is the person who created the work. In order for the work to be attributed to a person as an "author", it must bear the characteristics of that person. The originality is the intellectual contribution that shapes a work.

The following stages may be involved in a scientific study in the field of law:

- Formation of the article idea.

-The design of the article. For example, designing the sections, main titles, introduction, development and conclusion parts,

- Obtaining article data. For example, determining and collecting resources, decisions and other data to be used.

- Exchanging views on article idea, resources and plan.

- Writing the article. In this context, analyzing and interpreting the idea of the article in the light of sources and other data.

- Completing the article by reviewing it as a whole.

- Making changes proposed by the editor or referees of the journal on the article submitted for publication.

Abstract ideas do not constitute a basis for work ownership and authorship rights. For example, the statement that there is a legal problem on a subject and that it should be solved is an abstract idea. As long as it remains at this stage, it is not preserved.

Support for technical service or details do not justify ownership right of the work. For example, reviewing a legal text only in terms of language and correcting spelling mistakes is of this nature.



Research and Publication Ethics Sets Considered

All studies submitted to TFM must be original, not published elsewhere and also not sent for publication.

Studies are subjected to similarity screening within the technical facilities of Ankara Yildirim Beyazit University.


Plagiarism, illegal citation, unfair authorship, article slicing, and other copyright violations are considered unethical behavior.

Studies must first be in accordance with YÖK Interuniversity Board Publication Ethics Directive. For the relevant directive, follow the link: Interuniversity Board Directive

Compliance of the studies with international publication ethics standards is also a requirement. TFM works in accordance with the ethical principles described by the Committee on Publication Ethics (COPE) under the Principles of Transparency and Best Practice in Scholarly Publishing. For these policies, follow the link: COPE Principles

TFM also observes the criteria sought by the International Medical Journal Editors Committee (ICMJE) in terms of scientific studies. Criteria are available at: ICMJE Criteria

Accordingly, criteria of the authorship consist of;

1. A substantial contribution in terms of obtaining, analyzing and interpreting the data used with the idea or design of the study,

2. Establishing the draft or critical review of it in terms of its important intellectual content,

3. Final approval of the text of the study to be published,

4. Accepting responsibility to ensure that questions regarding the accuracy or completeness of any part, in all aspects of the work, are properly investigated and resolved.

All of these criteria must be met together.

All studies that are found not to comply with generally accepted ethical standards are removed from the publication process by the editors.



Rules for the Editors

The TFM Editorial Board examines the articles submitted for publication only according to the criteria set by the publication ethics and TFM Publication Board. The examination is made independent of the author's identity, title, gender, ethnic origin, location and other personal characteristics.

A manuscript sent to TFM for publication is forwarded to two referees determined by the editors and / or appointed assistant editors or publishing secretaries and is subject to double-blind evaluation by the referees.

If one of the referee reports is negative, a third referee opinion is sought. However, editors also have the option to reject the article based on the negative report content. Otherwise, a decision is made based on the direction of two of the three reports.

In cases where there is at least one positive referee report about the submitted manuscript, the editorial board may decide on the publication of a study. Editors explain their opinions within the referee evaluation form.

With the recommendation of the TFM Editorial Board, the TFM Publication Board determines the publication order of the articles submitted to the journal and whose referee processes have been completed.

TFM editors may share information that the referees and editorial board need to know about the work they have reviewed. Apart from these, no information about the author and the work is shared with anyone before publication.

The study and referee process are not shared or followed with anyone other than those authorized by the editor.



Rules for the Referee

 

Referees are determined by the editorial board. While determining the referee, the suitability of the field of study to the subject of the article is taken into consideration.

The referee fulfills his duty on the basis of objectivity and impartiality.

If the referee finds that the article is not compatible with his / her field of study or if he /she thinks that the review will not be carried out within the specified period, the referee informs the editor of the situation without delay and conveys his/her request to leave the post.

The referee respects confidentiality for any work that is submitted to him/her for evaluation; and cannot explain about the study and its content.

Unpublished materials described in a submitted article cannot be used by the referee for personal purposes, even if they are of scientific nature, without the express written permission of the author.

Confidentiality of the information or ideas obtained during the referee review is essential.

Referees cannot evaluate the works of people who have a closeness or conflict of interest among them for any reason to protect their objectivity.

The referees establish the "Referee Evaluation Form" with justification and evidence for their opinions, which is formed as a result of their review on the study.

The style used by the referees in this report should be polite, respectful and scientific, and not subjective and aggressive. Otherwise, the referee can be contacted to re-review and correct their comments.

The referees primarily examine the manuscript in terms of whether the published literature has been fully and adequately evaluated. If necessary, in his/her report, she/he states the works that are not cited by the authors.

The referee should draw the attention of the editor in case of significant similarity or unacceptable overlaps between the article being evaluated and another published article that he/she knows.

The editor cannot determine the referees or referees of his/her own article that she/he wishes to be published in TFM. Rather, she/he submits the article to other editors. The referee process is carried out by other editors by showing maximum attention to the confidentiality of the referees and taking the necessary precautions.

The referee completes his/her evaluations within the time allotted to them.


Author's Liability

The copyright and compliance of the articles with ethical rules are the responsibility of the authors. All responsibility arising from the work that constitutes a violation in any way belongs to the author.

An original research article is expected to include an accurate and detailed description of the study and an objective discussion stating its importance. The data that form the basis of the study should be accurately reflected in the article.


Miscellaneous Rules About Authorship

In terms of the studies produced from the theses written for the graduate education, the person who undertakes the supervisory role of the related thesis can be included in the work as a co-author, depending on the conditions sought to be a work owner. Thesis advisory alone does not justify co-authorship on the thesis (articles produced from theses and other studies).

To be included in articles produced from homework, projects, presentations, etc. within an undergraduate or graduate course as an author depends on fulfilling the necessary conditions for authorship.

Suggestions and criticisms made for the article within the scope of the editorial service do not justify copyright.

The suggestions and criticisms made for the article within the scope of the refereeing service do not justify the copyright.

A referee cannot be treated differently from any other authors regarding an article that he/she wishes to be published in the TFM.

The author cannot recommend or determine the referees of the article or referee his own article.

Those who take part in TFM processes cannot be treated differently from any other author regarding an article they want to be published in TFM. It cannot recommend or determine the referees of the article and cannot referee its own article. Such work is treated confidential.

Dergide yayımlanan veya bu amaçla dergiye gönderilen çalışmalardan herhangi bir ücret talep edilmez. Bu konuda ayrıca Telif Hakkı ve Yazar Sözleşmesinde yer alan diğer kurallar geçerlidir.