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JANUARY 2013
Legal Focus
What is the most attractive thing about franchising in turkey?
Turkey has largest youth population compared with the EU. Half of the population is under the age 29.7. Over 26 million young, whom are well-educated and motivated professionals,
increase the labour
productivity. This means that there is large domestic market. Today there are more than 50 million internet users, 65 million mobile phone users, 120 million airline passengers and 53 million credit card users. In addition it has liberal and reformist investment climate with new technological infrastructure of transportation that is important for a centrally located country.
What kind of challenges do you face regularly within your work surrounding franchising?
The main challenges are not only about franchising but also about adopting systems and cultures. For example, IFRS adaptation in many cases might cause problems between franchisor and franchisees. On the other hand even where there is satisfactory legislation for protection of intellectual property rights there are many problems in practice. I recommend foreign companies to start-up with a business advisor with good negotiation skills who should be contracted accurately. In cases where a foreign company sends its business advisor to Turkey and when that business developer/advisor starts to negotiate with franchisee candidates on the following day we may see that the IP rights/trademarks of the foreign companies are registered by the candidate. Foreign companies also should know that the standard franchising agreements on their files are required to be amended substantiality for the Turkish market.
Is there anything else you would like to add?
I believe that this is the time to benefit the growth of Turkey, and that is only made possible by finding the right partner and advisor.
Mr. Şafak Herdem, is the founding and managing partner of the firm HERDEM&Co. and has broad legal experience in multinational transactions where one party is Turkish in a global market. He started his career at a global mining company and now
Mr. Şafak Herdem HERdEM&co. attorneys at Law
Uprise Elite tower Floor 27 no 234 Kartal 34880 Istanbul, turkey tel: +90 216 290 1277 Fax: +90 216 29012778
Email: safak.herdem@herdem.av.tr
represents major multinational companies at HERDEM&Co. He has demonstrated experience in foreign investment and regulated market practices and representing clients operation in all markets including but not limited to telecommunication and media, food and beverage, medical and roadside assistance, aviation, pharmaceutical, energy, automotive. Mr. Herdem is also an arbitrator of American International Commercial Arbitration Court and represents the court as General Partner of Turkey.
HERDEM&CO. supports business objectives and aims to transact business in the burgeoning and developing economic environment with added advantage of knowing a legal team is in place of any contemplated activity provides advisory and litigation/arbitration services with offices in Istanbul, Ankara, Izmir and Antalya. The firm’s practice areas include: commercial/ corporate and business law, banking and finance, aviation, energy, defense industry, pharmaceutical, telecommunication and media, capital markets and finance, construction and real estate. The firm is listed on or member of many international legal alliances and networks to provide efficient service to the clients. As an unordinary practice in Turkey, the firm is audited by an independent company to provide client satisfaction in each and every phase of the business. LM
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