Editorial

TFM started its publication life in 2015 with the idea of becoming an international academic platform for commercial and intellectual property law, and with this issue, it has completed its 9th year. Our archive now includes 18 issues full of distinguished works in the field of commerce and intellectual property. Our aim is to contribute to the legal literature, legal practice and finally to the realisation of justice and equity, which is the ultimate goal of law. In this line, we would like to thank everyone who has not left us alone since our first issue and who has supported us with their articles and ideas.

The importance of economic independence for countries is indisputable. The independent rulemaking regulating the commercial life is of the same importance. The fact that technological developments have turned the world into a unit does not change this reality. It is inevitable that some institutions and rules will function in the same way in different societies or at different times due to the common aspects in the nature of human beings and goods. The fact that the solutions envisaged by many legal systems in the world since the past, are the same for the basic areas especially in the law of obligations, is due to the similarity in their nature or a kind of basic code uniformity.

In the basis of the uniform rules of today’s international commercial law lies the fact that not countries, but the actors who predominantly control international trade do not want to encounter a different national law in each country and therefore abstain from unique national laws (Jürgen Basedow, (2003), Worldwide Harmonisation of Private Law and Regional Integration - General Report, Uniform Law Review, 1/2 33). It is noteworthy that in the last century of the Ottoman Empire, the laws taken from the West in the field of law, especially in the field of commercial law, occupied an important place; that the practice of adaptation of laws from the West started with the commercial law immediately after the Tanzimat; and that this practice continued with the legislation on trademarks, patents and copyrights regulating the field of intellectual and industrial property rights, although there was no urgent need for legal regulation in this field due to its position in the field of industry and technology.

It is the 100th anniversary of the Republic of Türkiye. Nearly two centuries have passed since the first law in the field of commercial law was obtained from France in 1850 following the Tanzimat of 1839, which was a breaking point in the history of the Ottoman Empire, and nearly a century has passed since the legal reform following the establishment of the Republic and the laws adapted from the West within this scope. Laws are the mirror of human and society. Only the rules filtered from the history and culture of a society can produce solutions to the problems of that society. For this reason, it is of great importance to analyse the reality and needs of the country and society very well in law-making process.

It is indisputable that the practice of law is of great value in terms of academic studies in this field. Because each file and each decision contain dozens of experiences regarding the reflection of law on life. For this reason, we have continued the symposiums on commercial and intellectual property law with the theme of “judicial decisions” in this year.

We would like to continue in this way, in co-operation with the judicial and industrial practice, and to lay place in the TFM for studies that succinctly reflect local and international practice and include suggestions for them.

With our best regards,

TFM