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Karmen Turk

Estonia
Partner
Attorney at Law

Karmen is a litigation attorney and partner with an expertise in artificial intelligence regulations, human rights (mainly freedom of expression and privacy), intellectual property and media law in Estonia and beyond. Karmen Turk leads the team of General Advice to ensure that TRINITI is a strategic partner to their clients providing straightforward, actionable support and efficient results for navigating an ever-changing, high-stakes legal environment.

During her practice, altogether Karmen has represented clients in human rights, technology and media related cases in more than 300 disputes, including in European Court of Human Rights as well European Court of Justice. For a case heard by European Court of Justice, a highest reward in intellectual property field IP STAR was granted for the team for most important case of the year.

 

Chambers Europe, Legal500 and Top Ranked have ranked her as recommended practitioner in the field.

 

Examples of notable cases include:

  • Numerous media disputes representing Postimees Grupp AS, Ekspress Grupp AS, Äripäev AS where publishing activities of outlet or journalists are assessed.
  • Bolagsupplysningen et Ilsjan, preliminary ruling procedure in the European Union Court of Justice (Grand Chamber).
  • Delfi v Estonia regarding the leading listed Estonian media company Delfi in a dispute over liability of intermediaries on the Internet.
  • REACT preliminary ruling concerned the question of whether and when, under European Union law, an organisation which is representing trademark proprietors is entitled to bring an action before a court in order to protect the rights of trademark proprietors and matters which were related to the intermediary liability of a bad faith internet service provision.
  • Estonian Authors Union versus Viasat, where we successfully represented Viasat AS in a case of pan-European significance about whether satellite service providers need to obtain the authors’ consent or pay remuneration for their activities.
  • Providing representation for Äripäev AS in a precedent-setting dispute with Eerik-Niiles Kross.

 

Karmen is also a visiting lecturer in IT Law at the University of Tartu for subjects of IP as well as human rights in information society. She is also doing her PhD and researching issues regarding new technologies and liabilities of the stakeholders.

 

She is an expert in the Council of Europe for several sub-committees (e.g. Chair for anti-SLAPP committee, Co-Chair and expert for Intermediary Liability Committee attached to the Council of Europe). Within the framework of UN Internet Governance Forum, she is co-ordinating the Dynamic Coalition of Freedom of Expression and Media on the Internet.

 

In recent years, her passion has been towards researching legal approach to autonomous and intelligent systems (AI/S, Artificial Intelligence). She was an external member for European Commission’s High-Level Group on Artificial Intelligence (HLEG-AI).

 

As an expert, she in involved in European Commission and Council of Europe joint projects in strengthening information society in countries such as Ukraine and Moldova, specifically in training judiciary – for example she was a trainer for human rights and media law for joint program of European Union and Council of Europe in Ukraine for development of human rights law course for the National Academy of Judges (with prof. J. Kulezsa and A. Pazniuk).

Professional experience

2010 – … Attorney-at-Law at TRINITI Law Firm (previously Tamme Otsmann Ruus Vabamets)
2009 – 2010 Lawyer at Tamme & Otsmann Law Firm
2006 – 2008 Lawyer at Estonian Public Broadcasting

Publications

  • Turk, Karmen; Pild, Maarja (2019). With, or Without a Kratt – That Is the Question. A Civil Law View of Robots and Artificial Intelligence. Juridica, 1, 43-55.
  • 2016 – Expert for European Union and Council of Europe Programmatic Cooperation Framework for Armania, Azerbaijan, Georgia, Republic of Moldova, Ukraine and Belarus regardin training of judges and prosecutors in rule of law in online environment.
  • 2014 – Visiting Lecturer at the University of Tartu in IT-Law Masters Program (Intellectual Property in Informational Society; Human Rights and Internet).
  • 2014 – Lecturer at the University of Tartu (Intellectual Property in Informational Society).
  • 2014 – Expert for Joint Programme between the European Union and the Council of Europe for Strengthening Information Society in Ukraine regarding the Internet and human rights course for the National School of Judges of Ukraine.
  • 2014 – Judge, finals of Estonian Moot Court (University of Tartu).
  • 2014- Visiting lecturer for “Human Rights and Technology” (Tallinn University of Technology, law institute).
  • 2013 – Visiting lecturer for ”Open Culture in the Example of Wikipedia” (University of Tartu, Institute for Computing Sciences).
  • Turk, Karmen (2014). Pros and Cons of the Measures Used for Identifying Persons in the Digital Environment. Juridica, 3, 175 – 188.
  • Lahe, Janno; Turk, Karmen (2012). The Web Host’s Privilege of Limited Liability: Its Application to Operators of Commentary Rooms. European Review of Private Law, 447 – 472.

Education

  • Karmen graduated from the Faculty of Law of the University of Tartu, Estonia in 2004.
  • Since then she has acquired a magister iuris from the University of Tartu and the University of Helsinki.
  • As of date she is a PhD candidate in the law faculty of the University of Tartu, Estonia.

Professional memberships

Expert attached to the Council of Europe Committee on Anti-SLAPP lawsuits, committee on Cross-border Flow of Internet Traffic and Internet Freedoms (MSI-INT committee) and Committee on Internet Intermediaries (MSI-NET).

Coordinator of UN IGF Coalition on Freedom of Expression of Media on the Internet.

Member of the Committee of Intellectual Property and Information Technology of the Estonian Bar Association.

Member of the Estonian Bar Association since 2009.

Expert attached to the Council of Europe Committee on Cross-border Flow of Internet Traffic and Internet Freedoms (MSI INT committee) to draft Recommendation CM/Rec(2015)6 of the Committee of Ministers to Member States on the free, transboundary flow of information on the Internet and Recommendation on Internet Freedom.

Participation in the preparation of the bills of the Tourism Act, Copyright and Related Rights Act.

Recent experience

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