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ip law in turkey

INTELLECTUAL PROPERTY RIGHTS: PROTECTION AND ENFORCEMENT IN TURKEY

IP law in Turkey is a complex area that involves protecting a variety of creative works, inventions, and business assets. Turkey offers a comprehensive legal framework for the protection of intellectual property rights in Turkey, including trademarks, patents, copyrights, and industrial designs. In Turkey, various forms of IPRs are recognized and protected by law, including patents, trademarks, industrial designs, copyrights, and geographical indications. These IPRs provide legal protection for different types of intellectual works and contribute to the growth and development of various industries.

Intellectual property is a broad concept that includes ideas and artistic works, designs, patents, utility models, trademarks, computer programs, databases, geographical indications, new plant varieties, integrated circuit topographies, biotechnology, gene technology, know-how and trade secrets, and has a close relationship with competition and unfair competition.

Industrial property rights refer to intangible rights that are protected for a certain period of time on behalf of the first implementers of agricultural and industrial innovations, original designs, and inventions or the owners of signs on goods.

The main elements of the intellectual property system are the administrative unit, patent and trademark attorneys, professional associations, specialized courts, and public awareness.

Article 35 of the Constitution regulates the right to property. In addition, Article 27 of the Constitution states that everyone has the right to learn, teach, explain, disseminate and conduct all kinds of research in the fields of science and art. Article 1 of Protocol No. 1 of the European Convention on Human Rights and Article 27 of the Universal Declaration of Human Rights also regulate the right to property.

IN IP LAW IN TURKEY, WHAT IS WORK?

A work constitutes the source of the owner’s economic and moral rights and is the central concept of the Turkish Law on Intellectual and Artistic Works (FSEK).

The element protected in a work may be its form or its content. The groups of works listed in the FSEK are determined by the principle of limited number, so a product of intellectual labor that does not fall under any of these groups cannot be protected under the FSEK.

On the other hand, the work should reflect the uniqueness of the author; the presence of a quality that is above the norm, beyond what is suitable for the purpose, or beyond what is common in shaping the intellectual product is of great importance in this regard. For a work to be considered as such, it must also be objectively perceptible.

Since ideas, doctrines, and theories are subject to discussion, they are not protected. The rights granted to the owner of the work cover both the whole and the parts of the work. According to the FSEK, scientific works, computer programs, and drafts of fine art works can also benefit from protection, as long as the requirements of perceptibility and uniqueness are met.

You can visit our page for detailed information on commercial law, as intellectual property law is closely intertwined with commercial law.

WHAT ARE THE TYPES OF WORKS?

The types of works can be categorized as follows:

  • Works of Science and Literature

a) Works expressed in language and writing, including computer programs

b) Scientific and technical photographs, maps, drawings, and models

c)Stage works such as paintings, choreographies, and the like

  • Musical Works

a) Melodies

b) Motifs

c) Themes

  • Fine Art Works

a) Architectural Works

b) Applied Art Works

c) Photographic Works

d) Fine Art Works

e) Cartoons and all kinds of caricatures

  • Film Works

  • Compilations, Processing and Databases

Law on Intellectual and Artistic Works Scope Article 1/A – (Amended: 21/2/2001 – Article 4630/2)

This law covers the moral and economic rights of the creators of intellectual and artistic works, as well as performers who interpret or execute these works, producers who make the first fixation of sounds in phonograms and the first fixation of films, and radio and television organizations in relation to their products.It also includes the principles and procedures for dealing with these rights, legal remedies and sanctions, and the duties, powers and responsibilities of the Ministry of Culture.

TYPES OF INTELLECTUAL PROPERTY RIGHTS IN TURKEY

Intellectual property rights (IP Law in Turkey) are divided into two categories: industrial property rights and copyrights.

Industrial property rights cover trademarks, patents, industrial designs, and geographical indications.

Copyrights, on the other hand, cover literary, artistic, and scientific works.

  • Patents:

Patents protect inventions, new technology, and innovative products. In Turkey, patent protection is granted for 20 years from the filing date of the application. The Turkish Patent and Trademark Office (TPTO) is responsible for granting patents in Turkey. To obtain a patent, an application must be filed with the TPTO, and the invention must meet certain criteria, such as novelty, inventiveness, and industrial applicability.

  • Trademarks:

A trademark is a sign that identifies and distinguishes the goods and services of one company from those of others. In Turkey, trademark and brand protection in Turkey is granted for ten years, renewable for further periods of ten years. The TPTO is responsible for registration of a trademark in Turkey. To registration of a trademark in Turkey, an application must be filed with the TPTO, and the mark must meet certain criteria, such as distinctiveness and non-descriptiveness.

  • Industrial Designs:

An industrial design is the aesthetic aspect of a product, such as its shape, color, and texture. In Turkey, industrial design protection is granted for five years, renewable for further periods of five years up to a maximum of twenty-five years. The TPTO is responsible for granting industrial design protection in Turkey. To obtain industrial design protection, an application must be filed with the TPTO, and the design must meet certain criteria, such as novelty and uniqueness.

  • Copyright:

Copyright protects original works of authorship, such as literary, artistic, and musical works. In Turkey, copyright protection is granted for the lifetime of the author plus seventy years after their death. The Ministry of Culture and Tourism is responsible for copyright protection in Turkey. Copyright protection is automatic, and no registration is required.

  • Geographical Indications:

Geographical indications (GIs) are signs that identify a product as originating from a particular geographic region, where the product has certain qualities, characteristics, or reputation. In Turkey, GI protection is granted for an indefinite period. The Ministry of Agriculture and Forestry is responsible for registering GIs in Turkey.

registration of a trademark in turkey

REGISTRATION OF A TRADEMARK IN TURKEY AND BRAND PROTECTION IN TURKEY

Registration of a trademark in Turkey is one of the most important steps for brand protection in Turkey. A trademark is a unique symbol, design, or word that identifies and distinguishes the goods or services of one business from those of another. The process for registration of a trademark in Turkey involves the following steps:

  1. Conducting a trademark search: Before applying for registration of a trademark in Turkey, it is essential to conduct a trademark search to ensure that the proposed trademark is not similar to an existing one. This can be done online through the Turkish Patent and Trademark Office (TPTO) website.
  2. Filing the application: Once you have conducted a trademark search and determined that your proposed trademark is available, you can file a trademark application with the TPTO. The application should include the trademark’s name, class, and image.
  3. Examination of the application: The TPTO will examine the trademark application to ensure that it meets the registration requirements.
  4. Publication of the application: If the application is accepted, it will be published in the Official Trademark Bulletin, and interested parties will have the opportunity to object to the registration.
  5. Issuance of the trademark registration certificate: If no objections are raised, the TPTO will issue the trademark registration certificate, and the trademark will be protected for ten years from the date of application.

In addition, if we briefly mention the protection of design rights, it is possible to protect designs with multiple legislative provisions; a design must have the qualifications of the legislation it wants to be protected by. Designs can be protected by the Law on Intellectual and Artistic Works, the patent or utility model legislation, the trademark legislation, and unfair competition provisions. Protecting designs only with design legislation may be insufficient and may also limit the protection of the design.

PREVENTION OF TRADEMARK INFRINGEMENT IN TURKEY

Trademark infringement in Turkey occurs when a third party uses a registered trademark without permission from the owner, causing confusion or deception among consumers. It can lead to loss of brand value and revenue, and legal action can be taken against the infringer. In Turkey, there are several ways to prevent of  trademark infringement in Turkey, and in this essay, we will discuss some effective methods.

  1. Take legal action: If you detect any trademark infringement in Turkey, you should take legal action against the infringer. You can send a cease and desist letter to the infringing party, demanding that they stop using your trademark. If this does not work, you can file a lawsuit in a Turkish court and seek damages and injunctive relief.
  2. Educate your employees: Educating your employees about the importance of trademark protection and how to identify potential trademark infringements can help prevent trademark breaches. This can include providing training on trademark law, creating a trademark usage policy, and implementing procedures for monitoring and reporting potential infringements.

In conclusion, preventing trademark infringement in Turkey requires a proactive approach that includes registration, search, monitoring, legal action, and employee education. It is important to takebrand protection in Turkey seriously and to invest in measures that can prevent trademark breaches and safeguard your brand value. By following these steps, you can help protect your trademark and prevent infringement, ultimately ensuring the success of your business.

WHAT ARE THE CASES IN INTELLECTUAL AND INDUSTRIAL PROPERTY LAW?

Looking at the lawsuits that can be filed in case of infringement, requests such as precautionary measures, seizure at customs, etc. are possible in cases of infringement for IP Law in Turkey.

In addition, lawsuits for determining the author of a work, determining the infringement, preventing and removing the infringement, compensation for damages, transfer of rights due to the misappropriation of industrial property rights, prevention of unfair competition, remedy for unfair competition, and material and moral compensation are also included in this area.

As a type of determination lawsuit, requests can be made for the determination of evidence, determination of infringement, and determination of non-infringement.

PENAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

There is also criminal protection in our law for IP Law in Turkey. According to Article 71/1 of the Law on Intellectual and Artistic Works, anyone who processes, represents, reproduces, alters, distributes, broadcasts, publishes, or offers for sale or rent any work,execution, phonogram, or production without the written permission of the right holder shall be sentenced to imprisonment or a fine of up to 1 to 5 years.

Also who transfers any kind of signal, sound, or image for transmission to the public, or who imports or exports works that are unlawfully produced or reproduced, or who possesses or stores them for personal use outside the intended purpose, or who purchases them for commercial purposes, shall be sentenced same. The scope of the criminal sanction is very broad; prosecution is subject to complaint.

WHERE IS THE COMPETENT COURT IN INTELLECTUAL PROPERTY CASES?

According to the general jurisdiction rule, legal cases are filed in the court of the defendant’s residence.

According to Article 76 of the Law on Intellectual and Artistic Works, it is regulated that preventive and removal lawsuits can also be filed in the plaintiff’s own residence court; this rule does not apply to compensation lawsuits. In cases of trademak infringement in Turkey that constitute a tort, the court where the infringement occurred or where its effects were seen is also authorized. The competent courts are specialized courts established by the Ministry of Justice.

Some of the types of cases in intellectual property law are as follows:

  • Copyright Infringement Cases: Actions such as unauthorized use, reproduction, distribution, or public display of a work are considered copyright infringement. Copyright holders can file lawsuits to prevent infringements or seek compensation.
  • Trademark Infringement Cases: Unauthorized use of a trademark or the use of a similar mark that may mislead consumers is considered trademark infringement. Trademark owners can file lawsuits to protect their trademark rights or seek compensation.
  • Patent Infringement Cases: Unauthorized production, use, or sale of a patented invention is considered patent infringement. Patent owners can file lawsuits to protect their patent rights or seek compensation.
  • Design Right Infringement Cases: Unauthorized use of a design or the production of a similar design is considered design right infringement. Design owners can file lawsuits to protect their design rights or seek compensation.
  • Trade Secret Misappropriation Cases: Unauthorized acquisition, disclosure, or misuse of trade secrets is considered trade secret misappropriation. Companies can file lawsuits to protect their trade secrets or seek compensation.

These are just a few examples, and there are many other types of cases in intellectual property law. The specific types of cases may vary depending on the local judicial system and intellectual property laws.

WHAT IS THE STATUTE OF LIMITATIONS PERIOD?

The statute of limitations for legal cases is 2 and 10 years for torts. The statute of limitations for debt arising from a contract is 10 years. If the infringement also requires a penalty and the statute of limitations for the penalty is longer, this period will also be applied in legal cases.

trademark infringement

POINTS TO BE AWARE OF REGARDING IP LAW IN TURKEY

In Turkey, the Turkish Patent Institute carries out registration procedures. In this context, the principle of real ownership is adopted in Turkey; a person who registers someone else’s trademark, invention, or design cannot benefit from protection.

If a person registers a trademark without ever using it, this represents a founder-type registration. If a trademark is used before registration and later registered, this registration is a descriptive type. According to the principle of universality, registration is generally mandatory in the countries where protection is sought.

Regarding trademark names and rights, signs that are suitable for registration in terms of form can be expressed as follows: signs that can be viewed through drawings and expressed in a similar way, reproduced by printing, published, and any type of sign can be registered as a trademark.In this sense, shapes, words, distinctive combinations of letters and numbers, colors if they create a special combination within themselves, sounds if they can be notated, and smells if they can be expressed by a chemical formula are suitable for trademark registration.

According to Article 14 of the Industrial Property Law, if a trademark is not used for five years without a justifiable reason from the registration date or there is a continuous interruption in this use for a period of five years, the trademark becomes invalid. In addition, regarding the use of an unregistered trademark or, in the terminology of practice, an unregistered commercial trademark, the Industrial Property Law has found a regulation area in Article 25.

Accordingly, an unregistered trademark owner can ensure the cancellation of a trademark that has been registered by a third party by proving the real ownership. A person who selects and uses a sign for their commercial activity, if they have not registered their trademark, can benefit from unfair competition provisions within the scope of the Turkish Commercial Code in case of a violation of rights and prevent trademark infringement in Turkey.

GETTING SUPPORT FROM IP LAWYER IN TURKEY

Taking legal help from an experienced IP lawyer in Turkey is an important step in protecting IP law in Turkey. An experienced IP lawyer in Turkey can provide valuable advice on how to protect your trademarks, patents, copyrights, and other forms of IP law in turkey.

An IP lawyer in Turkey can provide customized advice, risk assessment, and representation in court proceedings. They can help you develop a comprehensive IP strategy that aligns with your business goals and objectives, and ensure that your intellectual property rights are protected to the fullest extent possible.hey can help you navigate the complex legal system, draft legal documents, and represent you in court proceedings.

In terms of protecting intellectual and industrial property rights, IP lawyer in Turkey support is extremely important for carrying out registration procedures, monitoring relevant periods, and making lawful and criminal applications in case of any infringement and ensuring their resolution in compliance with legislation.

You can review our other practice areas here and contact info@cbhukuk.com for your legal support request.

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