Intellectual and Industrial Property Law

Intellectual and Industrial Property Law; The effective protection of intellectual and artistic works and the authors who created these works is of great importance both in terms of socio-cultural and legal system. The amendments made to the Law on Intellectual and Artistic Works No. 5846 (FSEK), especially after 1995, include efforts to harmonize our domestic law with the European Union (EU) acquis, and at the same time, legally secure the authors and the financial and moral rights granted to them.

As a result of the developments in science and technology, with the recent development of the copying technique, the violation of financial and moral rights arising from the ownership of the work is increasing day by day. In order to prevent this situation, we provide legal opinion and consultancy services to our clients and apply to certain legal and criminal legal remedies regulated in the legislation in order to protect their rights.

We also provide services on behalf of our clients regarding application and registration procedures regarding both intellectual and industrial property rights, as well as objecting to and filing lawsuits against decisions made by the Turkish Patent and Trademark Office in the event of disputes arising from registration.

What Does the Concept of Intellectual and Industrial Property Rights Mean?

Intellectual property rights refer to all material and moral rights that can be owned on a work and neighboring rights. Intellectual property can also be referred to as copyrights and intellectual rights and is a product of thought that belongs to a person or organization.

Industrial Property, in its general definition, is an intangible right that allows the registration of signs that will distinguish the producer or seller of goods produced and sold in the field of trade on behalf of the first implementers of inventions, innovations, new designs and original works in industry and agriculture, and thus allows the first implementers to have the right to produce and sell the product for a certain period of time.

What is the Importance of Intellectual and Industrial Property Rights?

Intellectual property rights ensure that fair competition is maintained, quality product and service production is encouraged, and innovation and creativity are maintained.

What are Intellectual and Industrial Property Law Rights?

Intellectual Property Rights can be grouped generally under 7 headings:

  1. Intellectual-Artistic Works
  2. Integrated Circuit Topographies
  3. Breeding rights on new plant varieties
  4. Patent
  5. Industrial Design
  6. Geographical indications
  7. Brand

The same method is not valid for every title in order to obtain ownership of intellectual and industrial rights. For example; in order to obtain trademark rights, the necessary application must be made to the Turkish Trademark and Patent Office. In order to obtain patent rights, an application to the Turkish Trademark and Patent Office is also required. In these applications, it is important to meet the necessary conditions and submit the requested documents to the institution in full.

Violation of Intellectual and Industrial Property Rights Law

Intellectual and Industrial Property Rights are protected by various legislations for the financial and moral rights of their owners. In case of violation of Intellectual and Industrial Property Rights, various legal cases can be filed to prevent the relevant violation, eliminate the consequences of the violation and compensate for the damages if any.

In case of violation of moral, financial or related rights related to intellectual and artistic works protected by law, a criminal case will be filed upon the complaint of the relevant persons or their repres