Turkish Intellectual Property Law in Turkey

Intellectual property law is designed to protect intellectual and artistic products that have economic value. For more information on intellectual property law in Turkey, please visit our website.

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Turkish Intellectual Property Law in Turkey

Turkish Intellectual Property Law in Turkey

As Istanbul Intellectual Property Lawyer, while providing litigation and legal advice to our Turkish and foreign clients, we must first examine the concept of intellectual property and intellectual property law. In this context, the legal definitions are as follows.

The products created by man are not only available from the products he has created physically, but also include the products of thought, which are the result of intellectual labor and effort and have a creative quality. In order to protect these products, which do not have a physical appearance, the legislators have granted the creators of these products the right to prevent others from using these products for a certain period of time. This right on a product created as a result of intellectual labor and effort is called intellectual property right. Intellectual property rights can also be bought and sold like other rights, they can be subject to the right of use (non-exclusive / simple license – license / exclusive / full license – license), foreclosure, pledge, inheritance. In this context, the concept of idea, which provides the emergence of the concept of “Intellectual Property Law”, is a concept that expresses the creations that occur as a result of people’s mental activities. For this reason, Intellectual Property Law is a branch of law that is based on the property right on intellectual products, not the property right on the goods. Intellectual property law is a branch of law that protects intellectual labor products with economic value.

The concept of “property”, on which we base our service as an Istanbul Intellectual Property Lawyer, means “right ownership”, and we ensure that our Turkish and foreign clients acquire rights arising from intellectual property law.

 

About Intellectual Property Law

As we mentioned above, the subject of Intellectual Property Law is intellectual and artistic products that have an economic value. It is possible to say that such products are among the assets of individuals due to their financial aspects. Intellectual rights arising from intellectual and artistic works also have spiritual aspects. Spiritual aspects, on the other hand, emerge depending on the personality rights of the author. The definition and characteristics of the concept of work in Intellectual Law are as follows.

The work we have adopted in our Istanbul Intellectual Property Lawyer service, which is included in article 1/B of the Law on Intellectual and Artistic Works; “It refers to all kinds of intellectual and artistic products that have the characteristics of their owner and are considered as works of science and literature, music, fine arts or cinema.” It means. According to this definition, in order for a product to be accepted as a work and to be protected by law in this context;

Owner’s property,

It is shaped enough to reflect its characteristic,

Being one of the types of works envisaged and counted in the Intellectual and Industrial Works Law,

It must be the result of an intellectual effort.

In order to evaluate whether a work falls under intellectual property or not, it is necessary to seek support from an Istanbul Intellectual Property Lawyer.

The types of works that cover our Istanbul Intellectual Property Lawyer services included in the Intellectual and Industrial Works Law are as follows.

  1. Science and Literary Works
  2. Cinematic Works
  3. Fine Art Works
  4. Musical Works

Intellectual and Artistic Works

Science and Literary Works

Within the scope of the Istanbul Intellectual Property Lawyer and Intellectual Property Law service we offer, it is regulated in FESK Article 2 that in order for a work to be counted as a science and a work, it must have the following features;

Works expressed in language and writing in any way, computer programs expressed in any form, and their preparatory designs, provided that they result in a program at the next stage,

All kinds of dances, written choreographic works, Pantomimes and similar non-verbal stage works

All kinds of technical and scientific photographic works, all kinds of maps, plans, projects, sketches, pictures, models of geography and topography and the like, all kinds of architectural and urban design and projects, architectural models, industrial, environmental and stage design and projects.

The ideas and principles that form the basis of any element of a computer program, including the ideas and principles that form the basis of its interface, are not considered works. Cinema Works

Within the scope of our Istanbul Intellectual Property Lawyer and consultancy service, in order for a work to be included in the scope of cinema works, it must comply with the following definition in accordance with Article 5 of FESK;

“Cinema works are a series of interrelated motion pictures, with or without sound, that can be displayed by electronic or mechanical or similar means, regardless of the material from which they are detected, such as films or motion pictures of any kind, scientific, educational, or technical in nature or detecting daily events.”

 

Work Of Art

Within the scope of our Istanbul Intellectual Property Lawyer and consultancy service, in order for a work to be included in the scope of fine art, it must comply with the features in Article 4 of the Intellectual and Industrial Works Law and explain the scope of the concept of “Fine Art Works”;

Fine works of art, which have aesthetic value;

Oil and watercolor paintings; all kinds of pictures, patterns, pastels, engravings, beautiful inscriptions and illuminations, works drawn or fixed with metal, stone, wood or other materials by engraving, carving, inlay or similar methods, calligraphy, serigraphy,

Statues, reliefs and carvings,

architectural works,

Handicrafts and small works of art, miniatures and decorative arts, textiles, fashion designs,

photographic works and slides,

graphic works,

cartoon works,

All kinds of typing.

The use of sketches, pictures, models, designs and similar works as industrial models and paintings does not affect their adjective as works of thought and art.

While providing Istanbul Intellectual Property Lawyer and consultancy services, the first feature that we consider within the scope of “Fine Art Works” is that the work has an aesthetic value.

 

Musical Works

Within the scope of Istanbul Intellectual Property Lawyer and consultancy service, all kinds of non-verbal and verbal compositions are within the scope of musical works, according to Article 3 of the Law on Intellectual and Industrial Works regarding “musical works”.

 

Industrial Property Law

Apart from intellectual property law, it would be beneficial to consider Industrial Property Law. Industrial rights; These are the rights that ensure that inventions, designs and innovations such as trademarks, designs, patents and utility models are registered in order to distinguish the seller and the manufacturer, and in this context, the rights of both the buyer and the seller are observed. The definitions of the given concepts are given below.

 

What is Brand?

Within the scope of our Istanbul Intellectual Property Lawyer service, the trademark is regulated in Article 4 of the Industrial Property Law; A trademark is a trademark of words, shapes, colors, letters, numbers, sounds, and of goods or packaging, including personal names, provided that the goods or services of an undertaking are distinguishable from those of other undertakings and can be displayed in the registry in such a way as to enable a clear and precise understanding of the subject of the protection afforded to the trademark owner. It can consist of any sign, including the format.

 

Patent and Utility Model

There are 3 criteria that an invention must cover in order to have a “patent”. These are as given below.

Innovation,

overcoming the known situation,

Applicability to industry.

In order for the patent rights of a find that meets these three criteria to expire, the following conditions must be met. Our Istanbul Intellectual Property Lawyer and consultancy service and the situations covered by the Industrial Property Law are as follows;

expiration of the protection period,

Renunciation of the patent owner’s rights,

The patent right expires due to the non-payment of additional fees or annual fees within the stipulated periods.

We provide the following services within the scope of Istanbul Intellectual Property Lawyer Services;

It is possible for people who have an invention and want to obtain a patent regarding this invention, contact us to get information about patent acquisition and rights protection status, or to request legal services.

Another service we offer within the scope of Istanbul Intellectual Property Lawyer or consultancy is brand service. It is possible for people who want to get advocacy and consultancy services about the trademark registration process to contact us.

In order for a product, invention or design to be included in the scope of “work” and to determine which type of work it covers, it is necessary to obtain attorneyship or consultancy services. Within the scope of this consultancy service, it is possible to obtain information such as what features a product, invention or design must have in order to qualify as a “work”.

Another service we offer within the scope of Istanbul Intellectual Property Lawyer or consultancy is the service of filing a lawsuit for cancellation or nullity of the trademark.

Another service we offer within the scope of Istanbul Intellectual Property Lawyer or consultancy is the patent cancellation and invalidation lawsuit.

Istanbul Intellectual Property Lawyer or another service we offer within the scope of our consultancy is the service of stopping the act of infringing on intellectual property, removing the infringement, confiscating the infringement vehicles, changing the shapes of products and vehicles, and filing lawsuits for the destruction of infringement.

Istanbul Intellectual Property Lawyer or another service we offer within the scope of our consultancy is the service of filing lawsuits for pecuniary and non-pecuniary damages arising from the infringement of the property rights of products subject to trademarks, patents and intellectual rights.

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