This article offers a detailed observation about the nature and scope of intellectual property law in Turkey. In a nutshell, intellectual property implies legal rights granted to the inventor, creator or artist to guarantee his/her interests. Intellectual property represents one of the core rights of natural and legal persons.
For our work and all legal services on the matter of intellectual property, please click our “Practice Areas”, titled Intellectual Property.
What is meant by intellectual property rights?
Generally speaking, intellectual property (IP) is related to a new invention or artistic work together with a trademark. We can categorize IP rights as two core areas:
- firstly copyright and rights related to copyright
- secondly industrial property.
More specifically, there has been a growing agreement that Intellectual property rights cover the trademark, design, utility model and patent rights.
What is the meaning of intellectual property law?
To clarify Intellectual Property Law covers legal standards, benchmarks and principles to safeguard rights of the creators and owners of inventions and enforcement of intellectual property rights.
Is there any international mechanism for the promotion of intellectual property rights?
International community has adopted a wide variety of documents aiming at the protection of intellectual property rights. Following international instruments comes at the front side at the international level:
- Paris Convention for the Protection of Intellectual Property (Summary of the Paris Convention) ,
- Berne Convention for the Protection of Literary and Artistic Works (Summary of the Berne Convention),
- Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Summary of the Madrid Agreement) ,
- Hague Agreement Concerning the International Registration of Industrial Designs (Summary of the Hague Agreement),
- Patent Cooperation Treaty (The International Patent System),
- European Patent Convention (See European Patent Convention).
What is core legislation for intellectual property rights in Turkey?
The Industrial Property Code (Numbered 6769) was enacted by Turkey in 2016. The Code entered into force on 10 January 2017. Above all, the main objective of this Code is to protect the rights relating to trademark, geographical signs, design, patent, utility model and traditional product names and thus to contribute to technological, economic and social progress.
What are the Main Types of Intellectual Property Guaranteed by Law in Turkey?
In accordance with Article 2 of the Industrial Property Code, the rights guaranteed by the Code reads as follows:
- trademark,
- geographical signs,
- design,
- patent,
- utility model
and traditional product names.
Which Institution is Responsible For The Registry and Further Measures About Intellectual Rights?
Turkish Patent and TradeMark Office is the fundamental supervisory authority to process the registration and renewal applications for patents, utility models, trade marks as well as industrial designs and geographical indications. Furthermore, the Turkish Patent and Trademark Office, mainly known as TurkPatent, has a special mission to contribute to the increase in improving and leading intellectual capital and innovation capacity.
Is the Registry of Trademarks an Obligation in Turkey?
It is interesting to underline that registration is not an obligation for concluding, inter alia, a trademark or related rights. Unregistered trademarks can, to some extent, benefit from unfair competition principles laid down in the Commercial Code. Nonetheless, registration provides a full protection of the trademark involved.
Is There any Regular Supervisory Authority for the Promotion of Intellectual Property Rights?
Presently there is no monitoring mechanism dedicated to a regular review of the internal market. Therefore, the right holders usually take initiatives in controlling whether there is an infringement of their own intellectual property rights. Companies provide legal assistance from law firms to investigate any emerging situation.
What is the Domestic Legal Mechanism For the Orotection of Intellectual Property Rights?
In case of detection of any violation of intellectual property rights, they bring an application before judicial authorities to stop the impugned infringement, prohibit unfair competition and request a fair compensation. Under certain circumstances, it is also possible to file a criminal complaint.
Conclusion
To conclude, this paper aims at offering a comprehensive evaluation about intellectual property legal framework for particularly intellectual property lawyers and practitioners together with right holders. Taking together, the execution of intellectual property rights play a critical role in growing businesses of local and cross-border marks. It is worth reiterating that the parties who are adversely affected by the wrongdoers have the right to file a petition before courts for a proper remedy. Legal assistance has an essential influence upon taking the right and timely step in the detection and elimination of any infringement. Pi Legal Consultancy is an international law firm in Turkey.
