A legal framework for the protection and enforcement of intellectual property rights, such as patents, trademarks, and copyrights, is provided by Turkish intellectual property law. In order to ensure the protection of innovative and creative works, Turkey has established its own intellectual property laws and regulatory organizations.
In this article, as a Turkish lawyer firm Istanbul Lawyer Firm, we will enlighten you about intellectual property law in Turkey by explaining patents, trademarks, and copyrights.
Understanding Patents in Turkey
In the context of intellectual property law, it is important to understand patents in Turkey. On January 10, 2017, Industrial Property Law No. 6769 came into force, and patents in Turkey have been governed by it since then.
Patents aim to protect inventions and technological innovations. The government grants the inventor of an invention a patent, which gives them the legal right to prevent others from creating, using, or selling the invention without their permission for a period of time. If someone makes, uses, or offers for sale the creation without consent, people who have patents on the inventions have the legal right to bring a lawsuit against them.
To apply for a patent in Turkey, one should submit a patent application to the Turkish Patent and Trademark Office, known as TURKPATENT, which is part of the Ministry of Industry and Technology. For international applications, filing an application with the Patent Cooperation Treaty is acceptable. For the protection and enforcement of patent rights, it is the responsibility of patent owners to track down instances of infringement within the scope of intellectual property law.
Trademark in Turkey
Trademarks are an important part of intellectual property law as well. A trademark is a distinctive sign that is used to identify and set one company's products and services apart from those of competitors.
Since they help consumers and customers identify and link particular goods and services to a specific source or origin, trademarks are essential for branding and marketing. Symbols such as names, letters, slogans, logos, numbers, shapes, colors, and sounds can all be used as trademarks.
You can submit an application by sending a national trademark application form to TURKPATENT. In addition, since Turkey is a signatory to the Madrid Protocol, you may select Turkey when submitting an international application.
Trademark Rules and Regulations in Turkey
The Industrial Protection Act No. 6769 in Turkey includes laws regulating trademarks. This law states that a trademark must be registered in Turkey's trademark register in order to be protected.
Trademark registration in Turkey is carried out by the Turkish Patent and Trademark Office, and trademark registration gives the owner 10 years of protection for the goods and services for which the trademark is registered.
In addition, any person or organization, domestic or foreign, may submit an application for the registration of a trademark in Turkey. Owners of registered trademarks have the right to file lawsuits to prevent trademark infringement.
Copyright Law in Turkey
In accordance with intellectual property law, law of ideas and works of art No. 5846, which provides protection for innovative, musical, and scientific works, regulates copyright law in Turkey. According to this law, protection begins without the need for registration as soon as an original work is created in tangible form.
Exclusive reproduction, distribution, public performance, public exhibition, and creation of derivative works based on the original works are all rights reserved by the copyright owners.
Copyright Infringement
When someone makes use of, reproduces, distributes, or publicly displays a work protected by copyright without the owner's consent, this is known as its infringement. According to law of ideas and works of art No. 5846, infringement is considered a violation of the rights given to authors and creators.
Copyright holders have the legal right to take legal action against infringers, including injunctions like preventing illegal actions. Thanks to monitoring copyright infringement systems, you can protect your work and reduce the risk of breach.
Also, if you have an infringement problem and need a property lawyer in Turkey, you can contact Istanbul Lawyer Firm. We will help you solve your problem with our qualified lawyers.
Comparing Intellectual Property Laws - Turkey vs. EU/US
Although there may be common rules and regulations, each country has its own intellectual property law. For instance, in terms of this law, Turkey is governed by Industrial Property Law No. 6769, while the EU has the European Patent Office, and the US is subject to the United States Patent and Trademark Office.
You can reach our previous article from https://istanbullawyerfirm.com/blog/business-law-in-turkey