Software and source code are valuable intellectual property assets that require robust legal protection. In Turkey, both are protected under the Law on Intellectual and Artistic Works (Law No. 5846) and various provisions of commercial and criminal law.
Our Turkish Law Firm provides legal strategies for developers, tech startups, and SaaS platforms to secure software copyright in Turkey. We assist clients in registering rights, drafting licensing agreements, and litigating infringement. As English Speaking Turkish Lawyers, we bridge local law with international IP best practices.
Is Software Legally Protected in Turkey?
Yes. According to Article 2 of the Turkish IP Law (FSEK), computer software is explicitly listed as a literary work, similar to books or films. This means:
- Protection starts automatically upon creation
- Registration is not mandatory, but strengthens legal position
- Both source code and object code are protected
Our best lawyer firm in Turkey offers notarization, timestamping, and voluntary registration options to document authorship and ownership of software works.
What is Source Code Protection Under Turkish Law?
Source code refers to the original, human-readable version of a software program. Source code protection in Turkey includes:
- Copyright protection under Law No. 5846
- Confidentiality and trade secret clauses under TTK (Commercial Code)
- Penal protection against unauthorized copying under TCK Article 525
Our Turkish Law Firm helps clients protect code repositories through NDAs, developer contracts, encrypted storage, and judicial deposits.
What Legal Tools Are Available to Developers and Tech Companies?
Legal protection strategies for software in Turkey include:
- Notarized copy of the source code
- Time-stamped documentation via Turkish Notary or TÜBİTAK system
- Copyright registration with the Ministry of Culture (optional)
- License and SaaS agreements
- IP assignment from employees or contractors
Our English Speaking Turkish Lawyers draft custom IP strategies and licensing systems that protect against internal theft, cloning, or code leaks.
Employee and Developer IP Transfer in Turkey
Under Turkish law, unless otherwise agreed, the rights to software created by an employee during working hours may automatically belong to the employer. However, this is not guaranteed unless documented clearly in contracts. Our Turkish Law Firm prepares:
- IP assignment clauses in employment agreements
- Freelancer and outsourcing developer contracts
- Startup founder agreements to avoid future IP disputes
- License back clauses and commercial exclusivity structures
Our English Speaking Turkish Lawyers ensure your company owns all code legally and can license it without hidden liabilities.
Software Licensing and Enforcement
Software use must be governed by a formal agreement. In Turkey, we frequently draft:
- End User License Agreements (EULA)
- Software-as-a-Service (SaaS) contracts
- Source code escrow agreements
- OEM and VAR distribution licenses
As the best lawyer firm in Turkey for software and IP law, we tailor license models to protect your business model while complying with Turkish contract and IP regulations.
Infringement and Legal Remedies
If your code or software is copied, leaked, or cloned, legal action may include:
- Filing a criminal complaint under TCK 525–526
- Filing a civil lawsuit for injunction, removal, and compensation
- Seizure of unauthorized copies via court order
- Damage calculation via expert IT report
Our English Speaking Turkish Lawyers lead complex IP litigation and enforcement strategies in commercial courts, criminal courts, and arbitration forums.
Internal Legal Resources
- Intellectual Property Law in Turkey
- Contract Enforcement in Turkey
- Cybercrime and IT Law in Turkey
- Data Protection Law (KVKK)
- Startup Legal Advisory
FAQ: Software and Source Code Protection in Turkey
- Q1: Is software automatically protected in Turkey?
Yes. Protection begins upon creation under Law No. 5846, even without registration. - Q2: Is registration required?
No. But notarized documentation or time-stamping improves legal enforcement. - Q3: Can I register my source code?
You can register the code as a literary work or deposit it under escrow mechanisms or with notaries. - Q4: What is the penalty for stealing software code?
Up to 3 years imprisonment and compensation depending on scale and intent. - Q5: Can I license software developed by freelancers?
Only if the IP rights are contractually assigned to you. Otherwise, freelancer retains ownership. - Q6: What court handles software disputes?
Commercial Courts of First Instance. If criminal intent exists, Criminal Court of First Instance also applies. - Q7: Can I stop a former employee from using my code?
Yes. We file precautionary injunctions and IP violation lawsuits to stop and penalize unauthorized use. - Q8: Is foreign software protected in Turkey?
Yes. Under Berne Convention and bilateral treaties, foreign authors receive full protection. - Q9: Can I prevent customers from reverse-engineering my software?
Yes. Licensing agreements must include anti-reverse engineering clauses under Turkish law. - Q10: Can a Turkish Law Firm represent me remotely?
Absolutely. Our English Speaking Turkish Lawyers handle cross-border IP cases and manage filings, hearings, and enforcement on your behalf.
Protect Your Software with Legal Help from a Turkish Law Firm
Software and source code protection is critical to maintaining your intellectual property, competitive advantage, and business continuity. At ER&GUN&ER Law Firm, we provide full-cycle legal protection from creation to commercialization and enforcement.
As the best lawyer firm in Turkey for software law and IP litigation, our English Speaking Turkish Lawyers work with developers, founders, and investors to secure your software assets and defend your rights in court.