Intellectual and Industrial Property Law

Intellectual and industrial property law protects the products of the human mind. Industrial property rights cover trademarks, patents, utility models, designs and geographical indications and are governed by Industrial Property Law No. 6769. Intellectual property rights cover copyright in works such as literature, science, music, fine arts, cinema and computer programs and are protected by Law No. 5846 on Intellectual and Artistic Works. These rights carry significant commercial value, especially for businesses.

Trademark law

• Trademark searches, filing applications and following the registration process
• Oppositions to trademark applications published in the Bulletin, within two months of publication (IPL Art. 18)
• A registered trademark is protected for ten years from the filing date and may be renewed for successive ten-year periods (IPL Art. 23).
• Applications to the Turkish Patent and Trademark Office for revocation of trademarks not genuinely used without justified reason within five years of registration (IPL Arts. 9 and 26)
• Infringement, invalidity and declaratory actions; licence and assignment agreements

Patents, utility models and designs

• Patents for inventions that are new, involve an inventive step and are industrially applicable; patents are protected for twenty years and utility models for ten years, and these terms cannot be extended (IPL Art. 101).
• Design registration and protection of unregistered designs
• Licence, assignment and confidentiality agreements relating to inventions; employee inventions

Copyright

• Protection of authors' economic and moral rights
• Drafting publishing, licence, commissioned work and software agreements
• Civil and criminal remedies against unauthorised use and reproduction online

Unfair competition and domain names

Remedies under the unfair competition provisions of the Turkish Commercial Code against commercial practices contrary to good faith, such as the use of signs similar to a trademark or trade name or imitation of product get-up; domain name disputes are also assessed in this context.

Jurisdiction

In civil actions brought by the right holder against third parties, the competent court is the court of the plaintiff's domicile or of the place where the infringing act occurred or its effects were felt. The specialised intellectual and industrial property courts have subject-matter jurisdiction; where they have not been established, the civil and criminal courts of first instance hear these cases. Actions against decisions of the Office are heard by the Ankara Intellectual and Industrial Property Civil Court (IPL Art. 156).

Our firm provides legal representation and advisory services in intellectual and industrial property law, covering registration processes, agreements, civil and criminal remedies against infringements, and litigation.

The information on this page is provided for general information purposes only and does not constitute legal advice.