Intellectual & Industrial Property Law
Advice is provided on trademark, patent and design registration processes, licence agreements and copyright matters.
Representation is offered in disputes arising from intellectual and industrial property rights, including infringement and invalidity actions and unfair competition claims.
Services in This Area
- Trademark registration applications, oppositions and appeal proceedings before TÜRKPATENT
- Patent and utility model applications and legal support for the protection of inventions
- Industrial design registration and the protection of design rights
- Representation in trademark, patent and design invalidity actions
- Infringement, cessation and damages claims, including preliminary injunction applications
- Drafting and review of licence, assignment and franchise agreements
- Copyright, authorship and disputes under the Law on Intellectual and Artistic Works (FSEK)
- Unfair competition claims and the protection of trade secrets
What Does Intellectual and Industrial Property Law Cover?
Intellectual and industrial property law protects the products of creative and commercial labour. In Turkish law, industrial rights are governed by the Industrial Property Code No. 6769 (SMK), while works of authorship fall under the Law on Intellectual and Artistic Works No. 5846 (FSEK). Trademarks, patents, utility models, designs and geographical indications form the core subjects of this field.
Registration proceedings are conducted before the Turkish Patent and Trademark Office (TÜRKPATENT), and registered rights entitle their holder to use, assign and license them. Even without registration, a degree of protection may be available under unfair competition rules, but registration considerably simplifies proof of ownership.
How Do Trademark and Patent Disputes Proceed?
Disputes frequently begin at the registration stage, where the publication of a conflicting application can be opposed and Office decisions can be challenged before the Re-examination and Evaluation Board. Final decisions of the Office may, in turn, be brought before the specialised intellectual and industrial property courts.
In infringement matters, evidence preservation, preliminary injunctions, cessation of infringement and damages claims come into play, while invalidity actions are often raised as a counter-strategy. As these cases typically turn on technical expert examination, framing claims and defences correctly can be decisive for the course of the proceedings.
Why Does Early Legal Support Matter in Registration and Protection?
A clearance search and careful class selection before filing reduce the risk of later oppositions and invalidity claims. Correctly identifying the goods and services for which a mark will be used directly shapes the scope of protection.
Putting licence and assignment agreements in writing and recording them properly helps prevent loss of rights. Where infringement is suspected, advice and representation are provided on securing evidence at an early stage and observing the applicable time limits.
Frequently Asked Questions
- How is a trademark registered in Türkiye?
- An application is filed with TÜRKPATENT; after formal examination it is published in the Official Trademark Bulletin, opening the opposition period. If no opposition is filed, or oppositions are rejected, the mark proceeds to registration. A prior similarity search and accurate selection of goods and services classes are important for the process to run smoothly.
- What should be done in the event of trademark infringement?
- Evidence of the infringement can first be secured, after which an action for cessation, prevention and damages may be brought before the intellectual and industrial property courts. Where the conditions are met, a preliminary injunction can halt the infringement for the duration of the case. The appropriate route depends on the nature of the infringement and the specific circumstances.
- What is the difference between a patent and a utility model?
- Both protect inventions, but a patent requires novelty, an inventive step and industrial applicability, whereas a utility model does not require an inventive step and offers a shorter term of protection. A utility model can be a quicker, lower-cost option for incremental improvements. Which route is suitable depends on the nature of the invention.
- What remedies exist for copyright infringement?
- Under FSEK, the author may bring actions for removal and prevention of the infringement and for damages, and may also pursue a criminal complaint where the conditions are met. For online infringements, a notice-and-takedown mechanism can be used to have content removed. The suitable remedy is assessed according to the type of infringement and the facts of each case.
These answers are for general information only and do not constitute legal advice. For an assessment of your specific situation, please consult a lawyer.
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