Intellectual Property Law

26.12.2023
Öğr. Gör. Begüm Yiğit
What is "intellectual property"?
 Intellectual Property

Creations of the mind, such as inventions, literary and artistic works, brands,
designs, symbols, names and images used in commerce.

IP is protected in law, which enable people to earn recognition or financial benefit

from what they invent or create.

IP rights-> rights given to persons over the creations of their minds.

By striking the right balance btw. the interests of innovators and the wider public
interest, the IP system aims to foster an environment in which creativity and
innovation can develop.
 Features of IP Rights
A. Intangible Property

IP does not cover the created physical object but retains the conceptual
development behind the physical object.

IP does not deal with the material object in which works of the mind
have represented.

It is about a person's ability to produce a new idea and put it before the
public.
 Features of IP Rights
B. Territoriality

IP rights are mainly territorial and apply only with the relevant
competence.

Although the TRIPS agreement sets the minimum standard in its

respective municipal laws for all nations, IP laws around the world are
not united.

IP right owners have to comply with their national law.

 Features of IP Rights

C. Private (Horizontally Enforceable) Rights

IP rights exclude third parties from certain unauthorized uses of a protected

subject matters.

Nevertheless, these rights are capable of being subject to legal transactions.

They may be assigned, transferred, licensed or employed.

 Features of IP Rights

D. Limited in Scope

Unlike more conventional property rights, IP rights are limited in

scope.

E.g. Rather than excluding third parties from making any use of a
literary work, copyrights excludes third parties from copying and
distributing copies/communicating to the public a literary work.
 Features of IP Rights

E. Limited in Time

The term for which IP right continues to exist is different depending on the type of IP
right.

In the case of copyright, this is now 50 or 70 years past the death of the author in
most countries.

In the case of patents, it is 20 years past the date of filing.

By contrast, trademarks last as long as they are registered and/or in use.

 Features of IP Rights

F. Duality of IP Legislation
IP legislation is important not only because it creates rights to exclude, but also
because of the limitations it imposes and protections it secures for third parties.
IP legislation include limitations on the scope and duration of different IP rights,
exclusions of certain subject matter from the reach of IP rights and the
protection of certain acts from liability for infringing IP rights.
 Features of IP Rights

G. Dynamism

IP law is constantly changing.

In accordance with the demand for scientific and technological

advancement, the scope of its defense is being extended and new items
are being added to the IP law.

E.g. Non-fungible tokens (NFTs) or creations within the Metaverse.

Types of Intellectual Property Rights

IP rights in Turkey are divided into 2 categories.

Unregistered rights/Registered rights.

Unregistered rights arise automatically without fulfilling any

procedures upon the creation whereas registered rights should be
applied before the relevant authority to benefit from the protection.
 Unregistered Rights

A. Copyright

Original works that bear the characteristics and originality of the

author are protected by copyright.

This can be a scientific paper, literary or musical work, work of fine art
or cinematography.
 Unregistered Rights

B. Unregistered design right

Introduced with the new Industrial Property Law

To benefit from unregistered design protection, the design must be new

and has an individual character.

The protection is for a period of 3 years from the date on which the
design was first made available to the public.
 Registered Rights

A. Patents/Utility models

They protect new invention, which is capable of industrial application.

E.g. If you have a new technical solution to a problem, patents or

utility models allow you to prevent others from using your invention
without your permission for a fixed period of time.
 Patents vs. Utility Models

The requirements for acquiring a utility model are less strict than patents.

To be eligible for a patent, the invention must involve an inventive step,

which means it should not be obvious to a person skilled in the art/expertise.
Inventive step criterion is not necessary for utility models.

The length of protection is also different for patents and utility models. You
may protect your invention for 10 years with a utility model whereas
protection is for 20 years with a patent.
Patent name: "Peer to peer information exchange for mobile communications devices".
Jaap Haartsen, 1994
Third Generation Wireless Mobile Telecommunications

Patent name:
"Mobile internet access"
 Registered Rights

B. Trademarks

Sign which distinguishes your goods or services from those of your

competitors.

They can include personal names, designs, logos, the shape of the
goods and similarly descriptive means capable of being published
and reproduced by printing.
 Registered Rights

C. Industrial Designs

You can protect the appearance of a product entirely or partially with

design registration.

The appearance is generated by various features such as line, colors,

texture, share, form and materials.
The original Mini influenced a generation of car designers

Alec Issigonis, 1950s

 Registered Rights

D. Geographical Indications

You can register signs indicating the origin of a product.

They may be sought for products which have a specific quality,

reputation or characteristic attributable to that place, area, region or
country.
 Competent Authority for Registered
Rights

Turkish Patent and Trademark Office

Processes for the registration and renewal of patents, utility models,

trademarks, industrial designs and geographical indications are under
the authorization of Turkish Patent and Trademark Office.
 Legal Framework

In Turkey, there are two main codes regulating IP rights.

• Industrial Property Code (Code no. 6769)
• Code on Intellectual and Artistic Works (Code no. 5846)
 Legal Framework

Patents, utility models, trademarks, industrial designs and geographical

indications are mainly protected by the Industrial Property Code.

Copyrights are protected under the Code on Intellectual and Artistic

Works.

Under Turkish law, protection is also possible under general provisions

such as those on unfair competition.
 Competent Court

IP cases are handled by specific civil and criminal courts.

The courts of industrial and intellectual property rights are based in

Istanbul, Ankara and Izmir. Elsewhere in Turkey, the local civil courts
deal with IP cases.

Judges in IP courts handle only IP cases, which creates a more

predictable litigation and enforcement environment.
 Legal Framework

IP rights in Turkey are generally harmonized with European law and

international norms.

With regard to the alignment to EU law, Turkey is party to important

treaties and conventions. These treaties and conventions have been
enacted and are part of local IP law.