Intellectual property law is the branch of law that protects literary and artistic works, trademarks, inventions, industrial designs, and other intellectual creations. It grants exclusive rights for specific periods to the owners of works, inventions, trademarks, and designs that meet the legal requirements set out by applicable legislation.
Creating a trademark, software, design, invention, or artistic work often requires significant time, financial investment, and intellectual effort. Intellectual property law aims to prevent these valuable assets from being copied, used, or commercially exploited by third parties without authorization.
Effective protection of intellectual property rights not only helps prevent unfair competition but also encourages innovation and supports the continued creation of original works.
Intellectual property rights are generally classified into two main categories based on their nature and legal protection: Copyrights and Industrial Property Rights.
Under the Turkish Law on Intellectual and Artistic Works No. 5846, copyright protection covers scientific works, literary works, musical works, works of fine art, and cinematographic works. Computer software and databases that satisfy the legal requirements may also fall within this scope.
As a general rule, copyright protection does not require official registration. Protection arises automatically once an intellectual creation qualifies as a protected work reflecting the originality and personal characteristics of its author.
Copyright grants authors both moral rights—such as the right to disclose the work to the public and to be recognized as its author—and economic rights, including the rights to reproduce, distribute, adapt, perform, and communicate the work to the public.
Industrial property rights protect inventions, distinctive signs, and industrial designs used in industry, commerce, and technology. These rights are primarily governed by the Turkish Industrial Property Code No. 6769 and generally require registration before the relevant authority.
A trademark is any sign capable of distinguishing the goods or services of one undertaking from those of another, including personal names, logos, letters, numbers, and the shape or packaging of products. Trademark registration before the Turkish Patent and Trademark Office (TÜRKPATENT) grants the owner an exclusive right that is renewable every ten years.
Patent rights protect technical inventions that are novel, involve an inventive step, and are capable of industrial application. Patent protection is granted for a period of twenty years.
Utility model protection is available for technical inventions that are novel and capable of industrial application. The protection period is ten years.
Design rights protect the visual appearance of a product, including its shape, color, form, and similar characteristics. Registered designs may be protected for up to twenty-five years through successive five-year renewal periods. Unregistered designs that satisfy the legal requirements are protected for three years from the date they are first made available to the public in Türkiye.
Geographical indications protect products that are closely associated with a specific geographical region. Traditional product names safeguard the names of products and traditional production methods that have been used over an extended period.
Where trademarks, patents, designs, or copyrights are used, copied, or imitated without authorization, rights holders may pursue civil and, where applicable, criminal remedies depending on the nature of the infringement.
In the event of an infringement, the following civil actions may be brought with the assistance of a qualified legal professional:
Claims for Material and Moral Damages: The rights holder may seek compensation for actual losses, loss of profits, and, where applicable, non-pecuniary damages arising from the infringement.
Action for the Prevention of Infringement: The court may be requested to prevent an imminent infringement or to stop an ongoing infringement.
Action for the Removal of Infringement: The rights holder may request the elimination of the consequences of the infringement, including the seizure or recall of counterfeit goods and the termination of unlawful use.
For certain trademark and copyright infringements classified as criminal offences under applicable legislation, a complaint or criminal report may be filed to initiate a criminal investigation.
To prevent the continuation of an infringement and avoid further damage, the court may grant preliminary injunctive relief. Such measures may include the seizure of infringing goods, suspension of sales, and the temporary prohibition of unlawful use until the dispute is resolved.
