Intellectual and Industrial Property Law
Intellectual and industrial property is the product of an idea that belongs to a person or organization. The person or organization in question may subsequently choose to share it freely or to control its use in certain ways.
Intellectual property covers the areas called literature, art, music, architecture and similar copyrights.
Industrial property is; on behalf of the creator of inventions (Patents), innovations (Utility Model), new designs and studies (Industrial Design) in industry and agriculture; an intangible right that allows the marks (Trademark, Geographical Indication) that will distinguish the manufacturer or seller of the goods produced and sold in the field of trade to be registered in the name of the owners and thus allows the owners to have the right to produce and sell the product for a certain period of time.
Sections that violate intellectual and industrial property rights:
Sections that violate intellectual and industrial property rights may be; counterfeit goods, supplementary items of counterfeit goods, counterfeit goods subjected to copyrights, or molds and matrices of counterfeit goods subjected to copyrights.
1- Counterfeit goods:
It is an item which, including packaging, infringes a secured intellectual or industrial property right, without authorization, bears the same trademark as the valid registered mark of the right holder or a trademark that is indistinguishable from such trademark in terms of its essential respects.
2- Supplementary items of counterfeit goods:
Packages that symbolize the brand such as logos, stickers, brochures, user manuals, warranty certificates and the brands of these items that are placed on the market together with the counterfeit goods or separately.
3- Counterfeit goods subjected to copyright:
This is an item subjected to copyright, neighbor right or design right that violates the right of a right holder secured by the legislation for the protection of intellectual and industrial property rights, regardless if this item is registered under national laws or not, the goods copied without permission of the right owner or the person authorized by the relevant right holder in the country of production and any goods produced using these copies, and infringes the patent or utility model right.
4-Molds and matrices of counterfeit goods or counterfeit goods subjected to copyright:
Patterns and matrices that are specifically designed or adapted for the purpose of producing an item that infringes intellectual and industrial property rights (a counterfeit trademark or an item bearing this mark, an item that violates a patent right) and which will violate the right of the right holder secured by the legislation for protection of intellectual and industrial property rights.
Border measures for the protection of intellectual and industrial property rights:
Border measures for the protection of intellectual and industrial property rights are regulated by 57th Section of the Customs Law Number 4458 and 100 to 111th Sections of the Customs Regulation.
Within the framework of these Sections and according to the legislation on the protection of intellectual and industrial property rights; related with the trademarks, geographical indications, industrial design rights and rights covered by the Law on Intellectual and Artistic Works, the detention of goods that violate the rights holder’s authorities and powers or the suspension of customs procedures are carried out by the customs authorities upon the request of the right holder or his/her representative.
In the event that no request has yet been made to the customs authority and if there are clear evidences that the goods in question comply with the description of counterfeited branded goods or counterfeit goods subjected to copyright that violate these rights, the customs authorities may detain the goods ex officio for a period of 3 working days or the customs procedures of the goods may be suspended by the customs authorities in order to ensure that the right holder or his representative can make a valid application.
Applications for the Protection of Intellectual Property Rights:
The request to detain the goods that violate intellectual and industrial rights or to stop the customs procedures is made to the General Directorate of Customs with the Application Form given in Customs Regulation. Applications can also be made through the electronic data interchange system. In addition, if the right holder is resident abroad, applications can be made through the company representative located in Turkey.
TERMS AND CONDIDITIONS OF USE AND DISCLAIMER
Information given in this website only contains general information and opinions, does not substitute legal recommendation or professional legal service, and may not be used as legal recommendation or professional legal service. You are highly recommended to receive professional legal service and opinion for each case depending on its peculiar circumstances.
Lawyers employed by Gulis Law and Counseling Office are definitely not responsible for the accuracy or completeness of the information given here. Given that information, laws and stare decisis may abruptly change, the information given here may not be undertaken or guaranteed to be current. You are recommended not to make a business decision based on any part of the information given here, and to buy professional legal service for each case depending on its peculiar circumstances.
Gulis Hukuk & Danışmanlık Bürosu
Gulis Law & Consultancy Office
