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IP law in Turkey is a complex area that involves protecting a variety of creative works, inventions, and business assets. Turkey offers a comprehensive legal framework for the protection of intellectual property rights in Turkey, including trademarks, patents, copyrights, and industrial designs. In Turkey, various forms of intellectual property rights are recognized and protected by law, including patents, trademarks, industrial designs, copyrights, and geographical indications. These intellectual property rights in Turkey provide legal protection for different types of intellectual works and contribute to the growth and development of various industries.
Intellectual property is a broad concept that includes ideas and artistic works, designs, patents, utility models, trademarks, computer programs, databases, geographical indications, new plant varieties, integrated circuit topographies, biotechnology, gene technology, know-how and trade secrets, and has a close relationship with competition and unfair competition.
Industrial property rights refer to intangible rights that are protected for a certain period of time on behalf of the first implementers of agricultural and industrial innovations, original designs, and inventions or the owners of signs on goods.
The main elements of the intellectual property system are the administrative unit, patent and trademark attorneys, professional associations, specialized courts, and public awareness.
Article 35 of the Constitution regulates the right to property. In addition, Article 27 of the Constitution states that everyone has the right to learn, teach, explain, disseminate and conduct all kinds of research in the fields of science and art. Article 1 of Protocol No. 1 of the European Convention on Human Rights and Article 27 of the Universal Declaration of Human Rights also regulate the right to property.
To answer the what is intellectual property in the broadest sense, it refers to all material and moral rights and neighboring rights that can be owned over a work. An intellectual product belonging to an individual or organization falls under intellectual property rights, and the owner may choose to share it freely or control its use in certain ways.
Intellectual property rights are divided into two groups: copyright and industrial property rights. Copyrights themselves consist of four main categories: scientific and literary works, musical works, works of fine arts, and cinematic works. The rights arising from these special works belong exclusively to their owners, and third parties cannot use these rights without permission.
Industrial property rights are an overarching concept that includes rights such as patents, trademarks, and designs. They are intangible rights that grant the first implementers of inventions, innovations, designs, and original works in industry and agriculture, as well as products bearing distinctive names and signs like trademarks and trade names, the exclusive right to produce and sell for certain periods.
Intellectual and industrial property rights are generally considered in seven basic groups:
Copyrights, patents, utility models, designs, trademarks, geographical indications, new plant varieties, integrated circuit topographies, biotechnology, genetic technology, computer programs, databases, and even trade secrets fall under the umbrella of intellectual property law. This concept tends to expand continuously.
Recently, folklore, biodiversity, traditional knowledge, and even nanotechnology are intensely discussed in the international arena in this context, and new rules are being adopted at national and international levels. Moreover, intellectual property rights are closely related to areas such as competition and unfair competition.
Copyrights arise automatically upon the creation of the work. There is no need for a procedure such as notification or registration. In contrast, rights in the category of industrial property, such as patents, utility models, trademarks, and designs, must be registered with an administrative body like the Turkish Patent Office. In terms of industrial rights, registration is essential; unregistered protection is exceptional.
Intellectual property rights have unique characteristics that are different from other areas of law. Without considering the features of the concept of intellectual property, it is not possible to produce solutions to legal problems in this area.
Law on Intellectual and Artistic Works Scope Article 1/A – (Amended: 21/2/2001 – Article 4630/2)
This law covers the moral and economic rights of the creators of intellectual and artistic works, as well as performers who interpret or execute these works, producers who make the first fixation of sounds in phonograms and the first fixation of films, and radio and television organizations in relation to their products.It also includes the principles and procedures for dealing with these rights, legal remedies and sanctions, and the duties, powers and responsibilities of the Ministry of Culture.
The central concept of the Law on Intellectual and Artistic Works (FSEK) is “work” and this concept has gained a broad meaning that encompasses many works with the new understanding worldwide. According to FSEK, the concept of work is examined under four main categories. In addition to these four main categories, adaptations that bear the personal characteristics of their creator are also considered works. Works created by utilizing an independent work, dependent on the independent work, and bearing the personal characteristics of their creator are called “adaptations.” Examples of adaptations include translations, explanations, and commentaries of a work, as well as musical arrangements and compositions.
An intellectual and artistic work does not need to be completed to be protected as a work. However, if the work has reached a level that reflects the personal characteristics of its creator, it is protected as a work. Works that do not bear personal characteristics cannot benefit from work protection. Additionally, parts of works are also protected.
Copyright in our country is protected by the Law on Intellectual and Artistic Works No. 5846 (FSEK). FSEK protects the following four groups of works:
In addition to these, FSEK also regulates protection issues that are not in the nature of works, such as letters, portraits, names, and signs.
According to FSEK, a creative product must meet three conditions to be protected:
A work that meets the protection conditions provides its creator with moral and financial/economic rights. The rights of the work’s creator include:
Other Rights
In FSEK, alongside the rights arising from the work to the creator, related rights are also protected. In this context, the legislature protects investment in the cultural industry.
Related Rights Holders:
The financial rights granted to the work’s creator can be transferred to another party through a written contract, and the right to use these rights can also be left to someone else. However, while moral rights cannot be transferred, their use can be left to another party.
The basic ways to protect a work are as follows:
Each of these methods plays an important role in protecting the work and securing the rights of the work’s creator.
Ideas and methods cannot benefit from intellectual property protection in Turkey. Ideas aimed at solving a technical problem can often be protected under patent law. What falls within the scope of the Law on Intellectual and Artistic Works is the form of expression of ideas. For example, anyone can write a poem about the concept of a will. However, no one can claim one or more lines of Nazım Hikmet’s poem “The Will” as their own.
The creator of the work is the person who created the work, and only real persons can create works. In an employee-employer relationship, the creator of the work is the employee who created it. However, the authority to dispose of the rights over the work created as required by the work relationship generally belongs to the employer. Moral rights, however, remain with the creator. But the employer can use these rights to a certain extent.
Obtaining intellectual property rights is generally a legal process that requires specific steps and can vary by country.
How to obtain intellectual property rights in Turkey?
The process of obtaining and protecting intellectual property rights can be complex, so professional consultancy or legal services may be useful. Additionally, international protection of intellectual property rights is important, so it may be necessary to act in accordance with international standards.
The Law on Intellectual and Artistic Works (FSEK) provides two main legal avenues to address intellectual property infringement:
To protect the rights of the work’s owner, civil lawsuits under the Law on Intellectual and Artistic Works (Law No. 5846) can be divided into four categories:
Civil lawsuits for intellectual property infringement in Turkey are conducted under FSEK, and it is necessary to act in accordance with the regulations specified in the IP law in Turkey.
Criminal lawsuits apply in cases involving the infringement of financial, moral, or related rights concerning intellectual and artistic works protected under the IP law in Turkey:
Investigations and prosecutions for unlawful activities causing intellectual property violations are conducted upon complaints by rights holders or professional associations. However, for a complaint to be accepted, documents proving the rights must be submitted to the Public Prosecutor’s Office. If these documents are not submitted in due time, a decision of no prosecution can be given.
The procedure for criminal lawsuits related to intellectual property infringement in Turkey typically includes the following steps:
During this process, evidence and proofs related to the crime are collected, and the court process can be initiated. The entire process is conducted in compliance with the intellectual property laws and relevant legislation.
Copyright refers to the set of rights held by the creator of an intellectual or artistic work. The material and moral rights of the creators of intellectual and artistic works are protected by the Law on Intellectual and Artistic Works. The most basic answer to the question of what copyright is is that it is one of the intellectual property rights and benefits from the protection of the said law.
Copyright legally provides rights related to the use or reproduction of any information, idea, artwork, or product created by a person’s or persons’ intellectual effort. There is no need for registration for copyright to arise. The rights of the person or persons on intellectual and artistic works arise with the production of the work. However, the creator can voluntarily register and record the work with the relevant registration units of the country (such as Notary or the Ministry of Culture and Tourism in Turkey).
Copyright is a type of intellectual property that protects the originality of the works of original creators. This right covers various works such as paintings, photographs, books, music, videos, films, architectural works, and sculptures. Copyright is of great importance in terms of the legal protection of original creators.
Copyrights are legally protected even if they are not registered. A work becomes protected the moment it is published. Optional copyright registration can be done for ease of proof in future disputes, but registration does not establish the copyright that arises with the production of the work. The information and documents required during the registration application and the procedure are specified in the Regulation on the Registration and Registration of Intellectual and Artistic Works.
In general, copyright is protected without registration, but registration may be mandatory in some cases. For example, film producers who make the first fixation of films and phonogram producers who make the first fixation of sounds must register to protect their rights and monitor their exploitation rights regarding financial rights.
For example, cinema films and music are works that require mandatory copyright. To obtain copyright, an application must be made to the General Directorate of Copyright, affiliated with the Ministry of Culture and Tourism. Applicants can make their initial applications through the General Directorate of Copyright’s website and physically obtain their copyright documents. Two copies of the approved documents are prepared; one is given to the relevant person, while the other is kept in the archive of the General Directorate of Copyright.
To ensure that works are secured with copyright, certain conditions must be met:
The work owner seeking copyright must provide all data proving the originality of the work. If the work owner meets the conditions, they can have copyright in many areas. Copyright in Turkey is regulated by the Law on Intellectual and Artistic Works.
A copyright claim can be made in case of copyright infringement in Turkey. The owner of the infringed copyright can file a copyright claim that includes rectification of the infringement and compensation demands. The copyright claim process generally includes the following steps:
In the copyright claim process, local legal regulations and the procedures of the relevant judicial authorities must be followed. Obtaining professional legal support can help manage the claim process more effectively.
Copyright grants the author the right to seek financial and moral compensation in case of any infringement. The following lawsuits can be filed to protect the author’s rights in the event of copyright infringement:
If the author faces a threat of intellectual property violations on their financial or moral rights, they can file a lawsuit for prevention of infringement.
The author or those who have acquired the rights can file this lawsuit without the need for fault. The court will consider the nature of the infringement, the existence and severity of the fault, and the potential damages to determine necessary measures for prevention. A lawsuit can also be filed against the business owner if the infringement was committed by representatives or employees during their duties.
If the lawsuit is accepted, the court must clearly and explicitly define the behaviors that the defendant must follow or avoid. Enforcement law will apply to the enforcement of the court’s decision, and legal sanctions will be imposed on those who disobey the court order.
If a work that has not yet been made public is disclosed without the author’s consent or if the author’s name is used contrary to their wishes, a lawsuit for removal of infringement can be filed.
Prevention and removal of infringement can be requested in the same lawsuit.
According to the IP Law in Turkey, if a work is reproduced, processed, distributed, represented, or made public without the author’s permission, the author can demand up to three times the usual fee.
If the work or its performances are processed, reproduced, distributed, or made public without the owner’s permission, the unlicensed owners can claim up to three times the fee they could have requested in a contract or the legally determined market value.
If unauthorized copies have not been offered for sale, the owner can request their destruction, delivery for a fee not exceeding the production cost, or three times the amount they could have requested in a contract. However, this does not eliminate the legal liability for unauthorized reproduction, and legal sanctions may apply.
If unauthorized copies have been offered for sale, the intellectual property rights owner can choose options like requesting destruction, demanding an amount exceeding the reproduction cost, or claiming compensation up to three times the legally determined fee if there is a contract.
In case of copyright infringement in Turkey, the author can claim financial and moral compensation. Moral compensation is determined based on the severity of the infringement and the financial situation of the parties. In the infringement of financial rights, compensation can be claimed proportional to the damage and loss of profit.
The unlicensed work owner can claim up to three times the fee they could have requested if a contract had been made or the fee determined under the provisions of FSEK.
Since these lawsuits are subject to the Code of Obligations, one or ten-year statutes of limitations apply in cases of copyright infringement in Turkey. If the infringement of financial rights also constitutes a crime, the criminal statute of limitations applies. Copyright infringement lawsuits are filed in the defendant’s place of residence or where the intellectual property infringement occurred. However, lawsuits for prevention and removal of infringement can also be filed in the plaintiff’s place of residence court under Article 66 of FSEK.
In cases of copyright infringement in Turkey, pursuing legal and criminal avenues against the infringer is usually the most appropriate solution. However, official institutions do not directly intervene in copyright infringement cases, and such issues are addressed within the scope of private law cases.
If there is no contract with the person or organization using the work, and the work is used without permission, i.e., there is a clear copyright infringement, legal action should be taken based on the Code of Obligations and other relevant legislation.
While there is no mandatory registration for intellectual and artistic works, a copyright fee is paid in certain situations. This fee is charged in cases of compulsory or voluntary registration as required by intellectual property law. The fee is determined according to the rules specified in Article 11 of the Regulation on the Registration and Registration of Intellectual and Artistic Works.
For 2024, the voluntary registration application fee is 951 TL; for music, cinema, and games that require mandatory registration, the fee is 3,804.50 TL; for imported cinema products such as DVDs, VCDs, and Blu-rays, the fee is 761 TL; and for phonograms containing three or fewer works, the fee is 951.50 TL.
Copyright protection periods grant creators of intellectual and artistic works rights for a specific period. These periods cover the creator’s lifetime and the period following their death.
The copyright protection periods in Turkey start from the date the work is disclosed. The copyright protection period does not begin for works not disclosed. Works whose protection period has expired can be used freely without permission from the creator. However, applications can be made by the creator or legal representatives to extend this period.
The copyright symbol, a “C” in a circle, ©, indicates that the creator’s rights are protected. Whether or not the “C” symbol is used, every original idea and product inherently has copyright protection.
The transfer of copyright involves the copyright owner transferring the rights, in whole or in part, to third parties unless otherwise specified in the contract. This means that the rights related to the work are passed to someone else, and the transferee holds full rights.
For the transfer of financial rights, a written contract is required. The contract and dispositions regarding financial rights must be in writing, and the rights must be specified individually. Thus, the transfer of copyright is carried out through a written agreement between the copyright owner or heirs and the transferee.
However, the moral rights related to copyright are tightly connected to the creator and cannot be transferred through inheritance or legal transactions, nor can another person claim the copyright. If copyright is transferred without a contrary provision in the contract, the creator cannot exercise financial rights over the work.
How to obtain copyright for a song is one of the most frequently asked questions. In Turkey, there is no official institution where musicians and composers can register their works. This situation can make it challenging for songwriters and composers to protect and prove their copyright. Songwriters seek various methods to prove ownership in case of disputes.
Many people, when creating their songs, turn them into sheet music, record the melody, and then send these materials to themselves via postal mail, using the unopened envelope as evidence. However, unfortunately, this method does not have legal validity. Therefore, songwriters are looking for more reliable ways to protect their rights.
Songwriters who wish to protect their song copyrights can resort to official methods such as notarized documents or applications to the Ministry of Culture. However, these methods can often be expensive and cumbersome.
In recent years, initiatives offering alternative solutions to protect song copyrights have emerged. These initiatives provide various services to protect song copyrights in the digital environment. For example, websites that use time stamps can be used to document the creation and editing dates of songs.
Moreover, with the use of e-signatures, the legal validity of time stamps is also specified in Law No. 5070. This situation facilitates the process of protecting and proving the rights of songwriters.
By using such digital solutions, songwriters can prevent unauthorized use of their songs and legally prove their rights. However, it is important to seek professional legal advice and comply with local legal regulations in all cases.
Intellectual property rights automatically belong to the creator as soon as a work is created. This means that when a person composes a song, draws a picture, or writes a book, copyright is granted to the creator for these works. These rights give the creator the authority to control the distribution, copying, sale, or other use of the work.
Similar to music copyrights, there is no official registration body for novel copyrights. To protect a novel’s copyright, digital registration or notarization of the novel can be beneficial.
When signing contracts regarding the transfer or use of economic rights between an author and a publisher, certain elements should be included in the agreements. These elements typically include:
Clearly stating these elements in the contract helps in better understanding the rights and obligations of the parties and prevents potential disputes regarding novel copyrights.
Just because a photo or any work is published on the internet does not mean it can be freely used. Using photos found on the internet without permission constitutes intellectual property infringement and violates the rights of the creator.
The internet provides access to many photos and other works. However, most of these works are subject to copyright and are protected by their owners. Even when a photo or other work is published online, the copyright owner retains the right to protect their work and can claim copyright infringement.
Therefore, before using a photo or other work from the internet, it is necessary to obtain permission from the relevant copyright owner. Unauthorized use of photos or works is considered copyright infringement in Turkey and can lead to legal consequences.
Quoting from a work involves specific limitations and rules. In Turkey, Article 35 of the Copyright and Artistic Works Law regulates the conditions under which quoting is permissible.
According to this article, the right to quote is valid in the following situations:
However, it is important to adhere to specific limitations and ethical rules when quoting. Factors such as the scope of the quote, the purpose of its use, the amount quoted, and the original nature of the work should be considered within the context of intellectual property rights.
Taking legal help from an experienced IP lawyer in Turkey is an important step in protecting IP law in Turkey. An experienced intellectual property lawyer in Turkey can provide valuable advice on how to protect your trademarks, patents, copyrights, and other forms of IP law in Turkey.
An intellectual property lawyer in Turkey can provide customized advice, risk assessment, and representation in court proceedings. They can help you develop a comprehensive IP strategy that aligns with your business goals and objectives, and ensure that your intellectual property rights are protected to the fullest extent possible.hey can help you navigate the complex legal system, draft legal documents, and represent you in court proceedings.
In terms of protecting intellectual and industrial property rights, intellectual property lawyer in Turkey support is extremely important for carrying out registration procedures, monitoring relevant periods, and making lawful and criminal applications in case of any infringement and ensuring their resolution in compliance with legislation.
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LEGAL DISCLAIMER: The copyright of the articles and content on our website belongs to Av. Orbay Çokgör, and all articles are published with electronically signed time stamps to establish ownership. If any articles on our website are copied or summarized without providing a source link and published on other websites, legal and criminal proceedings will be initiated.
