Intellectual Property Law is the area of law that protects the material and moral rights that may be possessed on a work and makes legal arrangements regarding these rights.
Intellectual property law generally focuses on copyright and industrial rights.
Intellectual Property and Industrial Property rights are also defined as the rights of a business in various forms, such as using, converting into products, distributing, disseminating, selling, regarding products, methods, documents, images, all original designs of artworks and confidential or open information. The rights of the author, patent, related rights, utility model, trademark, industrial design, geographical indications can be given as examples of Intellectual and Industrial Property rights.
Industrial property rights are the first implementers of new and original inventions, innovations, designs and studies such as trademarks, patents, designs, utility models and geographical indications, or the owners of the signs that will enable the manufacturer or seller to be distinguished on the goods produced and sold in the field of trade on behalf of the inventors. These are the rights that enable them to be registered on behalf of, so that they have the right to manufacture and sell the product for a certain period of time.
Copyrights arise spontaneously at the time the work is created, and the related protection is automatically provided by the presentation of the work to the public. There is no need for a procedure such as notification or registration for this. However, in order to provide protection for Industrial Property rights, the relevant invention, design, brand, etc. must be registered.
Patent Law is the law that protects patents given to inventions that meet the conditions determined by the law. A patent is a document that protects the subject invention under the law and provides legal protection to the right owner in case of a possible infringement. The patent is protected by the Decree Law No. 551 on the Protection of Patent Rights. Accordingly, inventions subject to patent must have three criteria. These criteria are counted as innovation, overcoming the state of the art and applicability to industry. In addition, the rights granted to the person or business who invent the inventions that meet these criteria are protected by patents.
Trademark Law is the law that protects the signs that enable the trademark to be distinguished from the goods and/or services of a subsidiary enterprise, from the goods and/or services of other enterprises. The trademark is regulated by the Decree Law No. 556 on the Protection of Trademarks and is protected by this regulation. In Trademark Law, trademarks are classified in many subjects. The general classification relates to whether the mark is a Goods Mark or a Service Mark. Article 5 of the Decree Law No. 556; “The trademark is anything that can be displayed by drawing or expressed in a similar way, published by printing and reproduced, especially words, figures, letters, numbers, form or packaging of goods, including personal names, provided that it enables to distinguish the goods or services of one undertaking from the goods or services of another undertaking. includes all kinds of signs.” and stated what could be the subject of the brand. Accordingly, the most important issue for the registration of a mark as a trademark is; that the sign carries the element of distinctiveness.
The copyright law is the law that protects the work, that is, all kinds of intellectual and artistic products and their related rights, which are considered as science and literature, music, fine arts and cinema works, which are the property of the owner in accordance with the Law on Intellectual and Artistic Works No. 5846. Accordingly, in order for any product to be considered as a work, it must have certain characteristics. These features can be counted as being the product of an idea, having the characteristics of the owner of the idea, that is, being original, and being in fields such as science, literature, music, fine arts and cinema.
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