业务领域
知识产权法咨询
依据第6769号《工业产权法》，为商标、专利、外观设计及著作权的注册、保护与维权提供法律支持。
最后更新: · 撰写: Av. Barış Kaymaz
Intellectual property law covers industrial rights such as trademarks, patents, utility models and designs, as well as copyright in literary, artistic and scientific works. The principal source for industrial rights is Industrial Property Law No. 6769 (SMK), while copyright is primarily governed by Law No. 5846 on Intellectual and Artistic Works (FSEK).
Protecting a business's intangible assets — its brand value, product design or software — matters as much today as protecting physical assets. Because unregistered rights can be harder to prove, establishing an early registration and monitoring strategy is advisable.
We act for businesses looking for a trademark and patent lawyer in Istanbul and for clients who need a trademark and patent lawyer in Ankara, and we assist clients across Türkiye with trademarks, patents and copyright.
Trademark Rights and Registration
Under SMK Art. 4 et seq., a trademark is a sign that distinguishes one business's goods or services from another's. Applications are filed with the Turkish Patent and Trademark Office (TÜRKPATENT), and third parties may oppose a published application. A registered trademark owner may bring actions to establish and prevent infringement and to claim damages against unauthorized use.
Patent, Utility Model and Design Protection
Inventions that are new, involve an inventive step and are industrially applicable are protected by patent, while simpler technical improvements may instead qualify for utility model protection. The appearance of a product or its packaging can be protected as a registered design. Careful follow-up at every stage — filing, examination, opposition and licensing — protects the rights holder's interests.
Copyright
Under FSEK, an author holds economic rights such as reproduction, distribution, adaptation, performance and communication to the public, alongside moral rights such as attribution. Economic rights are generally protected for the author's lifetime plus 70 years after death. Unauthorized use of software, logos, text, photographs or designs can give rise to injunction and damages claims.
Legal Remedies Against Infringement
A rights holder whose IP is infringed may seek a finding of infringement, an injunction, seizure of infringing goods and damages. Interim injunction orders are particularly effective for swiftly removing counterfeit products from the market, and customs seizure applications can prevent counterfeit goods from entering the country.
Services in This Area
- Preparing and prosecuting trademark and design applications before TÜRKPATENT
- Handling trademark opposition and appeal proceedings
- Advisory during patent and utility model application procedures
- Drafting copyright assignment and licensing agreements
- Litigation and interim injunction proceedings against trademark and copyright infringement
- IP portfolio management and monitoring services