Intellectual & Industrial Property Law

Intellectual and industrial property is an idea product belonging to a person or organization. Such a person or organization may choose to freely share it later or not to control its use in specific ways.

Intellectual property; literature, art, music, architecture etc. such as copyright works. It's an idea of ​​idea ownership.

If it is industrial property; in the name of inventors of industrial and agriculture (Patent), innovations (Useful Model), creators of new designs and studies (Industrial Design); (trademark, geographical sign) of the producers or sellers on the commodities produced and sold in the field of trade so that they have the right to manufacture and sell products to their owners for a certain period of time.
 

What are the goods that violate the intellectual and industrial property rights?

Goods that violate the intellectual and industrial property rights; counterfeit goods, counterfeit goods, copyrights, copyrights, or patterns or matrices of counterfeit or copyrighted counterfeit goods.

Fake goods;
violates the right to a protected or intellectual property including goods in which the trademark is indistinguishable from the trademark in the same trade mark or essential aspects as the legally registered trademark of the right holder,

Compliments of the counterfeit;
goods which bear the brands of these goods, such as logos, stickers, brochures, manuals, guarantee certificates, etc., which are presented to the market together with fake goods or separately.

Imitation goods subject to copyright;
a copyright, neighboring right or design right violates the rights guaranteed by the legislation protecting the intellectual and industrial property rights of the subject person, whether registered under national law or not, in the territory of which the person is entitled, material that is copied without permission and produced using such copies, and that violates the patent or utility model;

The patterns and matrices of counterfeit or copyrighted counterfeit goods are;
violation of the rights of the rights holder to safeguard the intellectual and industrial property rights of a person who violates intellectual and industrial property rights (such as a fake trademark or the person carrying the trademark, the violator of the patent, etc.) molds and matrices.

What are the border measures for the protection of intellectual and industrial property rights?
Border measures for the protection of intellectual and industrial property rights are governed by Article 57 of the Customs Code No. 4458, Articles 100 to 111 of the Customs Regulation.

Within the framework of these materials, the legislation of the protection of intellectual and industrial property rights raises the rights of the rights holder in relation to trademarks, geographical indications, industrial design rights and rights under the Intellectual Property Rights Act. is carried out by the customs authorities.

If there is clear evidence that the customs office has not yet been granted a claim and that the claim is in violation of these rights, the customs authorities shall arrest the goods for the period of 3 working days to ensure that the claimant or his representative can make a valid application or the customs procedure of the accuser can be stopped.

How are applicants related to the Protection of Intellectual Property Rights?
The request for the detention of customs and industrial rights violates the idea and industrial rights is requested to the General Directorate of Customs and the Ministry of Customs and Trade as well as the application form for the action of Customs Offices related to the violation of Intellectual and Industrial Rights in Annex 13 of the Customs Regulation. Applications may also be made via electronic data exchange system. The application shall also be located abroad are eligible, company representatives made through built in Turkey.