In Turkey, geographical indications are protected according to the industrial property law no. 6769. According to the Article 33 of the law no. 6769, the ones which are appropriate to the terms in this Book among the food, agriculture, mining, handicraft products and industrial products benefit from the geographical indication or traditional product name production on the condition that they are registered.

Geographical indication provides a significant protection in Turkey, being a country having richness in terms of traditional products, traditional arts, etc. As well as protecting a geographical indication, it is also important to process it and provide the territory having the geographical indication with income, reputation and prestige.

Markiz Patent provides consultancy in terms of obtaining income from the geographical indication and developing strategy, along with the preparation of the required regulations for the geographical indications, application and monitoring application processes.

Integrated circuit protection relates to the protection of the designs of the semiconductors (microchips). The law on the integrated circuit protection in Turkey is the law on the protection of the integrated circuit topographies no. 5147.

Integrated circuits are not very favorable because there is not an improving and progressive industry in Turkey. However, it is important for protecting the applications to Turkey from abroad.

The object of this Law is to enable the integrated circuit topographies in accordance with the provisions of this law to be protected and to enable the competitive environment to be established in this field and the industry to be developed.

This law includes the principals, rules and conditions concerning the protection of the registered integrated topographies. The protection provided for the integrated circuit topographies within the scope of this Law does not constitute an impediment for the right holders to benefit from the protections supplied from the other laws.

Here,

  1. a) İntegrated Circuit is a product in an intermediate or final form designed to perform an electronic function or other similar functions, comprising at least one active element and a part or whole of its intermediate connections are assembled within and/or on a part material,
  2. b) Integrated Circuit Topography is the series of images fixed in any format, which demonstrate the three dimensional sequence of the layers constituting the integrated circuit and are prepared for production and the image of all or part of the surface of the integrated circuit in any phase of production.

Markiz Patent attorneys provide consultancy and representation service for the integrated circuit topographies to be produced and required to be protected in Turkey.

Copyrights do not require official applications in order to be protected as distinguished from the industrial property. The works protected by the Law on Intellectual and Artistic Works benefit from a natural protection starting from the moment the work is created. While it is not necessary for the copyright protection to be officially registered, it is possible to perform some processes in order to protect the rights on the work and especially to determine the right holders and with the intent of recording. This is generally in the way of optional records and notary records.

In Turkey, copyrights are protected by the Intellectual and Artistic Works Law (Copyrights Law) No. 5846 which was amended by the law no 5101 in 2004. The protection duration is along the lifetime of the author and for 70 years following the death of the author.

Optional record is a process providing the ease of demonstration in determining the author, i.e. person or persons creating the work, and performed optionally. This process is conducted within the body of the Ministry of Culture and Tourism in Turkey. This process is based on declaration and does not have a right-constituting feature. The ideas cannot be recorded or registered with their abstract forms, but it is only possible to record them on the condition that they are embodied and formalized (turn them into the form of a work).

As a consequence of the optional record application, the applicant is supplied with a document comprising the information about the author and the work in accordance with the transaction carried out.

On the condition that the work recorded optionally is a matter in dispute, a sample of the record document and the documents given for the application are presented to the court through the Ministry of Culture and Tourism – Directorate General for Copyrights, if it is demanded by the court.

Also, it is possible that the documents indicating right-ownership and the declaration implying that the person has created the work and all of the rights on this work belong to the person can be arranged or approved by the notary.

Markiz Patent provides a direct consultancy service on the copyrights.

Computer programs are protected by the Intellectual and Artistic Works Law (Copyrights Law) No. 5846 which was amended by the law no 5101 in 2004 because they are considered as “works” in many countries around the world including Turkey. Protecting computer programs through copyrights is actually enabled by means of copying the computer programs. However, if the related program contains a technical feature, for example the logic or method of the sound and image compression programs, they can be protected through patent as business method according to the industrial property law no. 6769 and European patent agreement. These computer programs can also be protected by patent rights on the condition that they are capable of creating novelty and priority in combination with electronic hardware and computer programs of this hardware.

The attorneys of Markiz Patent have a deep knowledge and experience on patenting computer programs, especially the ones comprising technical novelty and technical priority both in Turkey and in Europe and the United States.

Plant variety in Turkey is protected by the law no. 5042 concerning the protection of the plant breeders’ rights accepted on 2004. The object of this law is to protect seeds and plant breeding activities in Turkey being rich in terms of plant variety. These records and registrations conducted within the body of the Ministry of Agriculture are essential for the enterprises breeding plants and developing seeds especially in the agriculture sector.

Markiz Patent provides consultancy service in this field.