Intellectual Property Law

Intellectual Property Law

WiklundKurucuk is one of the best Intellectual Property Law Firms in Turkey and Copyright Law Firms in Turkey comprised of competent IP Lawyers in Turkey, Copyright Lawyers in Turkey and Intellectual Property Lawyers in Turkey specializing in Turkish Copyright Law, Turkish Patent Law, Turkish Trademark Law, Turkish IP Law and generally Turkish Intellectual Property Law.

WiklundKurucuk Legal Office is a boutique Turkish IP Law Firm based in Istanbul, Turkey specializing in the Turkish Intellectual and Industrial Rights Law (Turkish Intellectual Property Law) and Turkish Trademark and Patent Law and legal framework and Turkish Copyright Law and legal framework and Turkish IP Law.

WiklundKurucuk is also one of the biggest Turkish Advertising Law Firms providing legal services to the Advertising Agencies in Turkey on Turkish Advertising Law and Turkish Entertainment Law.

We are one of the best Copyright Law Firms in Turkey, Intellectual Property Law Firms in Turkey and IP Law Firms in Turkey.

Our Office practicing as Istanbul Intellectual and Industrial Rights Law Lawyer and Copyrights Law Lawyer provides attorney and legal counseling services to authors, advertisers, artists, writers, musicians, performers, composers, cinema, theater and TV series players, directors, movie artists, photographers, designers, illustrators, graphic designers, computer programmers, inventors, business owners, briefly all persons and organizations producing in every fields of art and science for the protection of their rights and entitlements on their intellectual creations on any kind of media also including the Internet and social media, as well as in the fields of the Turkish Copyright Law, Turkish Trademark and Patent Law, Turkish Art Law, and generally in the field of the Turkish Intellectual and Industrial Rights Law.

WiklundKurucuk as Intellectual Property Law Firm in Turkey and Copyright Law Firm in Turkey provides legal support to authors for protecting their works, preventing any possible infringement and violation thereof, and claiming and collecting pecuniary and non-pecuniary damages incurred due to such infringements and violations, and represents them and defend their rights and interests before the judicial authorities.

Before going into the depths of the concept of intellectual property, namely its definition, it is necessary to know what the concepts of idea and property mean. While providing Istanbul Intellectual Property Attorney and consultancy, it is possible to say that we first get to the core of these two concepts. The definitions given in this context are as follows.

The right people demand on creations that emerge in line with certain ideas; is expressed with the concept of intellectual property. In this context, the concept of idea that brings the concept of “Intellectual Property Law” is a concept that expresses the creations that emerge as a result of people’s mental activities. For this reason, Intellectual Property Law is a branch of law that is based on property rights on intellectual products, not on property rights.

Another concept that needs to be addressed in the context of Intellectual Property is the concept of property.

Property, is a concept that has separate meanings for intellectual rights and separate meanings for real rights. Property in the concept of intellectual property is a concept that means “right ownership”. The concept of “property” that we take as the basis in our service of Istanbul Intellectual Property Attorney, is also the concept that means “ownership of rights”.

Intellectual Property Law

The subject of Intellectual Property Law products of ideas and art with economic value. It is possible to say that such products are among the assets of individuals due to their financial aspects. However, the aspects of these products are not limited to the financial aspect only. There are also moral aspects of the intellectual aspects born out of idea and art works. Moral aspects arise depending on the personal rights of the owner of the work. The definition and features of the concept of work in Intellectual Law are as follows.

The work we adopt in our service of Istanbul Intellectual Property Attorney, which is included in Article 1/B of the Law on Intellectual and Artistic Works; “It refers to all kinds of ideas and art products that bear the characteristics of its owner and that are considered as science and literature, music, fine arts or cinema works.” According to this definition, in order for a product to be accepted as a work and to be protected by law in this context;

• To have characteristic of its owner/creator,
• Shaped enough to reflect its characteristic,
• Included in one of the types of work stipulated and counted in the Law on Intellectual and Industrial Works,
• Emerge as a result of an intellectual effort.

The types of works covering our Istanbul Intellectual Property Attorney services included in the Law on Intellectual and Industrial Works are as follows.

1) Artistic works of science and literature

2) Cinema Works

3) Fine artworks

4) Musical Works

Intellectual and Artistic Works

As we have mentioned before, there are 4 types of work under the Law on Intellectual and Industrial Works. The details of these types are as follows.

• Artistic works of science and literature

Within the scope of the Istanbul Intellectual Property Attorney and Intellectual Property Law service we offer, we can say that a work must have the following characteristics in order to be considered as a scientific and literary work:

• Works expressed in language or writing without being subject to any form,
• Computer programs, which are also expressed without any form, and their preparatory designs provided that the program result is born in the next stage,
• All kinds of dances, Pantomimes, written choreographies and similar non-verbal stage works,
• works of science and literature; all kinds of technical and scientific photography, plans, projects, maps, sketches, geography or topography models, pictures; Architecture and urbanism projects and designs, industrial, environmental and stage design projects, architectural models produced without being subject to any city.

** Note: According to the additional amendment made by Article 1 of Law No. 4110, it is not possible to include the principal thoughts that form the basis of any element of a computer program, in order to include the thoughts and principles that are the basis for the interface as works.

• Cinema Works

Within the scope of our Istanbul Intellectual Property Attorney and consultancy service, in order for a work to be included in the scope of cinema works, it must comply with the following definition in accordance with Article 5 of FESK;

“Cinematographic works are a series of sound or Silent, interrelated moving images that can be shown by electronic or mechanical or similar tools, regardless of the material in which they are detected, such as films or Cinematographic that are of any kind of aesthetic, scientific, educational or technical nature or detect daily events.”

• Fine Artworks

The features that explain the scope of the concept of “Fine Artworks” in Article 4 of the Law on Intellectual and Industrial Works are as follows.

• While providing Istanbul Intellectual Property Attorney and consultancy services, the first feature we consider within the scope of “Fine Art Works” is this; works that are drawn or detected by means of metal, stone, wood or other materials using watercolor and oil paintings,
• patterns, pastels and all kinds of paintings, engravings, carvings, calligraphy and illuminated manuscript, inlaying and similar methods; screen printing, calligraphy,
• sculptures, carving and reliefs,
• architectural works
• Handicrafts, small art works, decorative art products and miniatures, textiles, fashion designs,
• slides and photographic works,
• graphic works,
• all kinds of typecasting
• works such as cartoon works.

• Musical Works

Within the scope of Istanbul Intellectual Property Attorney and consultancy service, it is possible to say that we are based on Article 3 of the Law on Intellectual and Industrial Works regarding “musical works”. According to Article 3, all kinds of non-verbal and oral compositions are within the scope of musical works.

Industrial Property Law

Apart from intellectual property law, it is also beneficial to consider the Industrial Property Law. Industrial rights; These are the rights that ensure that inventions, designs and innovations such as brands, designs, patents and utility models are registered with the aim of distinguishing the seller and the manufacturer, and in this context, the rights of both the buyer and the seller are secured. The definitions of the given concepts are as follows.

What is a Trademark?

The definition that we can give within the scope of our Istanbul Intellectual Property Attorney service is as follows: a Trademark is the general name of any sign that can be displayed by drawing, reproduced and published by printing, such as person names, shapes, words, letters, form of goods or packaging that allow the existing goods and services of a business to be separated/distinguished from the goods and services of another firm.

Patent and Utility Model

In order for an invention to be entitled to a “patent”, there are 3 criteria that it must cover. These are as follows.

• Innovation,
• Overcoming the existing situation,
• Industrial Applicability.

In order for the patent rights of an invention that has these three criteria to expire, the following situations are required. The Cases covered by Article 133 of the 551 Decree Law and our Istanbul Intellectual Property Attorney and consultancy service are as follows;

• Expiry of protection period,
• Patent holder’s waiver from his rights,
• The patent right expires depending on the situations such as nonpayment of the additional fees or annual fees within the prescribed periods.

Istanbul Intellectual Property Attorney Services

Intellectual Property Law is a branch of law that emerged as a result of the combination of two important concepts. In this context, before we start to give information about Istanbul Intellectual Property Attorney and our consultancy services, it is possible to say that we first define the two concepts mentioned. This situation is very important in terms of understanding the scope of attorneyship or consultancy services within the scope of Intellectual Property Law. Our services that we can mention after the definition of the two concepts mentioned are as follows;

• It is possible for people who have an invention and want to obtain a patent on this invention to contact us to get information about patent acquisition and rights protection status or to request legal services.
• Another service we offer within the scope of Istanbul Intellectual Property Attorney or consultancy is trademark service. People who want to get attorneyship and consultancy services about the trademark registration process will contact us.
• In order for a product, invention or design to be included in the scope of “work” and to determine which type of work it covers, it is quite important to get attorneyship or consultancy service. It is possible to provide information such as what a product, invention or design should have in order to qualify as a “work” within the scope of this consultancy service.