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Intellectual Property

Intellectual property is often the most easily copied part of the value a company creates: a brand, a design, a piece of software, a text. Our work in this area runs in two directions — securing the right at the moment it arises, through internal assignments, licence and transfer agreements and trademark registration; and, where an infringement occurs, determining which protective route to take, in which order, and then pursuing it.

Services

Internal Processes and Assignments Planning intellectual property obligations in relationships with employees and business partners, structuring assignments of rights, and reviewing internal agreements from that perspective. Details Commercial Agreements, Licences and Assignments Assessing and redrafting commercial agreements from an intellectual property perspective; drafting licence and assignment agreements and carrying out transfers of economic and moral rights. Details Influencer and Content Creator Agreements Contract negotiation, brand management and advertising compliance advice for collaborations with influencers and content creators. Details Trademark Applications and Registration Managing trademark registration from similarity searches through to application, opposition and cancellation proceedings before the Turkish Patent and Trademark Office. Details Preliminary Determination and Injunctions Assessing urgency where infringement is suspected, securing evidence before the court, and obtaining and enforcing interim injunctions and search and seizure orders. Details Litigation and Mediation Pre-action mediation and settlement routes; actions for the removal and prevention of infringement, pecuniary and non-pecuniary damages claims, invalidity actions and criminal proceedings. Details Out-of-Court Protection Protecting a right without litigation, through unfair competition provisions, domain name protection routes and measures such as prohibiting use of a trademark. Details Intellectual Property and Licence Agreements Drafting intellectual property and licence agreements for technology companies and funded ventures. Details

Team

Enes Duran Associate Burcu Kulotu Associate Sercan Dolanbay Associate - Trademark Attorney

Frequently Asked Questions

We use our brand but have not registered it. Is that a problem?

Yes, a serious one. In Turkey strong protection for a trademark arises from registration, and the system largely works on a "first to file" basis. Protecting an unregistered mark through unfair competition rules or objections based on prior use is possible, but these routes are difficult, slow and carry a heavy burden of proof. Registration of the same or a similar sign by someone else can force you to change a name you have used for years.

How long does trademark registration take, and how long does protection last?

After examination by the Turkish Patent and Trademark Office the application is published, and third parties have two months to oppose it; without opposition the process can end in registration within a few months, and with opposition it takes longer. A registered mark is protected for ten years from the filing date and can be renewed every ten years. A similarity search before filing avoids spending time and money on an application that will be refused or opposed.

Who owns the work produced by our employees, or by an agency we hire?

For works created by an employee in the course of their duties, the economic rights belong to the employer unless the contract indicates otherwise. Where work is commissioned from a freelancer, agency or software house, the position is reversed: the rights stay with the creator unless they are assigned in writing, with each right transferred listed individually. That a company does not actually own its logo, website or software most often comes to light during an investment or sale due diligence.

We have found unauthorised use of our brand or work. Should we sue straight away?

Not always; the first question is which route will deliver a faster and more effective result. If the infringement is ongoing and evidence may be lost, asking the court for an evidence determination and an interim injunction may be the priority. In some cases a cease-and-desist letter, a platform complaint mechanism or mediation stops the infringement far more quickly than litigation.

Can we protect our software with a patent?

Software is, as a rule, protected as a "computer program" under copyright law, as a work, and that protection arises without registration. Software on its own cannot be patented; where it forms part of an invention that offers a technical solution to a technical problem, patent protection may come into play. In practice the most effective protection comes from keeping source code, developer agreements and licensing arrangements in order.

Do you need support in this area? Schedule a meeting with us — the first meeting is free of charge.

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Advertising Investment Contracts Data & Technology Competition Labour Law Litigation Corporate Commercial Law E-Commerce Criminal Law