Industrial Property Law No. 6769 and Law No. 5846 on Intellectual and Artistic Works regulate different rights. Assessment begins with the subject of protection, ownership and the intended use.
Identify what needs protection
A business name, product appearance, technical invention and original work are different categories. SMK addresses trademarks, geographical indications, designs, patents and utility models. FSEK addresses qualifying intellectual and artistic works and related rights.
Registration and authorship differ
An application or registration is important evidence but does not explain every permitted use. Authorship, licences and assignment documents require separate examination. Online availability of an image does not establish permission to use it.
Prepare a chain of documents
Relevant records may include applications and registrations, source files, dated examples of use, licences, assignments and the disputed content. How evidence was obtained also matters. Preserve materials without alteration and agree a suitable sharing method.
Administrative steps and remedies
Applications and procedures before TÜRKPATENT differ from claims before courts. The appropriate route and time limits depend on the right and circumstances. A current assessment checks SMK, its implementing regulation and, where relevant, FSEK.
Relevant legislation and official sources
This content concerns legal matters in Türkiye. Foreign law and cross-border transactions require separate assessment.
Content is for general information and is not personal legal advice. Contact alone does not establish a lawyer-client relationship.
Related practice areasIntellectual Property