7) Intellectual Property Law

Content of Chapter

Legislation on intellectual property law consists of two sub headings as copyrights and industrial property rights.

Copyrights legislation consists of the legislation aiming at protecting the rights of right holders creating all kinds of intellectual and artistic works, as well as the related rights of performers, producers of phonograms, radio and television broadcasters and film producers.

Industrial property rights legislation comprises a wide range of areas such as trademarks, patents, designs, utility models and integrated circuit topographies.

The explanatory screening meeting of Intellectual Property Law Chapter was held on 6-7 February 2006 and the comprehensive screening meeting was held on 2-3 March 2006. The European Union has stated 1 opening benchmark with the letter of 4 April 2007.

Opening Benchmark

“Türkiye provides the Commission with a detailed action plan, including deadlines and milestones, for the building up of the necessary capacity to implement and enforce the acquis in each area covered by this chapter. This action plan should include but not be limited to the need to increase the staffing and budgetary resources of relevant authorities, provide specialised training for law enforcement bodies, judges, prosecutors and customs official, develop public awareness campaigns and improve cooperation among law enforcement bodies.”

In order to meet the opening benchmark, necessary progress has been achieved and the Chapter is opened to negotiations with the 16 April 2008 letter of Slovenian presidency.

For the provisional closure of the negotiations on the chapter, there are 4 closing benchmarks to be met in addition to obligation of full non-discriminatory implementation of the Additional Protocol to the Association Agreement.

Closing Benchmarks

1. Engaging a successful dialogue on Intellectual Property Rights (IPR) issues according to the terms of reference submitted by the Commission to Türkiye on 3 April 2008.

2. Ensuring sufficient administrative capacity for the enforcing institutions with a view to enforcing the rights concerning the fight against piracy and counterfeit.

3. Providing a satisfactory track record of investigations, prosecutions and judicial treatment of violations and an improved performance concerning the effective enforcement of Intellectual Property Law by Türkiye, including a substantial reduction in the volume of counterfeited and pirated goods exported to the EU.

4. Completing the alignment with the Community acquis concerning the community exhaustion of rights and the introduction of supplementary protection certificates, and ensuring the enforcement of these rights by accession.

Progress Achieved

Intellectual Property Rights Working Group is established between Türkiye and the EU. Working Group is coordinated by the Ministry of Culture and Tourism. Up to now, eight Working Group meetings were held.

In order to develop strategies in the IPR area and to ensure an effective enforcement by developing coordination and cooperation among related institutions, Intellectual and Industrial Property Rights Coordination Board was established on 21 May 2008.

Turkish Patent and Trademark Office (Turkish Patent) carries out various projects, protocols and training programs in order to establish an effective and extensive intellectual property system with related institutions in Türkiye and also with the international organizations such as EPO, WIPO, EUIPO.

Work on the participation in the “TMview” project, which is carried out within the framework of the bilateral cooperation between Turkish Patent and EUIPO, is completed and the “TMview” application has started to provide services with an interface in Turkish since 2 September 2013. “TMview” is a free application which allows the user to search the databases for trademarks of all participating countries’ trademark offices, in other words, providing for access to trade mark applications and registrations of the participating official trade mark offices in a single platform.

Ministry of Culture and Tourism carries out various activities for the purpose of increasing public awareness and consciousness in the field of intellectual property rights. Moreover, QR Code readers that detect the fake banderoles are extensively used in order to fight against piracy.

As regards IPR enforcement at customs, Ministry of Customs and Trade has made it possible for right holders and their representatives to make online complaints since 1 April 2013.

In addition, risk profiles have been created on intellectual property rights and in order to fight against potential intellectual property rights infringements, risk profiles are updated according to the seizures on the basis of goods, firms and countries.

In order to fight against piracy and counterfeiting, “Intellectual Property Crime Units” were established in 81 provinces. Turkish National Police conducts large-scale operations.

Ministry of Justice has set up special prosecutor bureaus for IPR inquiries. Moreover, specialized courts on intellectual property rights operate in 3 big cities. Several projects and training activities have been carried out for the judges working in these courts.

Related DG in the European Commission

Intellectual property law area is under the control of DG Internal Market, Industry, Entrepreneurship & SMEs and DG Communications Networks, Content and Technology.

For further information:

http://ec.europa.eu/growth/industry/intellectual-propert/index_en.htm

http://ec.europa.eu/digital-agenda/en/copyright

Related Projects