Intellectual Property Law

Intellectual property law is a field that protects intangible assets such as trademarks, patents, designs, copyright and trade secrets, and is gaining increasing importance in the digital economy. Failure to effectively protect intellectual and industrial property rights can enable competitors to exploit these assets freely, resulting in significant commercial losses. At Efeo�lu Law and Consultancy, we provide comprehensive legal services to protect your brand and creative works from the very outset.

Trademark Law

A trademark is one of a business's most valuable assets. Under the Industrial Property Code No. 6769, trademark registration gives rise to an exclusive right preventing others from using the mark on identical or similar goods and services. Although registration is not mandatory, it is decisive in terms of the burden of proof in the event of a dispute.

• Preparation of trademark registration applications in Turkey and management of the T�rkpatent process
• International trademark registration (Madrid Protocol and EUIPO)
• Trademark renewal, assignment and licence agreements
• Objections to similar trademark applications (relative grounds for refusal)
• Invalidity and cancellation proceedings
• Interim injunctions and compensation claims in cases of trademark infringement

For the drafting and negotiation of trademark licence and assignment agreements, please see our work in Contract Law.

Patents and Utility Models

Protecting inventions prevents competitors from using them without authorisation, giving businesses a significant competitive advantage. The choice between a patent and a utility model involves differences in protection duration, examination intensity and application cost.

• Technical and legal preliminary assessment of patent applications
• Patent and utility model applications before T�rkpatent
• Support for European Patent Office (EPO) and PCT applications
• Representation in patent opposition and invalidity proceedings
• Negotiation and drafting of patent licence agreements
• Pursuing legal remedies in cases of patent infringement

Industrial Design Law

The appearance, aesthetic characteristics and distinctive form of a product can be protected against competitors through registered design protection. Although unregistered designs enjoy some protection, registration provides a clear advantage in terms of both ease of proof and security of protection.

• Design registration applications in Turkey and the EU
• Representation in design infringement proceedings
• Opposition to competing designs and invalidity processes
• Drafting design licence and assignment agreements

Copyright

Copyright is a right conferred on the author automatically and without any registration requirement. Written works, music, software, photographs, films and architectural projects all fall within this protection. As unauthorised use and sharing in digital environments becomes more prevalent, copyright infringements are also on the rise.

• Identification of copyright infringements and securing evidence
• Sending cease-and-desist letters and settlement negotiations
• Copyright infringement compensation proceedings
• Representation in authorship and licence disputes
• Licence agreements specific to software, music and audiovisual works
• Copyright law assessment of AI-generated content

Trade Secrets and Confidential Information Protection

Confidential information such as formulae, algorithms, customer lists and business processes forms the foundation of a business's competitive advantage. The theft or leaking of such information causes damage that is difficult to remedy, both materially and morally.

• Drafting non-disclosure (NDA) and trade secret agreements
• Legal measures against information leaks originating from employees
• Representation in unfair competition and misappropriation proceedings
• Preparation of emergency interim injunction applications

Unfair Competition and Trademark Infringement

Imitation of a trademark, logo or product appearance by competitors; production of counterfeit products; misleading advertising and damage to reputation are subject to sanction under the unfair competition provisions of the Turkish Commercial Code.

• Urgent legal action against counterfeit products and packaging infringements
• Applications for seizure of counterfeit goods at customs
• Actions against misleading advertising under competition and commercial law
• Domain name disputes and UDRP proceedings
• Takedown processes for online intellectual property infringements

For the unfair competition dimension of trade names and brand assets under the TCC, please see our work in Commercial and Corporate Law.