Intellectual and Industrial Property Rights Law and Litigation

Intellectual property rights; With its conceptual definition, it means all of the material and moral rights and neighboring rights that people can have on the works they create with knowledge and effort. These works are works given in fields such as science, literature, fine arts and cinema. Industrial Rights, with its conceptual definition, on behalf of the first practitioners of inventions, innovations, new designs and original works in industry and agriculture; It is an intangible right that ensures that the marks on the goods produced and sold in the trade area, which will enable them to distinguish the manufacturer or seller, are registered in the name of their owners and thus the first implementers have the right to produce and sell the product for a certain period of time. The rights to inventions, innovations and designs in industry and agriculture constitute the subject of industrial rights.

Intellectual and industrial property law, which is generally gathered under seven headings, including intellectual and artistic works, integrated circuit topographies, breeder’s rights on new plant varieties, patent, industrial design, geographical indications and trademark, protects the material and moral rights that may be possessed on a work, and It is the branch of law that makes legal arrangements about rights. Intellectual and industrial property rights, on the other hand, are all original designs and confidential or open information (intangible assets) produced by an enterprise such as all products, methods, documents, visuals, identity elements, works of art, and their use, conversion into products, reproductions. rights such as distribution, dissemination and sale. In fact, intellectual and industrial property is the property law that belongs to a person or an organization. It covers many issues from unauthorized use of works to marketing, unauthorized reproduction, patent licensing procedures.

Intellectual property in a competitive and globalizing world; trade relations, technological developments, investments and as a result of these, it is one of the factors that affect economic development and growth. Since the products produced by all legal and real persons, the works they create, the designs they create, inventions and innovations and all similar concepts have become vulnerable to infringement and in need of protection, it is also of great importance to legally protect creative ideas and works. As a result of the developments in science and technology, with the development of the copying technique recently, the violation and importance of the financial and moral rights arising from the ownership of the work is increasing day by day in our country as well as in the globalizing world. Intellectual property law, which aims to prevent and protect intellectual and industrial property violations that cause unfair competition and unfair profits and cause serious damage to the economy, and constantly renews itself; The fact that it has become an important and specialty area in our judicial system as well as in our socio-economic life with its contributions to the intellectual, design and legal capacity of our country has made it necessary for lawyers to specialize in these matters on their own.

Protection provided by specialization in intellectual and industrial property law and rights; It contributes to economic growth by encouraging the production of quality products and services, maintaining a fair competition, sustaining innovation and creativity, promoting new technologies, artistic activities and inventions. Therefore, obtaining legal services from lawyers who have legal equipment and experience and are knowledgeable in basic sciences and innovative technologies can be of crucial importance in achieving commercial goals.

Güneş & Güneş Law Firm with over 25 years of experience, knowledge and experience; provides consultancy and advocacy services to its clients in all areas of intellectual and industrial property law, especially on trademarks, patents, utility models, designs, licenses and copyrights. In addition to presenting the most appropriate roadmap to our clients with a deep research on pre-registration research regarding these rights, conducting and licensing procedures for registration applications, we also provide protection of trade secrets, copyrights, ideas, works of art, trademarks, patents, designs, and their use or use. Preparation of license or transfer agreements, making trademark registration applications, preparing transfer agreements of financial rights, filing and following up all kinds of lawsuits related to trademark rights and unfair competition within the scope of our advocacy services. To suspend the unfair and unlawful use and violations by third parties of the trademarks of our clients, of which they are the real right holders, to invalidate the unfair registrations obtained in this context, to take legal action against and against the usurpation of the trademark right and intellectual and industrial property rights violations and to file all kinds of lawsuits. provides support and service.

Opinion of Our Attorney and Law Firm to Domestic and Foreign Clients in Antalya and Turkey and Main Legal Services Provided in the Field of Industrial Property Property Law are as follows:

• Making and Following Trademark or Patent Applications in Turkey, Legal Assistance in the Registration Application to the Turkish Patent Institute for the Protection of Trademarks, Patents and Industrial Designs, Dealing with Trademark Objections and Cancellation, Establishment, Registration, Use of Intellectual and Industrial Rights, Informing the Clients on How to Legally Protect their Industrial Rights such as Trademark, Patent, Utility Model and Design, Application, Registration Procedures and Decisions of the Turkish Patent and Trademark Office within the Scope of Disputes Originated from the Registration. Objection and Litigation Legal Support, Consultancy and Advocacy Service,
• Advocacy and Legal Counseling through Mediation, Arbitration, Litigation and Enforcement Ways for the Removal of Patent, Trademark and Copyright Violations, Theft of Trade Secrets, Unfair Commercial Practices, Performance of Confidentiality and Non-Compete Agreements and Other Intellectual and Industrial Rights Violations and Prevention of Loss of Rights of Our Clients Providing Consultancy Services on the Negotiation and Preparation of Intellectual Property Agreements, License Agreements, Agreements Regarding the Transfer of Registered Trademarks and Patents, Technical Assistance Agreements, Technology Transfer Agreements, Management Agreements, Distribution Agreements and Franchise Agreements,
• Technology Licensing; Counseling on Copyrights, Trade Secrets and Unfair Competition; Conducting Intellectual Property Research in Company Acquisitions or Transfers, Transfer Agreements Regarding the Transfer of Trademark, Patent, Utility Model and Industrial Design Rights Including Confidentiality and Non-Compete Agreements, Know-How, Copyright, Franchise and Drafting and Reviewing Royalty Agreements, Licensing (Including Software and Other Technology Licensing), Joint Venture/Strategic Partnership, Technology Transfer, Production, Distribution, Preparation of Development and Employment Agreements, Dealership, and Intellectual Property such as Sponsorship Agreements Legal Support Advocacy Service for Interpretation of Focused Commercial Contracts, Revision of Contracts with Amendments, Following the Negotiation Process of Contract Provisions, Monitoring the Implementation of These Contracts and Preparation of Cancellation or Termination Conditions when Necessary, Reporting Due Diligence,
• Domestic and International Registration of Intellectual Property, Pre- and Post-Dispute Services Related to Trademark Law and Design Law, Litigation before Intellectual and Industrial Rights Courts with Specialized Courts as Trademark/Design Lawyers and Execution of Legal Services in This Scope, Representation Before High Judicial Bodies Preparation, Evaluation, Review, Renewal of Contracts Related to Brand and Design; Providing All Kinds of Consultancy and Advocacy Services Related to Brand and Design,
• Before TÜRKPATENT and Trademark Institution, Trademark/Design Application, Objection to Trademark/Design Publication, Objection to the Decisions of TÜRKPATENT Trademarks Department, Re-Objection Procedures Before the TÜRKPATENT Re-examination and Evaluation Board (YİDK) and Cancellation of the Intellectual and Industrial Rights Courts, TÜRKPATENT’s Decision Providing Legal Consultancy Services Regarding All Lawsuits Related to Design Law, Especially the Cases of Design Invalidity Case, Infringement of Design Right, Extortion of Design Right, Litigation of These Cases, and Objection to the Registration Applications of Third Parties, Turkish Patent Institute Re-evaluation Board Advocacy Service Regarding Trademark/Design/Patent Law for the Defense of Our Clients, Representation of Clients in All Kinds of Objections and Cancellation Process,
• Lawsuits for Pecuniary and Moral Compensation in Disputes, Violations and Violations arising from Intellectual and Industrial Rights, Lawsuits for Violation of Trademark Right and Name, Refund Lawsuits for Violation of Trademark Right and Name, Detection and Protection of Trademark and Patent Rights, Existence of Violation Evidence Detection Litigation, Copyright Litigation, Design Protection Cases, Unfair Competition Law (Taking Precautions Against Unfair or Deceptive Trade Practices and Actions and Protecting Clients, Lawsuits for Violation of the Prohibition of Competition, Internet Law Counseling, Appeals Before the Civil and Criminal Courts) And Advocacy Service Regarding Trademark/Design/Patent Law for the Opening, Execution and Completion of All Lawsuits Regarding Trademark and Patent Infringement,
• Trademark and Patent Registration and Objection Cases, Precautionary Measures in Infringement of Trademark, Patent, Design Rights, Raid and Seizure Actions, Trademark and Patent Cancellation Cases, Coordination of Trademark and Patent Rights Controlling, Inspection, Trademark, Patent, Design Pledge, License and Seizure, Copyright Detection and Compensation Lawsuits, Indemnity Lawsuits, Inspection of Copyrights, Prevention of Abuse of Trade Secrets, Infringement of Trademark Rights and Unfair Competition Lawsuits, Positive and Negative Decision Lawsuits Trademark/Design in Subjects such as Dispute Lawsuits, Material, Moral Indemnity and Reputation Compensation Lawsuits, Trademark Invalidity Lawsuits, Actions for Cancellation of Trademarks Due to Non-Use, Cancellation Actions Against the Decisions of the Turkish Patent and Trademark Office, Preliminary Injunction Requests and Processes / Attorney Service on Patent Law,
• Intellectual and Artistic Works, National and International Disputes Arising from Intellectual Law, Disputes Arising from Ownership of Works and Works, Disputes Arising from Ownership of Scientific and Literary Works, Disputes Arising from Ownership of Fine Art Works, Disputes Arising from Ownership of Musical Works, Disputes Arising from Ownership of Cinematic Works, Written Works Advocacy Services for the Law of Intellectual and Artistic Works and its Subjects, with an Expert Staff, in All Laws of Intellectual and Industrial Property Rights, in particular Disputes Arose from Ownership and Related Disputes arising from Ownership of Rights,
• According to the Law No. 5846 on Intellectual and Artistic Works; The Crime of Making the Work Public and Publishing Without the Permission of the Author, which falls within the jurisdiction of the Intellectual and Industrial Rights Criminal Court; The Crime of ‘Naming’ the Work of Others as One’s Own Work; Offense of Not Citing Sources or Giving Misleading, Insufficient Sources; Offense of Disclosure to the Public About the Content of an Unpublished Work; The Crime of Duplicating, Distributing and Publishing Using the Name of a Famous Person; Criminal Advocacy Service for Suspect, Defendant or Participant Defense in Criminal Investigation and Prosecution Due to Intellectual Property Crimes Regarding Computer Programs,
• Intellectual Property Rights such as Scientific and Literary Works, Music Works, Fine Arts, Cinema Works, Computer Programs and Databases and Industrial Property Rights of Individuals and Enterprises such as Patents and Utility Models, Industrial Designs, Trademarks, Geographical Indications, Topography of Integrated Circuits Within the framework of the Constitution and Law on Intellectual and Artistic Works, Bern Agreement, Rome Agreement, WIPO Copyright Agreement and WIPO Performances and Phonograms Agreement, And Also National Legislation, Industrial Property Law, New Plant Varieties Law, Integrated Circuit Law, Animal Breeding Law, International Legislation , Trade-Related Intellectual Property Rights Agreement, Paris Agreement, European Patent Agreement, Madrid Protocol Regarding the Registration of Trademarks, Patent Cooperation Agreement, All Kinds of Legal Support, Consultancy and Advocacy Services in the Light of the Hague Agreement on the Registration of Designs, Intellectual and Industrial Property Rights Law,
• In the event that the works are published by third parties without the permission of the right and work owners on the Internet Sites under Protection under the Law on Intellectual and Artistic Works No. 5846; Legal Support and Advocacy Service for Making Necessary Administrative and Judicial Applications and Following the Process for Closing the Links of Books, Series, Films, Photographs, etc., which are shared on the Internet without the consent of the work or the right owner,
• Preparation of Producer, Actor, Artist, Work, Advertisement, Management, Film Series and Music Production Contracts; Legal Consultancy Services on Program Production, Television Programs and Advertising Law; Representing Local and International Clients in the Field of Trademark and Copyright Law, Particularly Copyright Violations, Performing Other Representation Procedures Before Professional Associations, Providing Legal Consultancy Services Regarding the Sales of Music and Video Contents on the Internet and Other Media, Opinions Within the Scope of the Law on Intellectual and Artistic Works And In case of Violation of Rights on Intellectual Products of Artists, Phonogram Producers, Film Producers and Radio-Television Organizations with the Owners of the Works Who Created Artworks and Performers Who Perform or Interpret These Works, Secession of Rape, Refund of Rape and Compensation Lawsuits, Follow-up of Criminal Cases, Determination of Ownership Objection Against Withdrawal, Providing Representation and Legal Counseling Services in Lawsuits Regarding Unfair Competition in Terms of Creations that do not have the Quality of Work,
• Musical Works, Scientific and Literary Works, Paintings, Sculptures, Photographic Works, Graphic Works, Architectural Works, Cinema Works, Television Formats, Sports Programs, Computer Software and Databases, Algorithms, Source Code, which are in the Application Field of the Law of Intellectual and Artistic Works. , Transfer of Financial Rights Agreement in Mobile Applications And Related Rights Agreements, License Agreement, Publication Agreement, Film Production Agreement, Stage, Broadcasting and Music Performance Agreements, Computer Software Words Legal Counseling Service for Various Legal Transactions such as Marketing, Advertising Agency Services Agreement, Work Order Agreement, Management Agreement, Inspection of Copyrights,
• Cinema Law, TV Series Law, Music Law, Resolution of All Kinds of Copyright Disputes Related to Science and Literary Works, Determination of Right Ownership in the Creation of Works, Prevention of Violation of the Financial and Spiritual Rights of Authors and Performing Artists, Compensation Cases Due to Copyright Violation, Copyright Follow-up of Criminal Cases Based on Violation of Rights, Follow-up of Compensation Cases for Rape, Preparation of Contracts for the Transfer of Financial Rights and the Use of Moral Rights, All Kinds of Litigation and Consultancy Services Regarding the Copyrights of Performing Artists, – Litigation and Consultancy Services for the Resolution of Disputes within the Scope of Copyrights,
• Case for Determination of Evidence, Litigation for Compensation Due to Infringement of Trademark, Case for Suspension of Infringement Acts, Case for Confiscation of Goods whose Production and Use Requires Punishment and Tools Used to Produce This Good, Case for Recognition of Ownership on the Seized Product, Taking Measures, Deletion of Brands Disposal of Vehicles, Criminal Lawsuits for Infringement of Trademark Rights, National and International Research, Registration, Protection and Transfer of Trademarks, Patents, Industrial Designs and Utility Models, Copyrights, Prevention of Misuse of Trade Secrets, Consultancy on Intellectual Property Rights in Mergers and Acquisitions Advocacy Service for Providing Services,
• Preparing Opinion Regarding Validity and Violation, Following Infringement and Cancellation Litigation Procedures, Following the Process for Trademark Infringement via the Internet, Performing Other Representation Procedures Before Professional Associations, Providing Legal Consultancy Services Regarding the Sales of Music and Video Contents on the Internet and Other Media,
• Scientific and Literary Works which are Intellectual and Artistic Works, Musical Works, Fine Art Works, Painting, Sculpture, Architectural Works, Handicrafts, Decorative Art Products, Fashion Designs, Photography, Graphics, Caricature, All Kinds of Types, Cinema Works, Processing And Protection of the Rights of the Author, Including Collections, Ensuring the Material and Moral Rights in the Face of Violations of the Rights of the Author, Public Presentation within the Scope of the Spiritual Rights of the Authors; (Authority to Reveal the Work, Present it to the Community, Publish, Display, Provide Information About the Unpublished Work), Authorization to Determine the Name of the Work, Prohibition of Making Changes in the Work, Prohibition Power, Requesting the Protection of the Work from the Owner or Owner of the Work, In Some Cases, To Be Returned Afterwards Ensuring and Protecting the Rights of Request for Exhibit and All Kinds of Consultancy and Advocacy Services on These Issues,
• Implementation of Civil and Penal Sanctions in Violation of the provisions of the Law on Intellectual and Artistic Works (FSEK), Ways to be applied by the Author in the Case of Violation of the Material and Spiritual Rights of the Author specified in the Law, Legal Actions and Criminal Prosecution, Following the Legal Actions That May Be Opened According to the Nature of the Violation, Rights on the Work Refund of Rape, Case for Removal of Violation (FSEK Art.66), In case of Violation of Moral Rights, According to the Type of Violation, Prevention of Rape, Requesting Announcement in the Gazette Regarding the Prevention of Rape, Reinstatement, Request for Correction by Announcement, (FSEK M.67) ), Request for Compensation in the Case of Violation of Financial Rights (FSEK Art. 68), Advocacy Service in Cases of Prohibition (Prevention) of Possible Violation and Violations of Financial and Moral Rights on the Work (FSEK M.69), Compensation Case (FSEK Art. 70),
• Within the Scope of Legal and Penal Sanctions in the Case of Violation of Industrial Property Rights, the Claims of the Right Holders in the Case of Infringement of the Industrial Property Right in the SMK with the Legal Action brought by the Right Owner whose Industrial Property Right is Violated (SMK Article 149) A) Determination of Whether the Act Is Infringement, ) Prevention of Possible Rape, C) Stopping the Acts of Rape, Ç) Compensation for pecuniary and moral damage by the abolition of rape, D) Products that cause rape or necessitate punishment, and the production of products such as devices, machines, etc., which are exclusively used in their production, and the production of other products other than the products subject to rape. Confiscation, E) Recognition of Ownership on Products, Devices and Machines Seized Pursuant to (D) Clause, F) Taking Measures to Prevent Continuation of Rape; In particular, the Costs Belong to the Rapist, Changing the Shape of Confiscated Products and Vehicles such as Devices and Machinery, Deletion of the Trademarks on them, or Destroying if Inevitable to Prevent Infringement of Industrial Property Rights, G) Expenses to the Other Party in Case of Existence of a Justified Reason or Benefit Daily Gaze of the Finalized Decision to Belong Announcement or Notification to the Related Persons Whole or Summarized by Means or Similar Means, Along with All These, the Right Owner, Requesting Compensation for the Damage Suffered Due to the Violation of the Industrial Property Right (SMK M.150) (SMK M.151) Advocacy Service in Lawsuits,

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