TÜRKIYE Law and Practice Contributed by: Korcan Dericioğlu, Gonca Adalı Başmakcı, Ekin Karakuş Öcal and Önder Erol Ünsal, Ankara Patent
• making explanations concerning the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or rendering of the services (or other characteristics of the goods or ser - vices); and • situations where it is necessary to indicate the intended purpose of a product or service – in particular, as accessories or spare parts or equivalent products. 2.4 Use in Commerce To establish use of a trade mark, the use should be genuine use and the defendant must use the sign as a trade mark. Purely descriptive use can - not establish the genuine use of a sign in Türkiye. 2.5 Notices and Symbols There is no specific requirement for using sym - bols, such as ® or the superscript TM symbol. Therefore, using symbols or phrases such as the superscript TM is optional and not mandatory. 2.6 Related Rights A trade mark that is also eligible for copyright protection can be protected as a copyright too. Besides, an application for registration of a trade mark will be refused upon the opposition of the rights-holder if it consists of a person’s name, trade name, photography, copyright or any other IP right of another. 3. Copyright Ownership, Protection and Rights 3.1 Types of Copyrightable Works In Türkiye, the copyright regime identifies types of works into four main categories – namely, sci - entific and literary works, musical works, works of fine art, and cinematographic works. These
categories are defined according to the numerus clausus principle. These main categories include various types of works eligible for copyright protection – for example, musical compositions, choreographic works, paintings, sculptures, and architectural designs. Additionally, software and databases are also protected as literary works. Industrial designs are primarily protected under the IP Law. It is stated in the IP Law that “the design protection provided under this law shall not prejudice the protection provided by the Law on Intellectual and Artistic Works, if it meets the conditions required by the Law on Intellectual and Artistic Works No 5846”. 3.2 Essential Elements of Copyright Protection Under the Copyright Law, a work is eligible for copyright protection if it cumulatively fulfils the following criteria: • the work must bear the characteristics of its author (ie, originality); • the work must be fixed in a tangible medium; and • the work must fall within one of the specified categories of works outlined in the Copyright Law. 3.3 Copyright Authorship The individual who created a work is recognised as its author. Works created by non-human enti - ties such as AI or animals would not qualify for copyright protection under Turkish law. Authorship for Works Made for Hire In these scenarios, a “contract of work” under the Turkish Law of Obligations is presumed. Generally, the economic rights or usage rights
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