TÜRKIYE Law and Practice Contributed by: Korcan Dericioğlu, Gonca Adalı Başmakcı, Ekin Karakuş Öcal and Önder Erol Ünsal, Ankara Patent
to establish ownership and aid in identifying infringements. Additionally, there is a voluntary recording and registration system. This type of registration does not qualify a work for copyright protection either, but it acts as a method of time-stamping, securing the creation date, and providing evi - dence of ownership. This framework of copyright protection in Türki - ye applies both to individuals and organisations, including foreign entities. 3.8 Copyright Application Requirements The copyright registration process requires applicants to complete certain petitions and forms based on the type of work. The process is described as straightforward and the fees involved are generally minimal. These fees vary depending on the nature and scope of the work being registered. 3.9 Refusal of Registration In Türkiye, copyright protection is automatically conferred upon the creation of a work, thereby eliminating the need for registration to acquire such protection. Consequently, there is no prac - tice of issuing a refusal decision by the Copy - right Office that would affect this protection. 3.10 Related Rights Trade mark protection and copyright protection operate independently within their own legal frameworks. In some cases, a creation might be eligible for both copyright and trade mark pro - tection, but under different aspects. So, in certain circumstances, copyrights may also receive protection under trade mark law. This cumulative protection is contingent upon
the work meeting the necessary criteria for trade mark protection.
4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration Trade mark registration provides major benefits to the proprietor. By way of example, the pro - prietor: • enjoys an exclusive right to use the mark on designated goods or services; • may claim an injunction against unauthorised trade mark use; • may claim damages caused by trade mark infringement; • has the right to license third parties to use the registered mark; and • may file an application for customs seizure based on the trade mark registration. However, there are provisions related to unfair competition in the Commercial Law and the IP Law for the protection of unregistered trade marks. The IP Law states that if a sign is used during trade prior to the date of application or the claimed priority date for the application to register a trade mark, the trade mark applica - tion shall be refused upon opposition from the proprietor of that prior sign if significant use is proved. 4.2 Trade Mark Register TÜRKPATENT is the only authority authorised for trade mark registration. During the substantive examination by TÜRK - PATENT, signs that are identical to or indistin - guishably similar to a trade mark (that has been registered or for which registration has been
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