Our intellectual and industrial property law department provides services in all areas of intellectual and industrial property law, including trademarks, copyrights, industrial designs, patent rights, domain name disputes, protection of trade secrets and unfair competition.
Our services in the field of intellectual and industrial property law are not limited to consulting services, but also include monitoring the observance of industrial rights at the Turkish Patent Institute and representation services for our clients at all stages of litigation and disputes.
Considering the management of intellectual and industrial property rights as a strategic issue, thanks to our team and system, we do not only protect the intellectual property rights of our clients, but also support our clients in the strategic management of intellectual property as Sabur Law and Consultancy.
Our team is familiar with legal regulations in Turkey, and our familiarity with international regulations adds value to our consultancy services.
In the event of violation, the trademark owner can claim compensation for all damages incurred. In determining the amount of this damage, amount of profit that the owner of the trademark is deprived of, potential benefit that a victim might receive using his own brand, or license fee that must be paid if the trademark was used under the license agreement is also taken into account.
If violator of trademark right uses trademark incorrectly or improperly, the owner of the trademark has the opportunity to demand additional compensation for damage to brand's reputation.
Subject of confiscation of goods, production or use of which requires imposition of a fine due to violation of the right to a trademark, and vehicles used to produce these goods, transfer of ownership of the confiscated goods to victim and destruction of these products and vehicles are subject to special regulation.
Industrial property rights such as trademarks, patents, designs, utility models and geographical indications must be registered on behalf of the owners of the marks, which will allow the manufacturer or seller to distinguish themselves from the goods produced and sold in trade area on behalf of the first performers / inventors of inventions and innovations, new designs and original works and, therefore, rights that enable these persons to have the right to manufacture and sell a product for specified period of time.
For the solution or development of a technical problem in any field of industry, conditions "Innovation", "Exceeding the prior art" and "Industrial applicability" specified in Decree-Law No. 551 are applied in relation to inventions that are provided to the inventor or the person who discovers it, so called rights. For invention to be protected as a patent, all these 3 criteria must be met.
The most important thing about patents is that when operating various databases and publicly available documents of the patent wants to solve a technical problem, they should examine these databases and check whether there is an invention that solves the technical problem before starting to make an invention. Otherwise, even if he has made a similar invention with his own effort, without searching the database, without knowing it, he will not be able to obtain the right to use this already patented invention and may be subject to a penal sanction if he uses it.
According to Article 73 of Decree Law No. 551, Patent owner benefits from patent rights without making any distinction regarding the place of invention, field of technology and whether products are imported or domestically produced.