In today’s competitive business world and the ever-evolving age of technology, intellectual and industrial property rights have become one of the most valuable assets of businesses and individuals. Trademarks, patents, designs, works, and other intellectual property elements provide their owners with significant economic and prestige advantages. Protecting these rights and defending them through legal means when they are violated entails complex legal processes requiring specialized expertise. Specialized Intellectual and Industrial Property Rights Courts have been established in Türkiye to handle such disputes. Antalya, due to its regional and economic importance, is home to one of these specialized courts.
In this article, we will discuss in detail the jurisdiction of the Specialized Intellectual and Industrial Property Rights Court in Antalya, the types of cases it handles, its legal basis, and the basic points to be considered in disputes in this area.
The Concept and Importance of Intellectual and Industrial Property Rights
Intellectual and industrial property rights represent individuals’ rights over the products resulting from their intellectual endeavors. These rights contribute to economic development by encouraging creativity and innovation.
What does intellectual property rights cover?
Intellectual property rights generally refer to works protected under the Law on Intellectual and Artistic Works (FSEK). These are divided into categories such as scientific and literary works, musical works, works of fine art, and cinematic works. For a work to be protected as an intellectual or artistic work, it must bear the author’s individuality and be formally formed. Intellectual property rights grant the author financial and moral rights.
What Do Industrial Property Rights Cover?
Industrial property rights, on the other hand, encompass innovations and distinctive signs used in industry and commerce. They are primarily protected by the Industrial Property Law (IPL). The main industrial property rights are:
* Trademarks: These are signs that enable a business to distinguish its goods or services from the goods or services of other businesses.
* Patents and Utility Models: Provide protection for inventions. Patents require a higher level of innovation, while utility models are suitable for simpler inventions.
* Designs: These are the appearance features of all or part of a product.
* Geographical Indications and Traditional Product Names: Indicates products originating from a specific geographical area and having characteristics specific to that region.
* Integrated Circuit Topographies: Preservation of three-dimensional arrangements of electronic circuits.
* Plant Breeder Rights: Special rights granted to developers of new plant varieties.
The Necessity of Specialized Courts
Intellectual and industrial property law is a field requiring unique terminology, complex legislation, and technical expertise. Therefore, it can be difficult for general courts to provide sufficient expertise in such cases. Specialized courts were established to ensure faster, more accurate, and more consistent resolution of cases in this area. Judges in these courts have received specialized training and experience in intellectual and industrial property rights.
Legal Basis of Intellectual and Industrial Property Rights Courts
The courts responsible and authorized to resolve disputes regarding intellectual and industrial property rights law are determined within the framework of Article 5 of the Law No. 5235 on the Establishment, Duties and Powers of the First Instance Courts of Judiciary and Regional Courts of Justice and other relevant articles of law.
Relevant Legislation
The main laws that form the basis for lawsuits in the field of intellectual and industrial property rights are as follows:
* Law No. 5846 on Intellectual and Artistic Works (FSEK): Regulates the rights of the owners of the works.
* Industrial Property Law No. 6769 (SMK): Contains provisions regarding trademarks, patents, designs, geographical indications and traditional product names and integrated circuit topographies.
* Code of Civil Procedure No. 6100 (HMK): Determines the trial procedure.
* Turkish Code of Obligations No. 6098 (TBK): It is complementary in terms of compensation and tort provisions.
* Turkish Commercial Code No. 6102 (TTK): Unfair competition provisions and other regulations regarding commercial enterprises.
The Purpose of Specialization
Specialization aims to improve the quality of litigation, expedite proceedings, and ensure legal certainty. Specialized intellectual and industrial property rights courts aim to develop standardized practices and ensure uniform judicial precedents in cases in this specialized field. This allows parties to more predictably pursue their legal remedies.
The Role of the Specialized Intellectual and Industrial Property Rights Court in Antalya
In certain major cities in Türkiye, there are specialized courts for intellectual and industrial property rights. These courts are determined by the Council of Judges and Prosecutors (HSK) upon a proposal from the Ministry of Justice.
Which Courts Are Designated as Specialized Courts?
Cases related to intellectual and industrial property rights are heard by the Civil Courts of First Instance or the Commercial Courts of First Instance, designated by the Council of Judges and Prosecutors (HSK), as specialized courts. Antalya also has Civil Courts of First Instance designated for this purpose. These courts have extensive expertise in this area, handling disputes solely in the area of intellectual and industrial property rights.
Antalya’s Regional Importance
Antalya is one of Türkiye’s major tourism, agriculture, and trade centers. Numerous domestic and foreign investors operate in the region, leading to an increase in disputes related to intellectual and industrial property rights. Trademark infringement in the tourism sector, geographical indication and plant breeder rights violations in the agricultural sector, and patent and design infringement in general commercial activities are frequently encountered issues. This high density makes the presence of a specialized court in Antalya essential. The specialized court in Antalya plays a crucial role in resolving disputes not only in the city center but also in surrounding provinces and districts.
Cases and Disputes within the Jurisdiction
The Antalya-based Specialized Intellectual and Industrial Property Rights Court handles a wide range of intellectual and industrial property rights cases. These cases generally involve claims for the detection of infringement, the prevention of infringement, the cessation of infringement, material and moral compensation, and the annulment and cancellation of rights.
Trademark Law Cases
* Detection, prevention and suspension of trademark infringement cases.
* Material and moral compensation lawsuits due to unfair use of the trademark.
* Trademark registration invalidity and cancellation cases.
* Disputes arising from actions such as the production and sale of imitation products without the consent of the trademark owner.
Patent Law Cases
* Cases for detecting, preventing and stopping infringement of patent or utility model rights.
* Material and moral compensation cases due to rape.
* Patent or utility model invalidation cases.
* Disputes arising from license agreements.
Design Law Cases
* Cases for detecting, preventing and stopping infringement of design rights.
* Compensation lawsuits arising from infringement of design rights.
* Cases of invalidation of design registration.
Cases Regarding Intellectual and Artistic Works Law
* Cases regarding determination of copyright.
* Cases for detecting, preventing and stopping infringement of financial and moral rights on the work.
* Compensation lawsuits arising from actions such as unauthorized reproduction, dissemination, or representation of the work.
* Lawsuits regarding unlicensed publication and reproduction.
Integrated Circuit Topographies and Plant Breeders’ Rights
Cases involving rights violations and registration cancellations in these specific areas also fall under the jurisdiction of specialized courts. Disputes regarding plant breeder rights can be particularly significant in Antalya, where the agricultural sector is highly developed.
Unfair Competition Cases and Intellectual Property Rights
In cases where unfair competition provisions under the Industrial Property Law and the Turkish Commercial Code directly relate to the infringement of an intellectual or industrial property right, these cases may fall within the jurisdiction of specialized courts. For example, imitation of a trademark may constitute both trademark infringement and unfair competition.
Authority Rules and Application
Determination of the competent court in intellectual and industrial property rights cases may vary depending on the type of case and the situation of the parties.
General Authority Rule
According to the Code of Civil Procedure, the court with general jurisdiction is the court of the defendant’s domicile. However, because special jurisdiction rules apply to intellectual and industrial property rights cases, these special rules generally apply.
Special Authority Rules
In the field of intellectual and industrial property rights, the Industrial Property Law and the Law on Intellectual and Artistic Works, in particular, grant jurisdiction to courts other than the defendant’s place of residence:
* Infringement Prevention, Stopping, and Compensation Cases: The court where the plaintiff resides or the court where the infringement occurred also has jurisdiction. This allows the rights holder to file a lawsuit more easily. For example, if a trademark is imitated in Antalya, the Antalya Specialized Court will have jurisdiction even if the trademark owner resides in another city.
* Invalidity and Cancellation Cases: In cases filed to invalidate or cancel a registered right, the court in the defendant’s place of residence or the court where the registry records are located (Ankara, where the Turkish Patent and Trademark Office is located) generally has jurisdiction. However, when the invalidity claim is brought as a defense within an infringement case, the specialized court presiding over the infringement case may also rule on this matter.
* Contractual Cases: In cases arising from contracts related to intellectual and industrial property rights, such as license agreements, the court of the place agreed upon in the contract or the place of performance of the contract may also have jurisdiction.
Binding Authority of Specialized Courts
Specialized courts designated by the Council of Judges and Prosecutors (HSK) are responsible for hearing all intellectual and industrial property rights cases within their jurisdiction. In other words, even if a plaintiff or defendant deems another court competent under general jurisdiction rules, if the case falls within the scope of intellectual and industrial property rights and a specialized court exists in that jurisdiction, the case must be heard by that specialized court. This is fundamental to ensuring specialization and consistency in litigation.
Judicial Process and Expertise
The litigation process in intellectual and industrial property rights cases requires special attention and expertise due to its technical and legal complexity.
Evidence and Expert Review
In such cases, technical knowledge is often required to determine issues such as the existence of infringement, its scope, and the amount of compensation. Courts reach their decisions on this matter by obtaining reports from expert witnesses. Expert witnesses from various disciplines, such as trademark experts, patent engineers, software engineers, and financial advisors, provide critical reports that influence the course of the case. The collection, preservation, and presentation of evidence are also crucial in these cases.
Things to Consider During the Trial
Intellectual and industrial property rights lawsuits can be lengthy and costly. Therefore, thorough preliminary investigation, complete collection of evidence, and the development of a sound strategy are crucial before filing a lawsuit. Throughout the legal process, interim decisions such as interim injunction requests and evidence collection play a critical role in preventing loss of rights and ensuring the efficient conduct of litigation.
The Specialized Intellectual and Industrial Property Rights Court in Antalya plays a key role in protecting intellectual and industrial property rights in the region. This court’s jurisdiction encompasses a wide range of disputes concerning industrial property and intellectual and artistic works. Due to the complex legal structure, the need for technical expertise, and specific jurisdictional rules, litigation in this area can be handled more effectively and successfully with the support of expert legal professionals. To protect your rights and ensure the proper management of legal processes in the event of potential violations, seeking legal counsel experienced in intellectual and industrial property law will best protect the interests of rights holders.