OVERALL PROPERTY RIGHTS

– DEFINITION, PURPOSE, SCOPE


The general definition of the concept of "Industrial Property" is a definition of an intangible right which enables the inventions, novelties, new designs and specific works in the industry and agriculture to be recorded in the name of the first practitioners thereof or in the name of the owners of the signs on the goods manufactured and sold commercially, which allow the manufacturer or seller thereof to be distinguished, and hence allows the first practitioners to have a right to produce and sell the product for a certain period of time. Industrial Property rights include patents and utility models, trademarks, industrial designs, geographical indications and topographies of integrated circuits.
Industrial property rights are the intangible rights.

– HISTORICAL DEVELOPMENT

Given the historical process, the countries have been observed to use two different systems to protect the industrial property rights, namely production-based industrial property rights (privileges) and product-based industrial property rights (patents). Countries that have completed their industrialization with industrial property based on privileged production have switched to the production-based industrial property, that is, the patent system.

Although there is no definite consensus on whether the first patent was granted in Venice, Florence or England;

According to some, the document given to the famous architect and inventor Filippo Brunelleschi in 1421 in the Republic of Florence for the ship he designed to transport “Carrara marble” for his famous architectural work "Duomo of Florence" is the first real patent. According to some, it is a document given to John Utyman in 1449 by King Henry VI, which provides a 20-year protection for a glassmaking process used by the Venetians, but not known in England.

In short, it is not possible to assign the first patent to a certain country. But the first patent law on which everyone agreed is the patent law adopted by the Republic of Venice on March 19, 1474.

The Monopoly Law, which forms the basis of modern patent laws today, has remained in force for many years without any change.
In 1790, patent law came into effect in the USA. Immediately after, the patent law was enacted in France in 1791.

While the technology developed at an unprecedented pace, Patent laws began to appear in other countries in the world one by one. Patent laws came into force in Russia in 1815, in Italy in 1864, in Germany in 1877, and in Japan in 1885.

While the monopoly rights and patent laws came out one after another in the world, the Ottoman Empire did not stay away from this either and became one of the first countries to make regulations in the field of industrial property rights.

Legal regulations similar to those in Europe in the field of industrial property in our country date back to the 1870s. The "Regulations on Trademarks for Goods" dated 1871 and the "Patent Law" dated 1879 constitute the basis of legal protection in our country in terms of trademarks and patents. With these regulations, Turkey ranks first among the countries that provide protection for the industrial property rights.

During the first years of the Republic, the protection of industrial property rights was also important, and "Paris Convention on the Establishment of an International Union for the Protection of Industrial Property" was participated in 1925.

The fact that the "Trademark Law" No. 551 was entered into force in 1965 and the "Convention Establishing the World Intellectual Property Organization (WIPO)" was participated in 1976 was among the important steps in the field of the industrial property rights protection in Turkey.

The establishment of the Turkish Patent Institute (TPI), which is affiliated to the Ministry of Industry and Trade and has administrative and financial autonomy, on June 24, 1994, with the Decree Law No. 544, has been a milestone in the field of industrial property rights. "The Law No. 5000 on the Establishment and Duties of the Turkish Patent Institute" entered into force on 19 November 2003 in order to harmonize the Decree Law No. 544 with today's conditions and to enact the same. The name of the Institution was changed to "Turkish Patent and Trademark Office" and its short name to "TÜRKPATENT" with the Industrial Property Law dated 22 December 2016 and numbered 6769.

During the customs union preparation process, the decree laws of a reform characteristic in the fields of patent, trademark, industrial design and geographical indications were put into effect under the leadership of TÜRKPATENT in 1995 in order for Turkey to meet the liabilities arising from the “Agreement Establishing the World Trade Organization (WTO)” and the annex thereof “Trade-Related Aspects of Intellectual Property Rights Treaty” (TRIPS), and the European Union and Customs Union. The legal legislation in the field of Industrial Property Rights has been completed with the legalization of the Law on the Protection of Integrated Circuit Topographies dated 22.04.2004 and numbered 5147.

However, based on the principle that the industrial property right is considered as one of the fundamental rights and that the fundamental rights cannot be regulated by the Decree-Law according to our Constitution, there have been significant annulments in the articles of the Decree-Law, especially the provisions on penalties, which will affect the industrial property system. The Decree-Laws issued separately for the trademarks, patents, designs and geographical indications were gathered under a single roof by the Industrial Property Law No.6769 which has been prepared to fill the legal gap caused by the annulments, to switch to a more effectively functioning industrial property system, especially to increase the quality of patents, utility models and designs, and came into effect on January 10, 2017.