Intellectual Property Lawyer in Istanbul, Turkey

What Does Intellectual Property Protect?

Intellectual property covers a surprisingly large part of modern business.

It may include a company's:

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• Brand name

• Logo

• Product name

• Invention

• Technical process

• Product design

• Software

• Website content

• Photographs

• Videos

• Written material

• Artwork

• Architectural work

• Music

• Packaging

• Confidential business information

• Commercial know-how

 

Some rights are registered. Others arise through creation or use and are protected under different legal rules.

 

For example, a company may register its brand as a trademark while relying on copyright protection for its website and software. Its product may also qualify for design protection, while confidential manufacturing information is protected through contractual and other legal measures.

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This is why an IP review should begin with a simple question:

What exactly are we trying to protect?

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Turkish Intellectual Property Law

Turkish intellectual property law consists of several interconnected areas.

 

The most important include:

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• Trademark law

• Patent law

• Utility model protection

• Industrial design law

• Copyright

• Geographical indications

• Licensing and assignment

• Technology transfer

• Trade secrets and confidential information

• IP-related commercial agreements

• IP enforcement and litigation

 

The Turkish Industrial Property Code No. 6769 provides the principal statutory framework for industrial property rights.

 

The Turkish legislation database is also useful when checking the current wording of legislation rather than relying on older summaries found elsewhere online.

 

For international considerations, the World Intellectual Property Organization (WIPO) provides information about international intellectual property treaties, filing systems, and protection strategies.

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Trademark Law in Türkiye

For many businesses, the trademark is the most visible intellectual property asset.

 

Customers may never see a company's corporate structure, shareholder agreement, or internal technology. They do see its name, logo, product packaging, and branding.

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A trademark can therefore become closely connected with a company's reputation and commercial value.

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Registering a Trademark in Türkiye

Before applying for a trademark, it is sensible to establish whether the proposed mark is available and whether another business already has rights that could create a problem.

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A trademark strategy may involve:

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• Searching existing marks

• Assessing similarity

• Selecting appropriate goods and services

• Reviewing possible grounds for refusal

• Preparing the application

• Responding to examination issues

• Monitoring publication

• Responding to opposition

• Maintaining the registration

 

The official TÜRKPATENT trademark information and application resources should be checked for current procedures, requirements, and fees.

 

A search is not simply a matter of asking whether an identical name already exists. Similarity, goods and services, earlier rights, and the circumstances surrounding the mark can all matter.

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Trademark Opposition

A trademark application can face opposition after publication.

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This can happen where another rights holder believes, for example, that the proposed mark conflicts with its earlier rights.

 

TÜRKPATENT's official trademark opposition information should be consulted for current procedural requirements and deadlines.

 

We can assist with assessing the objection, preparing an opposition, responding to an opposition, organizing evidence, and considering further remedies where necessary.

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Trademark Cancellation and Invalidity

A trademark dispute does not necessarily end once a mark has been registered.

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Depending on the circumstances, an existing registration may become subject to cancellation or invalidity proceedings.

 

Issues can include:

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• Non-use

• Conflict with earlier rights

• Bad faith

• Lack of distinctiveness

• Ownership disputes

• Other statutory grounds

 

The appropriate legal route depends on the facts of the individual case.

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Trademark Renewal

A Turkish trademark generally has a 10-year protection period from its application date and may be renewed for additional 10-year periods.

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Companies with several trademarks should keep track of renewal dates and ownership records rather than dealing with each registration only when a deadline is approaching.

 

Current renewal and procedural information is available through TÜRKPATENT's official trademark resources.

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Patent Lawyer in Istanbul, Türkiye

A patent can protect a qualifying invention and may become one of the most valuable assets in a technology or manufacturing business.

But patent protection requires careful timing.

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Publicly disclosing an invention before taking appropriate legal advice can create problems for the protection strategy. For this reason, inventors and businesses should consider IP protection before a product is publicly demonstrated, commercially launched, published, or disclosed to potential partners.

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Patent Protection in Türkiye

A patent strategy can involve:

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• Assessing the invention

• Reviewing prior art

• Considering novelty and inventive step

• Establishing ownership

• Reviewing inventorship

• Preparing filing strategy

• Managing examination

• Considering international protection

• Licensing the patent

• Enforcing patent rights

 

TÜRKPATENT provides official information through its patent and utility model resources.

 

International applicants may also need to consider international filing options. The WIPO Patent Cooperation Treaty (PCT) resources provide information about the international patent application system.

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Patent Ownership

Patent ownership should be considered carefully where an invention was developed by:

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• Employees

• Founders

• Contractors

• Research teams

• Universities

• Joint venture partners

• Technology companies

 

A company should not assume that simply paying for development automatically resolves every ownership question.

 

The underlying employment, consultancy, research, development, and assignment arrangements may need to be reviewed.

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Utility Models in Türkiye

Not every technical innovation follows exactly the same protection route.

A utility model can be relevant to certain inventions that meet the applicable legal requirements.

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Whether a patent or utility model is appropriate depends on the technical characteristics of the invention and the commercial objectives of the owner.

 

The current TÜRKPATENT utility model information should be considered together with the specific facts of the invention.

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Industrial Design Protection in Türkiye

Sometimes it is the appearance of a product that gives it its commercial identity.

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Think about furniture, packaging, fashion products, consumer goods, jewellery, appliances, or other products where customers recognize the shape and visual appearance before they know anything about the underlying technology.

 

Industrial design law can protect qualifying visual characteristics of a product, including aspects such as:

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• Shape

• Form

• Lines

• Contours

• Colour

• Material

• Surface characteristics

• Ornamentation

 

The official TÜRKPATENT design resources provide information about design registration and related procedures.

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Why Timing Matters for Designs

Design protection can be affected by public disclosure.

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A business considering protection should therefore think about registration before displaying a product publicly, launching it online, exhibiting it at a trade fair, or distributing images to potential customers.

 

For businesses developing products for international markets, the WIPO Hague System may also be relevant to an international design strategy.

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Copyright Lawyer in Istanbul, Türkiye

Copyright affects far more businesses than many owners initially realize.

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A technology company may have copyright in software. A marketing agency may create photographs and videos. An architect creates drawings. A publisher creates written works. An e-commerce business may use product photography and original content.

 

Copyright can therefore become relevant to almost any modern business.

Turkish copyright is principally governed by Law No. 5846 on Intellectual and Artistic Works.

 

The Turkish Directorate General of Copyright provides official information concerning copyright legislation, registration-related matters, collective management, and other copyright topics.

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Copyright Ownership

One of the most common practical questions is:

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Who owns the work?

 

The answer should not simply be assumed because someone paid for the work.

 

Problems can arise when work is created by:

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• Employees

• Freelancers

• Software developers

• Photographers

• Designers

• Advertising agencies

• Consultants

• Contractors

 

A written agreement can be extremely important where a company intends to reproduce, modify, distribute, license, publish, commercialize, or transfer the work.

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Copyright and Software

Software can raise several separate legal questions.

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A business may need to examine:

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• Who developed the software?

• Who owns the relevant rights?

• Was the developer an employee or contractor?

• Were third-party components used?

• Are open-source components involved?

• What does the development agreement say?

• Can the software be modified?

• Can it be sublicensed?

• What happens when the developer relationship ends?

 

The legal answer should be based on the actual development arrangement rather than on a generic assumption about software ownership.

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Intellectual Property for Technology Companies

Technology businesses often have several types of IP at the same time.

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A software company might own:

 

Trademark — its company or product name.

Copyright — software, website content, documentation, graphics, and other qualifying works.

Patent rights — potentially relevant to qualifying technical inventions.

Design rights — potentially relevant to qualifying product designs.

Confidential information — source code, technical information, commercial strategy, algorithms, research, customer information, and other sensitive material.

 

That combination requires a coordinated strategy.

 

The Turkish Personal Data Protection Authority (KVKK) may also become relevant where technology and IP projects involve personal data. IP protection and data protection are different legal issues, but they can overlap in technology businesses.

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Intellectual Property Licensing in Türkiye

Owning intellectual property is only part of the picture.

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Many businesses make money by allowing others to use their IP.

 

A licence may involve:

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• A trademark

• Patent

• Software

• Copyright

• Design

• Technology

• Know-how

• Other commercially valuable rights

 

A licensing agreement should reflect the actual commercial relationship.

 

Important questions may include:

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• Who can use the IP?

• In which countries?

• For how long?

• Is the licence exclusive?

• Can the licensee sublicense?

• How are royalties calculated?

• Who controls quality?

• Who pays for enforcement?

• Who owns improvements?

• What happens when the agreement ends?

 

A short contract can create a surprisingly large dispute if these points are left unclear.

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IP Assignment and Transfer

Intellectual property can form part of a business transaction.

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For example, IP may be transferred as part of:

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• An acquisition

• A company restructuring

• A joint venture

• A technology transaction

• A franchise arrangement

• A corporate sale

• A settlement

 

Before an assignment, the parties should establish exactly what rights are being transferred and whether any registration or recordal requirements apply.

 

The TÜRKPATENT official portal provides information about relevant industrial property procedures.

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Intellectual Property Due Diligence

When buying a company, an investor should not look only at physical assets.

The company's most valuable assets may be intangible.

 

An IP due diligence review can examine:

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Ownership

Does the company actually own the IP it says it owns?

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Registrations

Are trademarks, patents, and designs registered in the correct name?

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Agreements

Are important rights dependent on licences, employment agreements, development contracts, or other arrangements?

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Disputes

Are there pending oppositions, cancellation proceedings, infringement claims, or litigation?

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Third-Party Rights

Is the business using technology, content, branding, or other IP belonging to someone else?

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International Protection

Are important markets covered?

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The answers can affect the valuation and structure of an acquisition.

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Intellectual Property Infringement in Türkiye

An IP infringement can be commercially disruptive.

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A competitor may use a confusingly similar brand. A manufacturer may copy a protected design. Software may be reproduced without authorization. A company's photographs may appear on another company's website.

 

The first step is usually not to react emotionally.

 

The evidence should be preserved and the legal position assessed.

 

Depending on the circumstances, possible measures may include:

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• Formal correspondence

• Negotiation

• Administrative proceedings

• Opposition

• Cancellation proceedings

• Civil litigation

• Interim measures

• Customs measures

• Criminal remedies where applicable

• Settlement

 

The appropriate response depends on the right involved and the evidence available.

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Trademark and IP Disputes

IP disputes often involve more than one legal question.

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A trademark dispute, for example, may involve:

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• Similarity between signs

• Similarity between goods or services

• Earlier rights

• Actual use

• Bad faith

• Ownership

• Market conditions

 

Patent disputes can require technical analysis.

 

Copyright disputes may depend heavily on authorship, ownership, originality, authorization, and evidence of copying.

 

This is why IP litigation should be prepared around the specific asset and the commercial circumstances rather than through a generic dispute template.

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TÜRKPATENT Proceedings and Appeals

Not every intellectual property dispute starts in court.

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TÜRKPATENT handles numerous administrative matters concerning industrial property rights.

 

Its Re-Examination and Evaluation Department reviews relevant objections and appeals concerning decisions in areas including trademarks, patents, utility models, designs, geographical indications, and other industrial property matters.

 

Where an administrative decision is challenged further, the applicable procedural deadline and competent court must be assessed carefully.

 

This is one reason why receiving an official IP decision and simply setting it aside for later can be risky.

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Counterfeit Goods and Customs

Counterfeit products can damage a legitimate business in several ways.

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They can:

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• Divert sales

• Damage brand reputation

• Create customer confusion

• Undermine distributor relationships

• Create safety concerns

• Reduce the value of a trademark

 

IP enforcement can therefore extend beyond the courtroom.

 

The Turkish Ministry of Trade provides official information concerning customs enforcement and intellectual and industrial property rights.

 

Its official information on intellectual and industrial property rights at customs can be particularly useful for businesses dealing with imported or exported products.

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Geographical Indications in Türkiye

Türkiye has a rich geographical indication system.

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Certain products derive part of their commercial identity from the region in which they are produced and the traditional methods associated with that region.

 

TÜRKPATENT recognizes geographical indications and designations of origin under the Turkish industrial property framework.

 

The official TÜRKPATENT geographical indication database provides information about registered geographical indications and related applications.

 

This area can be important for:

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• Producer groups

• Agricultural producers

• Cooperatives

• Food businesses

• Regional organizations

• Exporters

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International IP Protection

A Turkish registration does not automatically protect an intellectual property right everywhere in the world.

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If a Turkish company intends to expand into Germany, the United Kingdom, the United States, the Gulf, Asia, or another market, its IP strategy should take those jurisdictions into account.

 

Depending on the right involved, international systems may provide useful filing options.

 

The WIPO Madrid System can be relevant to international trademark protection.

 

The WIPO Hague System concerns international registration of industrial designs.

 

For patents, the WIPO Patent Cooperation Treaty provides an international filing framework.

 

European businesses may also need to consider the European Union Intellectual Property Office (EUIPO) for EU trademark and design protection.

 

The appropriate strategy depends on the countries where the business expects to operate and the nature of the IP.

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IP Protection for Foreign Businesses in Türkiye

A company entering the Turkish market should not assume that its foreign IP registrations automatically provide complete protection in Türkiye.

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Before entering the market, it may be sensible to review:

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• Turkish trademark availability

• Existing competing registrations

• Patent protection

• Design protection

• Copyright ownership

• Distributor agreements

• Franchise agreements

• Technology licences

• Confidentiality arrangements

• Local employee and contractor agreements

 

This can be particularly important when a foreign company is entering Türkiye through a distributor, franchisee, local subsidiary, joint venture, or acquisition.

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Intellectual Property for Startups

Startups often create valuable IP before they have a formal legal structure for managing it.

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The founders may create the brand. A developer may build the software. A freelancer may design the website. An outside agency may produce marketing materials.

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Years later, an investor may ask:

 

Who owns all of this?

 

That question can become much harder to answer if the original agreements were never prepared.

 

A startup IP review may cover:

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• Founder IP

• Employee IP

• Contractor IP

• Software ownership

• Open-source software

• Trademark protection

• Domain names

• Confidential information

• Patent opportunities

• Licensing restrictions

 

The earlier these issues are addressed, the easier it can be to build a clean IP portfolio.

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Intellectual Property and Franchising

Franchise businesses often depend heavily on intellectual property.

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A franchisor may allow a franchisee to use:

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• Trademarks

• Logos

• Trade dress

• Business systems

• Operating manuals

• Software

• Marketing material

• Know-how

 

The franchise agreement should make clear what the franchisee can and cannot do with these assets.

 

The Turkish Competition Authority may also be relevant to certain commercial arrangements, particularly where licensing or franchise structures raise competition-law questions.

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Confidential Information and Trade Secrets

Some valuable information should not be registered at all.

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A company may prefer to keep certain information confidential rather than disclose it through a registration process.

 

Examples include:

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• Manufacturing methods

• Customer lists

• Pricing strategies

• Supplier arrangements

• Product development information

• Source code

• Research

• Business plans

• Commercial strategies

 

Protection may depend on confidentiality agreements, internal controls, employment arrangements, access restrictions, cybersecurity, and appropriate contractual provisions.

 

An NDA alone is not always enough. The business should also consider how the information is actually handled.

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IP Contracts

Intellectual property often appears in ordinary commercial contracts.

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We advise on IP provisions and agreements involving:

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• IP licences

• Trademark licences

• Patent licences

• Copyright licences

• IP assignments

• Technology transfer

• Software development

• SaaS arrangements

• Franchise agreements

• Distribution agreements

• Joint ventures

• Confidentiality agreements

• Employment agreements

• Contractor agreements

• Research and development

• Commercialization

 

The objective is to make the legal agreement match the business arrangement.

 

If a company expects to own software forever, the contract should say so clearly.

 

If a licensee is permitted to operate only in Türkiye, that territorial restriction should be clear.

 

If a distributor cannot register the principal's trademark in its own name, the agreement should address that risk.

 

Good IP drafting anticipates these practical problems.

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Intellectual Property in Mergers and Acquisitions

An acquisition can transfer far more than shares and physical assets.

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The buyer may also be acquiring:

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• Brands

• Software

• Patents

• Designs

• Copyright

• Licences

• Technology

• Domain names

• Confidential information

• IP-related liabilities

 

IP due diligence should therefore form part of the wider transaction review.

 

Depending on the circumstances, the findings can influence:

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• Purchase price

• Warranties

• Indemnities

• Conditions precedent

• Transaction structure

• Post-closing obligations

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How an IP Lawyer Can Help

The role of an IP lawyer is not limited to filing registrations.

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Legal advice can be useful at several stages.

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Before Launch

A business may need to know whether its proposed brand, invention, or design can be protected and whether someone else already has relevant rights.

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During Registration

The lawyer can assist with applications, objections, administrative correspondence, evidence, and appeals.

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During Commercialization

IP counsel can help structure licences, assignments, technology agreements, franchise arrangements, and other transactions.

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When Something Goes Wrong

Where infringement or an ownership dispute arises, the focus shifts to evidence, strategy, available remedies, and protecting the client's commercial position.

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Why IP Advice Should Be Commercially Practical

Intellectual property law can become unnecessarily complicated when it is discussed only in legal terminology.

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For a business owner, the real questions are often simpler:

 

Can I use this name?

Can someone stop me from using it?

Who owns the software my company paid for?

Should I register this design before launching the product?

Can I license my technology to another company?

What can I do if a competitor copies my brand?

Does my foreign trademark protect me in Türkiye?

What happens to my IP if I sell my company?

 

These are legal questions, but they are also business questions.

 

Our approach is therefore to understand the commercial objective first and then identify the legal tools that may help achieve it.

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Intellectual Property Services at Kurucuk & Associates

Kurucuk & Associates assists clients in Istanbul and across Türkiye with a broad range of intellectual property matters.

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Trademarks

• Trademark searches

• Trademark applications

• Trademark registration

• Opposition proceedings

• Opposition responses

• Cancellation matters

• Invalidity matters

• Trademark renewal

• Trademark assignment

• Trademark licensing

• Trademark portfolio management

• Trademark infringement

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Patents and Utility Models

• Patent strategy

• Patent-related legal advice

• Patent ownership

• Utility model matters

• Licensing

• Assignment

• Commercialization

• Infringement assessment

• Patent disputes

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Industrial Designs

• Design protection

• Design registration

• Design portfolio management

• Design licensing

• Design assignment

• Design infringement

• Design disputes

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Copyright

• Copyright ownership

• Software-related rights

• Copyright licensing

• Copyright assignment

• Website and digital content

• Creative works

• Copyright infringement

• Copyright disputes

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IP Transactions

• IP licensing

• IP assignments

• Technology transfer

• Franchise agreements

• Joint ventures

• IP due diligence

• Commercialization

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IP Disputes

• Trademark disputes

• Patent disputes

• Design disputes

• Copyright disputes

• Administrative proceedings

• Opposition

• Cancellation

• Invalidity

• Litigation

• Negotiation

• Mediation

• Arbitration where appropriate

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Frequently Asked Questions

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What does an intellectual property lawyer in Istanbul do?

An intellectual property lawyer helps clients protect, use, transfer, license, and enforce intellectual property rights.

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The work may involve trademarks, patents, designs, copyright, technology, licensing, commercial agreements, administrative proceedings, and litigation.

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What is the main intellectual property legislation in Türkiye?

Industrial property rights are principally governed by Industrial Property Code No. 6769.

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Copyright is principally governed by Law No. 5846 on Intellectual and Artistic Works.

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The current versions of Turkish legislation can be checked through the official Mevzuat Bilgi Sistemi.

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Where do I register a trademark in Türkiye?

Turkish trademark applications are handled by the Turkish Patent and Trademark Office (TÜRKPATENT).

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The official TÜRKPATENT trademark section provides current information about the process.

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How long does a Turkish trademark last?

A Turkish trademark generally receives protection for 10 years from the application date and may be renewed for additional 10-year periods.

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Can a foreign company register a trademark in Türkiye?

Yes. Foreign businesses can obtain trademark protection in Türkiye through the applicable national and international routes.

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The correct route depends on the applicant and its existing international rights.

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Can I oppose another company's trademark application?

Yes, where the legal requirements for opposition are satisfied.

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The timing is important because Turkish trademark opposition proceedings are subject to statutory deadlines.

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Can someone cancel an existing trademark?

Potentially. Turkish law provides cancellation and invalidity mechanisms in appropriate circumstances.

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The correct procedure depends on the grounds and circumstances involved.

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Do I need to register copyright in Türkiye?

Copyright protection is distinct from industrial property registration. The applicable rules depend on the type of work and the rights involved.

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For official information, the Turkish Directorate General of Copyright is an important source.

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Can software be protected by copyright?

Software can receive copyright protection under the applicable Turkish copyright framework. Additional IP rights may also need to be considered depending on the technology and commercial model.

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Should I patent my invention before showing it publicly?

You should generally obtain legal advice before public disclosure because disclosure can affect the availability or strategy of patent protection.

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The circumstances of each invention should be reviewed individually.

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Can intellectual property be licensed?

Yes. IP licensing is commonly used to commercialize trademarks, patents, software, designs, technology, and other protected assets.

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The licence should clearly establish the rights being granted and the commercial conditions.

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Can intellectual property be transferred?

Depending on the right involved and the applicable legal requirements, IP rights can be assigned or transferred.

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The relevant registration and recordal requirements should be checked before completion.

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What should I do if another company copies my trademark?

Preserve evidence and obtain legal advice promptly.

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Depending on the circumstances, the available options may include negotiation, administrative proceedings, opposition or cancellation, court proceedings, interim measures, customs measures, and other remedies.

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Can an IP dispute be settled without litigation?

Yes. Negotiation, settlement, mediation, and certain administrative procedures can sometimes resolve an IP dispute without a full court case.

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Whether this is appropriate depends on the facts and the client's objectives.

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Protect Your Intellectual Property Before a Dispute Begins

By the time an IP dispute reaches a lawyer's desk, the underlying problem may already be expensive.

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A company may have spent money developing a brand that cannot be safely used.

 

A product may already have been publicly disclosed. A former contractor may possess important source code. A distributor may have registered a similar trademark. An investor may discover that the company does not clearly own an important piece of technology.

 

These problems are often easier to prevent than to repair.

 

Before launching a brand, publishing software, displaying a new product, signing a technology agreement, or entering an investment transaction, it is worth asking:

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• What IP do we actually own?

• Who created it?

• Is the ownership documented?

• Should it be registered?

• Has it already been disclosed?

• Are there earlier conflicting rights?

• Are our employees and contractors covered by appropriate agreements?

• Are we using third-party IP lawfully?

• Do we need protection outside Türkiye?

• What happens if another party challenges our rights?

 

A practical IP strategy can help answer these questions before they become disputes.

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Intellectual Property Lawyer in Istanbul, Türkiye

Intellectual property is often closely connected to the value of a business.

 

A successful trademark represents reputation. A patent can represent years of research and development. A software platform can be the foundation of an entire company. A product design can distinguish one business from dozens of competitors.

 

Protecting those assets therefore requires more than completing a registration form.

 

Kurucuk & Associates provides intellectual property legal services in Istanbul and throughout Türkiye, assisting Turkish and international clients with IP protection, transactions, enforcement, administrative proceedings, and disputes.

 

Our approach is to look at the underlying business first: what the client has created, what needs to be protected, how the asset will be used, and what risks may arise in the Turkish market.