With the yields of technology, the interaction of people with others has become quite easy by overcoming barriers such as distance, language and culture. As a result, the duration of innovation emergence has decreased in the field of both artistic, scientific and trade, economic. But, diversity in these fields has increased. In this regard, the need for protection of products which have certain value and produced by intellectual thinking has arisen and these rules in this topic were collected under the title of Intellectual Property Law.
Intellectual Property Law, as its name implies, includes property rights. When we think of property rights, the first thing occurs in our mind is the right designed for material things in substantive law. However, property rights under Intellectual Law show some differences compared to those rights. First of them is that the elements which do not have abstract and corporal existence compose the subject of Intellectual Property rights in contrast with that the items which have concrete existence compose the subject of property rights in substantive law. Secondly, in spite of people can save the right on substantive property, as they wished, throughout their lives without any limits for the time span, the right on Intellectual Property, which has a time span, expire if the right is not renewed within the time specified in the law. As a third difference, contrary to the substantive property right, intellectual property right is protected according to the rules of the country in which protection is required.
As the elements acquired on the subject, Intellectual Property Law is examined under two separate topics. The first of them is Copyright. The copyright refers to the property of people on ıntellectual and artistic works uncovered by their intellectual efforts. This right is embodied by introduction of the work without the need of any application. The second topic is Industrial Property Rights. There are references under this topic such as the trademark is used to distinguish commercial products from other products, the patent includes an equipment or technology that is as an innovation or can be used in industry to the property of its manufacturer, and the industrial design makes the features which will provide separation from similar products in terms of shape and appearance to be belong to its manufacturer.
The most important point about Intellectual Property Law, perhaps, is the dependence of legal protection of these rights in this field to the principles of territoriality. The rights that are the subject of intellectual property are protected in accordance with the legislation of the country in which protection is requested or if there is not a regulation on this issue, they are not protected. This is a situation completely depend on the rules established by that country. A vested intellectual property right may not be vested in another country, and so, it may not be protected or conditions related to protection of this right may change. However, at this point, the role of international agreement needs to be addressed. Intellectual property rights are concluded to co-decisions with some international conventions by contracting countries. This situation means minimizing different situations will be led by territorial protection. Since there are treaties in which our country is also a party on this subject, the protection of foreigners who are the members of contracting countries and the protection of our country members in foreign countries are possible. Also, another situation about international agreement in Intellectual Property Law is taking part in foreground more in this field of law. According that, if the purview of right is defined wider than legislation of local law in international agreement, local protection will be provided at the width of international agreement provisions.
Copyright Infringement Cases
We have mentioned that the right of people on intellectual and artistic works uncovered by their intellectual effort is Copyright. As in all rights, some methods for the protection of these rights are foreseen. In the case of violation of one’s copyright, cases can be opened split in two as criminal and legal cases. Some crimes are foreseen in the law on this subject according to their form and conditions. These crimes are examined in criminal cases and if the presence of crime is detected, the punishment stipulated in law is imposed. These punishments are various amounts of imprisonment and fine. These are cases, which are the case of preventing violation opened for prevention of violation that is unrealized yet, but can be realized, the case of prohibiting violation filed for termination of an existing and continuing violation and the case of pecuniary and non-pecuniary damages opened for eliminating damages arising from violation, in legal cases.
As a result, since Intellectual Property Law is a field that contains some rules of its own, it requires the possession of private knowledge beside the general law knowledge. As a result of being involved more than normal in this field of international agreement, it has become apparent that it an issue in which experiment is required. In our office, there are lawyers providing the best legal services for formation and protection of intellectual property rights with their expertise in the field of Intellectual Property Law.