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We share our knowledge and expertise to update our community and clients about legal developments in Türkiye.

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Fair Use Doctrine

Updates -

Intellectual Property Law, in principle, rewards the creativity of owners by granting them privileged rights on related works within the scope of copyright legislations, and prohibits reproduction, transmission, representation or use of the work in other ways, without the consent of the owner. On the other hand, the “Fair Use” doctrine, which basically finds application in Anglo-Saxon legal systems, allows limited use on copyrighted work without the permission of the right… »

Compensation Liability for Copyright Infringement

Updates -

The author or the owner of a work is entitled to claim compensation in the case of violation of economic and moral rights arising from the ownership of the work protected under Law No. 5846, the Intellectual and Artistic Works (the “LIAW”), in addition to other legal remedies.  Article 70 of the LIAW regulates the compensation that may be claimed based on violation of economic and moral rights, separately. Accordingly, the author whose moral rights have been infringed, is… »

Copyrights Overlapping other IP rights

Updates -

The overlapping of copyrights with other IP rights, in particular, with trademarks and designs, is a common case in many jurisdictions, including Turkey. It refers to the protection of an intellectual creation under both copyright law and trademark or design law. In Turkey, an intellectual creation benefits from cumulative protection, if it simultaneously fulfils the criteria to be protected as a copyrighted work under Law of Literary and Artistic Works No. 5846 (“Law No.… »

Protection of TV Program Formats in Turkish Law

Updates -

Regardless of being intellectual creations that are of great importance for the television production sector, program formats lack clear definition within the scope of Turkish law, as well as a broadly accepted assessment of their legal characteristics. Uğur Çolak, a former member of the Istanbul District Court, defined program formats as “Frameworks or outlines for programs transmitted by any broadcast format, including digital communications, which demonstrate how each… »

Coronavirus Support Package Announced on 18 March 2020 and Its Effects on Sectoral Basis

After first seen in December 2019 in Wuhan, China, the coronavirus -which leads to Covid-19 disease- has spread to 192 countries in only three months. The number of confirmed coronavirus cases has exceeded 340,000 globally with the number of deaths exceeding over 14,000 as of 23 March 2020. The first case of coronavirus in Turkey was detected on 11 March 2020. The number of cases in Turkey had increased to 1236 in the following 13 days with 30 citizens losing their lives due… »

Key Developments and Predictions for Media and Advertising Law in Turkey

Updates -

In Turkey, the central piece of legislation on advertising law compliance issues is Turkish Consumer Protection Law numbered 6502 (“CPL”), the Regulation on Commercial Advertisements and Unfair Commercial Practices (the “Advertising Regulation”), prepared in line with the CPL and Broadcasting Law No. 6112. Broadcast media advertising is ruled and supervised by the RTUK, which is an autonomous and impartial public legal entity. The RTUK regulates and supervises the radio… »

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