The Law on Intellectual and Artistic Works ("LIAW"), which has been amended many times since its entry into force in 1952, still causes uncertainty and confusion in practice. The 2022 decision of the Court of Cassation[1] and the recent decision of the 16th Civil Chamber of the Istanbul Regional Court of Appeals[2] have been a very guiding and clarifying decision in terms of examining the signs of the work, which are controversial in practice, and the amendments made to LIAW…
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Article 83 of Law No. 5846 on Intellectual and Artistic Works (“LIAW”) stipulates that the names of works can be protected independently of the works themselves under the provisions on unfair competition. Our assessment of this protection is discussed in our article, 'Protection of Work Titles'
An important aspect of work title protection is their registration as trademarks. In practice, it is common for elements of cinematographic works, such as characters and locations, as…
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“Plagiarism” is not clearly defined in Law No. 5846 on Intellectual and Artistic Works (“LIAW”). Plagiarism, which is defined by the Turkish Language Association as "pilferage," is used in the context of intellectual and artistic works law to mean "to present someone else’s work as your own, taking a piece from someone else’s work without citing the source."
While there is no definition for plagiarism under LIAW, instances of "freedom of quotation" are clearly defined under…
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Although “plagiarism” is not defined under Law No. 5846 on Intellectual and Artistic Works (“LIAW”) it is widely accepted in Turkish law as the act of using and appropriating the intellectual or artistic work of another without the permission of the owner. Similarly, “inspiration”, which does not have a clear definition or criteria in the LIAW systematic, means the creation of a new and original work by being influenced by another work. While drawing inspiration from existing…
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With respect to lawsuits filed in the scope of Law No. 5846 on Intellectual and Artistic Works (“FSEK") No. 5846, an important standard in terms of plagiarism is the limits of freedom of quotation. According to Article 35 of the FSEK, in order to make a quotation from a work, it is necessary to; (i) incorporate some sentences and paragraphs of a work made public, into another work of science and literature, (ii) incorporate certain elements of a published composition, at the…
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More than 20 years of copyright litigation has finally ended in favor of Yannis Karalis a Greek composer and lyricist. While the dispute has made a lot of noise with the inclusion of prominent names in the music industry among the defendants, it also draws attention to the problematic points in the judicial system in terms of the length of the trial process.
As discussed in our previous article, in the context of the relevant dispute, Yannis Karalis (the Claimant) filed an…
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In the Law, special categories of personal data are defined in a limited manner as data related to a person’s race, ethnic origin, political opinions, philosophical beliefs, religion, sect, or other beliefs, attire, membership in associations, foundations, or trade unions, health, sexual life, criminal convictions, security measures, as well as biometric and genetic data.
Before the enactment of the Amendment Law, the processing of special categories of personal data under…
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Prior to the Amendment Law, personal data could mostly be transferred abroad with the explicit consent of the data subject, as the other legal grounds specified in the legislation were either not available or not applicable. Since the Law's enactment in 2016, the fact that the Board had not yet established a list of countries providing adequate protection had significantly limited and complicated the practice of cross-border data transfer. This situation made obtaining…
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Pursuant to Article 16 of the Law, data controllers who meet certain criteria are obliged to register with the Data Controllers’ Registry ("VERBIS"). The procedures and principles regarding the VERBIS system, which is open to the public, are determined by the "Regulation on the Data Controllers Registry" dated December 30, 2017 ("VERBIS Regulation").
With the Board's decisions dated 2018, various professional groups, associations, foundations and political parties were…
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With the rapid expansion of the use of artificial intelligence (AI) and its integration into all areas of life, it has become essential to establish a legal framework that regulates the safe and ethical development, distribution and use of AI systems, considering the complexity and unique characteristics of this technology.
In addition to promoting the safe, transparent, and human rights-respecting development of AI technologies, and aiming to protect the safety, rights, and…
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Cookies play a crucial role in personalizing and improving the user experience in the digital world. Although the use of cookies contributes greatly to personalizing the internet experience and remembering users’ online preferences, this process has also raised various privacy and data protection concerns. One of the biggest concerns regarding the processing of personal data through cookies is that users are often unaware of this process or that sufficient transparency is not…
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The Law requires data controllers to notify the Board and the data subject as soon as possible after becoming aware of the data breach. In its decision dated January 24, 2019 and numbered 2019/19 ("Decision"), the Board clarified the rules and procedures to be followed in data breach cases.
The Board adopted the approach of the GDPR in terms of the timing of breach notifications and explained that the phrase "as soon as possible" in the Law must be interpreted as within 72…
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