Intellectual property generally pertains to innovations and developments related to the industrial and agricultural sectors. When you make any invention in these fields or come up with a pioneering design in the industry, you obtain certain rights over the product. Thanks to intellectual and industrial property rights, you can prevent malicious individuals from manufacturing and marketing your product.
Industrial property rights are regulated by laws and provide you with various advantages. When you come up with a new product, it is essential to know what your rights are and how to protect them. Many inventors are curious about what industrial property rights are and how the registration system works. You can find answers to these questions in our article, and you can also examine the services we provide at Alkan Patent, as well as contact us to get detailed information about the protection of your industrial property rights.
Industrial property rights are established to legally protect innovations and inventions in the industrial and agricultural sectors. These innovations must not only be interesting but also pioneering, meaning they are the first of their kind. Such innovations grant certain rights to the individual or entity that owns the design. These rights are determined within the framework of the law. Along with patents, the term "intellectual and industrial property rights" refers to the rights you will obtain according to the laws.
Providing an example can make it easier to understand the concept of industrial property. When you create and want to launch a new and intriguing design into the market, the concept of industrial property ensures that the entire design legally belongs to you. This grants you certain rights over the design. These rights prevent your design and product from being unlawfully used or copied, protecting the effort you put into them. These rights can also be defined as non-material rights that officially belong to you.
Within the framework of the Industrial Property Law, the main objective of these rights is to protect traditional product names through geographical indications, patents, designs, trademarks, and utility models. Additionally, it contributes to technological and economic advancement.
(Note: The translation above is an interpretation, and legal terminology may vary by jurisdiction. Consult with a legal expert for precise legal translations and advice.)
With the relevant law, the registration process is carried out with the approval of applications related to industrial property rights. After the registration process, if a rights violation occurs, legal and penal sanctions come into play. This law is primarily designed for trademarks. The main purpose of this law is to regulate trademark and patent matters, aiming to protect all rights.
Through this system, trademarks enable the distinction of products and services.
As mentioned above, industrial property rights include rights granted to the first implementers of inventions and innovations, such as patents, trademarks, designs, geographical indications, and utility models. This allows the designers and implementers of original work to have distinctive signs on the products and services produced and sold. This, in turn, grants exclusive selling rights to these individuals.
Individuals who create inventions that provide the necessary conditions for solving or improving any technical problem in the industrial field are granted rights. For an invention to be eligible for a patent, it must be new and go beyond the known state of the art. Additionally, the invention must be industrially applicable. Inventions meeting these three criteria can obtain legal protection through patents, providing legal assurance to the rightful businesses or individuals.
One of the most important aspects of patents is the thorough examination of publicly available documents to determine whether there are other patents for similar inventions. Applications made without conducting the necessary research are rejected if a similar invention already exists.
Patent holders have the authority to prevent third parties from producing, using, or selling their inventions without permission. As stipulated in patent laws, patents can be transferred to others or passed down through inheritance. Moreover, the right to use can be subject to licensing agreements and may also be used as collateral.
Applications made to the Turkish Patent and Trademark Office (Türk Patent Enstitüsü) are granted protection for a period of 20 years, provided they meet the necessary requirements. Once patents owned by inventors and industrialists expire, the invention becomes part of the public domain for everyone. Additionally, for an invention to be protected by a patent, separate applications must be filed in each desired country for protection.
Industrial design right refers to the overall appearance of a product that distinguishes it from others, including features such as lines, colors, textures, and materials. Design registration focuses on the visual characteristics of a product. In this context, what matters most are the unique designs rather than the technical specifications of the product.
According to the relevant law, the protection period for industrial design rights is set at five years from the application date. This period can be extended up to 25 years, with renewals required every five years. Industrial designs can be inherited by legal heirs. In cases where there are multiple designers involved, ownership rights are determined under the rules of joint ownership.
A utility model is granted when a new and inventive aspect is introduced in any branch of the industrial field, even if it does not go beyond the known state of the art. Unlike patents, utility models are generally sought for smaller innovations. While the rights of the inventor are similar to those of a patent, the protection period is limited to 10 years.
A trademark is any sign that distinguishes one business from others, such as names, words, letters, numbers, or packaging. Trademarks can have different structures. After being registered, trademarks cannot be used by others. A registered trademark can be transferred to someone else.
Geographical indications are signs that indicate the distinct characteristics, reputation, or unique qualities of a particular region's product. These products are generally associated with that specific region. Geographical indications are known as community rights and are divided into two categories: "Appellation of Origin" and "Designation of Source." Appellation of Origin requires the entire product to be produced in the specified location it describes. Designation of Source, on the other hand, indicates that at least one of the factors related to the product's manufacture and processing is carried out in that geographical area.
At Alkan Patent, we are here to support your brand in all aspects of intellectual and material rights! You can rely on us for all your registration needs related to industrial and intellectual property rights. With our professional team, you can prepare the application process and secure your industrial rights.
