Music CDs, cinema DVDs, books and piracy copies of computer programs were being sold in the streets. Piracy has been prevented in quite a large scale in these fields by means of the amendments of Intellectual art Works Law. The Expert Courts established in this field are doing their duties in a proper time and punish the wrongdoers without hesitancy.

Another field of the Expert Courts are the piracy products in the sectors such as clothing textile, electricity etc. Piracy copied products are quickly confiscated upon the Experts Courts or district attorney’s verdicts on account of the application of the owners of the persons either trademark or patent and wrongdoers be punished in a short time.

In this field the delegated legislation (KHK) number 556 about The Protection of Trademarks, and KHK number 551 about The Product of Patent Rights and KHK number 554 about The Protection of Industrial Designs and KHK number 555 about The Protection of Geographical Signs are the main legislature.

Reviewing the contents of the above mentioned legislature we came to the conclusions as follows:

A trademark covers all sorts of signs particularly as words including personal names, the forms or packing of goods that is visualised by design or can be expressed on condition that may differentiate the goods and services of a company from another.

A Trademark Right is obtained by the registration of a trademark according to the contents of KHK number 556. In this way the owners of trademarks or others being benefited by the protection are the persons who have residences within the Turkish Republic or the people who have the right of application according to the convention of Paris or World trade Organisation Establishment Convention.

Besides, the real persons or legal entities of Foreign States are subject to the protection of trademarks according to the principle of reciprocity.

The duration of Trademark protection is 10 years after the registration. Those trademarks that are not renewed within 6 months often the 10 years time expiry are deemed to be void.

A registration of a mark provides the owner the following rights;

1. The right of prevention of the registration of the trademark itself or concerning similar goods and services within the contents of the registration or any other sign being used that might be confusing or might give disadvantage due to the esteem of the registered products or might harm the distinctive character of it.

2. A registered trademark can be transferred to someone else, can be inherited, the right of using can be a subject matter of a licence or be a guaranty or mortgage.
3.Those who use unregistered trademark cannot be benefited of the above mentioned rights.

Within the framework of Madrid Protocol the International trademarks may also be subject to the registration. The citizens of the member countries of Madrid Protocol may register their trademarks as international trademarks in compliance with the determined conditions.
In case the application take place in the countries where the international mark be registred should be pointed out.

As for the violation of a trademarks right penalties of imprisonment from one year to three years, maximum 46.000 NTL pecuniary penalty, closing the job-sites and banning from trading have been putting into practise.

A patent is the right of producing, using or selling the mentioned product for a certain period of time. The Patent right which has a great importance among the Industrial Property rights are specially drawing the attention of developing countries being intermediaries of the technology transferring.

For the protection of an invention the innovation itself should exceed the technology’s present situation and should have the criteria being applicable to industry.

There are two systems of patent in turkey one as examined and the other unexamined. As for the unexamined system provides the owner of inventions whose financial sources are limited cheap, fast but its protective duration is comparatively limited that is only 7 years. Whereas in the examined system though the process take longer time yet as the said patent being based on an examination report showing whether the application itself bears the necessary qualifications, is safer and the period of protection is 20 years. An unexamined patent can be converted into an examined patent on condition that the necessary conditions should be accomplished and examined.

The Patent Co-operation Treaty (PCT) that is put into action in 1.1.1996, enables the owners of application in various countries, who want to put their inventions under protection with a sole application in whole of the PCT member countries or a part of it.

Besides, the European patent Convention (EPC) put into action on 1.1.2000 enables patent protection by means a patent application in whole of the member countries or selected ones.

In case an unjust patent application or presenting oneself as an patent owner is subject to the 27.000 NTL pecuniary penalty and imprisonment from one year to two years. If the patent rights are violated then maximum 47.000 NTL pecuniary penalty and four years imprisonment, closing the job-site and banning from trading might be subject matter.

As for the useful model though it is quite similar to patent yet, it differs from patent as having 10 years of protection period, consequently having no operation of investigation and research and taking less time and being cheaper.

Except its differences the same explanation and penalties above mentioned are applied for the useful model as well.

The Industrial Design as a simple definition is the ornamentation or aesthetic appearance of a product. A product subject to the design needs to be produced more than one by industry.

In order for the protection of new designs that have new and distinctive qualities application pas to be done towards to Turkish Patent Institute. The period of protection for registered designs is five year following the application. That period being mentioned can be prolonged maximum 25 years by means of renewing it per 5 years.

A registration of design, provides the owner the right of preventing the outsiders to produce the product without the permission of the owner, marketing selling, proposing for a contract, importing, using or keeping it for commercial reasons.

As for the registration of design in foreign countries. Those who reside in any of the member countries concerning the convention of Paris about the Protection of Industrial Property rights, may apply by an intermediary of a representative residing in the same country to provide the registration of design.

As for the violations and infringements against industrial design in case giving wrong and deceiving information and expanding the boundaries of the given right then maximum three years imprisonment and 46.000 NTL pecuniary penalty and banning the trading can be given.

The Turkish patent Institution that carries out the procedures of trademarks, patents and Industrial Design has been accomplishing a quite fast system of registration collaborating constantly with the developed countries. Those who are interested in getting more detailed information about the activities of Turkish Patent Institute and legal procedures may be benefited from the site named www.turkpatent.gov.tr .

Thanks to the amended regulations and effective practice of the recently established Expert Courts Turkey is no longer an heaven for piracy of works.