SCH-Legal handles the acquisition, protection and commercialisation of intellectual and industrial property rights, from trademarks and patents to designs and software. A team of trademark and patent attorneys and lawyers assists clients at every stage, from applications before the Turkish Patent and Trademark Office to proceedings before the specialised IP courts.
Trademarks
Trademark searches, applications and registrations are handled, and clients are represented in oppositions and in revocation and invalidity proceedings. In the fight against counterfeiting, evidence determination, preliminary injunctions and search and seizure measures are pursued.
Patents and Utility Models
Filing strategies are developed for protecting inventions in Turkey and abroad, and applications and registrations are monitored. In infringement cases, actions for the determination, prevention and cessation of infringement and for damages are conducted.
Designs
Design applications, registrations, assignments, licences and pledges are handled, and clients are represented in oppositions and in invalidity and damages actions.
Copyright and Software
Support is provided in determining authorship and rights over software and source code, drafting licence and assignment agreements and conducting civil and criminal proceedings for infringements under the Law on Intellectual and Artistic Works. Particular care is taken to establish the chain of title for software developed by employees and contractors.
Gaming
Publishing, licensing and development agreements, end-user agreements and in-game purchase terms are prepared for game developers and publishers.
What we do
- Trademark, patent and design filing, registration and opposition proceedings
- Invalidity, infringement and damages actions
- Anti-counterfeiting: evidence determination, injunctions, seizure
- Licence, assignment and software development agreements
- Game publishing and end-user agreements
Frequently asked questions
Common questions on intellectual property
The questions we hear most about filing, protection and infringement.
Where do we apply to register a trademark, and how does the process work?
Applications are filed with the Turkish Patent and Trademark Office (TÜRKPATENT). The Office first checks for formal deficiencies and absolute grounds for refusal; if the application passes, it is published in the Official Trademark Bulletin. Third parties then have two months to oppose. If no opposition is filed, or an opposition is rejected, the registration fee is paid and the mark is registered.
We recommend a clearance search before filing. A good share of the opposition files that reach us involve marks chosen without one.
Can software be protected by a patent?
Not on its own. The Industrial Property Code expressly excludes computer programs as such from patentable inventions. Software is protected as a work under the Law on Intellectual and Artistic Works, and no registration is needed for that.
A technical solution in which software plays a part, such as a method that controls how a device operates, can be patented if it is new and involves an inventive step.
Who owns the code written by our employees or by outside developers?
For an employee working under an employment contract, the economic rights in code written as part of the job pass to the employer unless agreed otherwise.
Freelancers, agencies and consultancies are a different matter. The transfer must be in writing and must list the rights being transferred (reproduction, adaptation, distribution and so on) one by one. A general sentence such as “all rights are hereby assigned” is not always enough. In due diligence for investment rounds, this is the gap we come across most often.
What can we do if we find our trademark is being copied?
Evidence comes first: a notarised record, a test purchase or a court-ordered evidence determination. Then come the options of a cease-and-desist letter, a preliminary injunction, an action to establish and stop the infringement, and a claim for damages. If the goods are passing through customs, seizure at the border can also be requested.
Trademark infringement is also a criminal offence, so a complaint to the public prosecutor and a search-and-seizure order are available too. Where to start depends on how widespread the copying is and on your priority: stopping sales quickly or recovering damages.
What does design registration give us? Are unregistered designs protected at all?
A registered design is protected for up to 25 years, renewed every five years, and gives the owner the right to stop others from using it. Unregistered designs are protected as well, but only for three years from the date they were first made available to the public, and only against direct copying.
Team
Our team in this area
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Contact
How can we help?
Tell us briefly about your matter and the relevant team will get back to you.
info@sch-legal.com · +90 212 709 08 50