Legal Services

Legal Transactions

1.License

A license is the transfer of the right to use a protected intellectual property right from the rights holder to another party under certain conditions. This transfer is formalized through a contract, granting the licensee the authority to exercise the relevant right. Licenses may be exclusive (inhisari) or non-exclusive (inhisari olmayan). In an exclusive license, only the licensee can use the right, while in a non-exclusive license, the rights holder may use the right themselves and grant additional licenses to others. Unless otherwise agreed, the licensee cannot transfer or sublicense the right to third parties. The licensor may also impose measures to ensure the quality of goods or services associated with the license. The licensee is obliged to comply with contractual terms. Licensing allows the rights holder to earn economic benefits while enabling the licensee to use the right under legal protection.

2.Assignment (Transfer)

Assignment refers to the full or partial transfer of an industrial property right by the rights holder to another party through a written contract. This transfer is invalid unless notarized. The assignment can occur even during the application phase of the right and can be carried out independently of any business. When a right has multiple owners, if one owner wishes to sell their share, the other owners have a pre-emption right. The sale must be notified to other co-owners by the buyer or seller. For the assignment to be effective against third parties, it must be registered in the relevant registry and published in the official bulletin. Unregistered assignments cannot be asserted against bona fide third parties.

3.Pledge, Collateral, and Seizure

Industrial property rights not only offer protection but also possess economic value. Therefore, rights such as trademarks, patents, utility models, and designs can be pledged, used as collateral, or seized. This makes them active assets in economic transactions.

Pledge involves the rights holder providing their industrial property right as security for a debt to a creditor. If the debt is unpaid, the creditor may convert the right into money. The pledge must be made in writing, notarized, and registered in the registry. Registration is critical for enforcement against third parties.
Collateral is a broader concept involving using the right as security in any debt relationship, often in financing. Banks frequently require registered IP rights as collateral for loans. These transactions must also be in writing, potentially notarized, and registered.
Seizure is a compulsory enforcement action initiated by a creditor through enforcement offices against the debtor’s industrial property rights. Seized rights may be sold to recover debts. Registration of the seizure ensures it is binding against third parties. However, pre-emption rights cannot be exercised in compulsory sales.
Importantly, geographical indications and traditional product names are considered public goods and cannot be subjected to such private law transactions. This ensures their protection is in the public and regional interest, preventing individual economic exploitation.

These provisions not only protect the creative aspect of industrial property rights but also enable their use as economic assets and active financial tools.

4.Infringement of Industrial Property Rights and Remedies

Industrial property rights play a crucial role in protecting creativity and innovation. However, they may be subject to unauthorized use or infringement. In such cases, rights holders can seek legal recourse to protect their rights and stop violations.
Article 149 of the Industrial Property Law No. 6769 sets forth the rights and remedies available to rights holders in case of infringement.

Claims Rights Holders Can Make to the Court:

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Determination of whether an act constitutes infringement.
Prevention of potential infringements.
Cessation of ongoing infringements.
Compensation for material and moral damages.
Seizure of infringing products and devices exclusively used for their production, without hindering production of other products.
Recognition of ownership rights over seized products, devices, and machines, with the value deducted from compensation.
Alteration or destruction of infringing goods (e.g., removal of marks), with costs borne by the infringer.
Publication of the court’s final decision in newspapers or similar media upon request, informing the public and mitigating infringement effects.

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