HUK439

School of Law \ Law

3

6

Elective

Turkish

-

Bachelor of Law

The course includes the basic concepts of intellectual property rights such as copyright, trademark, geographical indication, patent, utility model, design and trade secret.

Ünal Tekinalp, Fikri Mülkiyet Hukuku, Vedat Kitapçılık, 2012.
Savaş Bozbel, Fikri Mülkiyet Hukuku, On İki Levha Yayınevi, 2015.
Erdal Noyan, Patent Hukuku, Adalet Yayınevi, 2015.
Cahit Suluk, Rauf Karasu, Temel Nal, Fikri Mülkiyet Hukuku, Seçkin Yayınevi, 2015.

The aim of the intellectual rights course is mainly to enable students to recognize the rights protected under the Law on Intellectual and Artistic Works, the decree laws on industrial rights and the Turkish Commercial Code in Turkish law, to distinguish them from each other and to learn the methods of protection of these rights.

1. Has knowledge about the emergence, development process and economic value of the concept of intellectual property rights. Has knowledge of national and international regulations in this field.
2. Defines the rights protected under intellectual property law and distinguishes these rights from each other.
3. Distinguishes whether registration to the registry has a role in determining the right holder. Have knowledge about the authorizations and obligations of the owner of intellectual property rights.
4. Has knowledge of the situations that violate intellectual property rights and the legal remedies to be applied in case of violation.
5. Have knowledge about the judicial authority or public institution in which intellectual property rights can be asserted.

Week 1: Basic concepts of intellectual property law (registration and territoriality/effect of prior rights/principle of priority), purpose and importance of protection of intellectual property rights.
Week 2: The concept of work, types of works.
Week 3: Works created by more than one person, the status of workers and freelancers.
Week 4: Rights arising from the work and the limits of the right, financial and moral rights, limitations on the essence of the right, limitations in terms of place and duration.
Week 5: Protection of intellectual and artistic works, protection periods, lawsuits that can be filed in case of infringement, authorized and competent court.
Week 6: Elements and functions of trademark, signs that can and cannot be trademarks, registration of trademark and scope of trademark right.
Week 7: Reasons for the invalidity of the trademark and the effects of the invalidity decision, the reasons for the cancellation of the trademark and the effects of the cancellation decisions, infringement of the trademark right and the lawsuits that can be filed.
Week 8: Patent concept and types of patents (product/usage patent, additional patent, secret patent), subjects and inventions that cannot be patented, right ownership and registration.
Week 9: Patent protection, scope and limits of patent protection, invalidity of patent right, infringement of patent right and lawsuits that can be filed.
Week 10: Utility model concept, differences between patent and utility model, utility model protection.
Week 11: Types of designs, conditions of design protection and non-protection, registration and protection.
Week 12: The concept of unfair competition and its place in intellectual property law, unfair competition cases, the results of unfair competition.

• Midterm % 40
• Final % 60