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Security Rights in Intellectual Property in Turkey

  • Ergun Özsunay
  • Murat R. ÖzsunayEmail author
Chapter
  • 28 Downloads
Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 45)

Abstract

Although intellectual property rights are still not commonly used as security in Turkey, this usage does occur. Turkish law enables and, as of recently, even encourages the use of such rights as security, especially in the field of commerce. Two relatively new laws—namely, the Law on Industrial Property, No. 6769 of December 22, 2016 (Sınai Mülkiyet Kanunu) and the Law on Movable Pledge in Commercial Transactions, No. 6570 of October 20, 2016—are based, in general, on recent global developments and are in harmony with foreign and international legislation. Law on Movable Pledge in Commercial Transactions, No. 6750 has not introduced the system and solutions of the UNCITRAL Model Law on Secured Transactions. Nevertheless, Law No. 6750 has indeed expanded the possible practical uses of security rights over movables (including, inter alia, IP rights) that were formerly prescribed by the Turkish Civil Code and the relevant legislation. Accordingly, while the functions of the Registry (SMS) of the Turkish Patent and Trademark Office have been maintained, a second, quasi-parallel registry (TARES) has been established for certain commercial purposes. As mentioned before, the expanded possibilities provided by the new Turkish law do not include the Model Law concepts “registration of a notice”, “registration of an amendment or cancellation notice”, “search criteria in the Registry”, etc. The authors of this paper are of the opinion that Turkish lawmakers should eventually adopt the UNCITRAL Model Law on Secured Transactions and relevant UNCITRAL texts.

References

  1. Brown Keyder V (1996) Fikri Mülkiyet Hakları ve Gümrük Birliği (in English: Intellectual Property Rights and Customs Union). Intermedia, IstanbulGoogle Scholar
  2. Tekinalp Ü (2012) Fikri Mülkiyet Hukuku (in English: Intellectual Property Law), 5th edn. Vedat Kitapcilik, IstanbulGoogle Scholar

Copyright information

© Springer Nature Switzerland AG 2020

Authors and Affiliations

  1. 1.Istanbul University Law Faculty (Em.)IstanbulTurkey
  2. 2.Istanbul Bar Assoc. Apprentice Training Center (SEM)IstanbulTurkey

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