TAIEX workshop for Southern Mediterranean countries on fighting against piracy and counterfeiting Tunis, 06 October- 07 October 2010

Turkish Intellectual Property System Administrative Bodies Enforcement Bodies Legislation Sanctions and Fines and Criminal Procedures

TURKISH IPR SYSTEM In Turkey industrial and intellectual property rights system is composed of legislation, administrative implementation and use of rights or enforcement. Within this scope and under the legislative and administrative structure, various competent authorities and officials are dealing with the intellectual property rights. Administrative structure is including only the application procedures. Administrative Bodies are composed of Ministry of Culture and Tourism and Turkish Patent Institute.

Ministry of Culture and Tourism The Ministry of Culture and Tourism General Directorate of Copyright and Cinema is the authority for registration of copyrights and related rights. Turkish Patent Institute The Turkish Patent Institute (TPI) is the competent authority for the registration of industrial property rights. On the other hand the use of rights are; law enforcement works to chase, confiscate and investigate the pirated and counterfeit materials and judicial procedures by the prosecutors and judges. Enforcement Bodies are composed of Ministry of Justice, Ministry of Interior and Customs Directorates.

Ministry of Justice Criminal and Civil Courts for Intellectual and Industrial Property Rights There are (11) eleven Criminal Courts and (12) twelve Civil Courts in total (23) twenty three Specialized IPR courts in Turkey. These are established Ankara, İstanbul and İzmir. The cities has been chosen according the level of infringements of IPR. Istanbul: 7 IPR civil courts, 7 IPR criminal courts, Ankara: 4 IPR civil courts, 2 IPR criminal courts, Izmir: 1 IPR civil court, 2 IPR criminal courts) General civil courts and general criminal courts are competent to deal with IPR cases where specialized IPR courts have not been established yet Public Prosecutors There are specialized prosecutor bureaus especially on important subjects in the felony courts, juvenile courts, commercial and IPR courts, in the big cities like Istanbul, Izmir and Ankara.

Ministry of Interior Under the responsibility of the Ministry of Interior, following bodies are the main enforcement units in IPR system: Governors According to (Law No 5846, Art. 81) Copyright Law: Governors might always supervise whether banderole is affixed or not.

Inspection Committees The Governors may form an “Inspection Committee” in provinces when deemed necessary. This a commission formed by provincial governors at the provinces from the representatives of the Ministries of Interior, (Police, Gendarmerie and Municipality Police), Ministry of Finance, Ministry Culture and Tourism, professional associations of authors and/or right owners affiliated with authors may always supervise whether banderole is affixed or not. General Directorate of Turkish National Police (Responsible within the municipal boundaries, provinces and towns) General Command of Gendarmerie (Responsible in the areas, outside the municipal boundaries) National Police, Gendarmerie, Municipality Police at Provincial Level

Customs Directorates Customs Undersecretary is composed of two parts, as headquarter and Regional Customs Administrations, There are (18) Regional Customs and Enforcement Directorate all around Turkey and (141) customs offices connected to these Regional Directorates with approximately (8000) customs officers. Collecting Societies There are (25) collecting societies on intellectual property rights in Turkey.

COORDINATION COMMITEE Meetings have been organized to make up” National Strategy Document on Intellectual and Industrial Property Rights” within framework of Coordination Board (established by The Prime Minister’s Circular dated 21 May 2008).

LEGISLATION International Agreements Turkey is a party of following international conventions, agreements and instruments related to intellectual and industrial property rights: Some of these are; Bern, Rome and Paris Conventions, TRIPS Agreement, European Customs Union member, WIPO- Copyright Treaty, WIPO Works Owner's Rights Convention (WCT), WIPO Performances and Phonograms Convention (WPPT), Locarno Agreement, Madrid Protocol, European Patent Convention, Trademark Law Treaty (TLT) (2005)

National Legislation As known, Turkey is on the way to the European Union full membership as a candidate country. Turkish IPR system is compatible with the EU directives and acquis communautaire. Copyrights Law Law No. 5846, Law on Intellectual and Artistic Works dated 1951 (Amended in 1983, 1995, 2001, 2004, 2008).

Industrial Rights Law Civil and penal sanctions available in relation to infringements of industrial property rights are provided in the following legislation: Decree- Laws No. 551 on Protection of Patent Rights, Decree- Laws No. 554 on Protection of Industrial Designs, Decree- Laws No. 555 on Protection of Geographical Indications, Decree- Laws No. 556 on Protection of Trademarks The Law Amending Decree Laws No. 551, 556, 554 and 555 (No. 5194) The Law on Protection of Integrated Circuits Topographies The Law on the Protection of the Plant Breeder’s rights

SANCTIONS AND FINES Copyrights Sanctions: 1-Non Banderole Works In our country banderol is used on works. It is compulsory to affix banderoles on the reproduced copies of musical and cinematographic works and on non-periodical publications. It is also compulsory, upon the request of the author or right holder, to affix banderoles on the reproduced copies of other works that can be easily copied. According to the Copyrights Law (Law no: 5846 Art:81) Those reproducing, putting into the market, selling, distributing or commercially purchasing or accepting works against banderole obligations or without any banderoles shall be punished by imprisonment from one to five years and judicial fine up to five thousand days. (Per day min 20, max 100 TRL. Totally min fine is TRL ( €), maximum fine is TRL ( €).

Infringement of moral rights and economics rights Any person, who willfully infringes the moral rights or economic rights which are protected by the law, will be sentenced to imprisonment from six months to five years or judicial fine judicial fine up to two thousand days. (Per day min 20, max 100 TRL. Totally min fine is TRL ( €), maximum fine is TRL ( €).

Industrial Rights Sanctions Making false declaration with respect to the right owner or removing without authority the sign indicating the existence of an industrial property right rightfully placed on a product or on its packaging or falsely presenting them as the right holder of an application for an industrial property right or of an industrial property right: shall be punished by imprisonment from one to four years and judicial fine up to twenty thousand days. (Per day min 20, max 100 TRL. Totally min fine is TRL ( €), maximum fine is TRL ( €).

TYPES OF SECURITY FORCES ACTION Investigation of intellectual and industrial rights infringements are based on complaint. But, except from the infringements mentioned in Law Number: 5846 article 81, which is on infringement of banderol. On the date 12 th March 2004 relevant IPR law (no: 5846) was amended and security forces, police units as well got ex officio power to fight against piracy books or CDs. By this amendment, police became a direct competent institution. On complained cases the right holders must complain to the competent bodies; public prosecutors or security forces. After this notification security forces have to start collecting the evidences accurately.

ALLOCATION OF TASK AT TURKISH POLICE At General Directorate of Police, State Security Department There are (8) Personnel, At Police Constabulary of Provinces State Security Sections There are (550) Personnel, Additionally There are (600) Police Officers Working at The State Security Sections as Patrol Teams. Total personal.

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