Originally from Arbitration Law of Turkey: Practice and Procedure

CHAPTER 24

INTELLECTUAL PROPERTY ARBITRATION IN TURKEY

In modern times the global economy is increasingly being based upon conceptual products and international networks. Intellectual property rights (IPRs) have become the most valuable assets of many businesses due to the increased international marketing network and conceptual products. As a natural consequence of this, the number of arbitral proceedings related to intellectual property is growing exponentially. The ability to exploit, protect and enforce IPRs on an international basis is very often critical for businesses.

In many states, the local intellectual and industrial property rights laws provide for the registration of inventions, innovations, designs, marks, symbols and other original ideas under the name of their inventor, maker or initial proprietor for the purpose of ensuring their distinction from the intellectual and industrial properties of other makers in the market and, accordingly, serve to protect against counterfeiting. Arbitrability is one of the most important issues related to the intellectual property arbitration. Jurisdictions have various approaches to arbitrability of intellectual property disputes

24.1 TURKISH INTELLECTUAL PROPERTY LAW

According to Turkish legislation, the term intellectual and industrial property rights concerns1:

• Patents and utility models
• Trademarks
• Intellectual and industrial Designs
• Geographical Signs
• Topographies of integrated circuits