4. COPYRIGHT LAW IN EU AND TURKEY A) EU 1) No general legislation re: IP law 2) Uses “directives” and “resolutions” to protect copyrights 3) Each one addresses a specific aspect of CR protection B) Turkey 1) Largely grounded in Berne Convention principles 2) As a WTO member, also bound to TRIPS 3) Turkey’s Law No. 5846 a) Authorship, b) Categories, c) Specific rights, d) Exceptions (next 2 slides)

b. Categories of Protected Works a. Authorship – Only Real persons can be authors; Joint authors also recognized; Legal persons may use economic rights originating from employee work (with exceptions) b. Categories of Protected Works Literary and Scientific: Books, speeches, technical drawings, blueprints, computer programs Musical: Compositions (with or without words) Fine Art: Painting, drawing, calligraphy, photography, sculpture, handcrafts, miniatures Cinematographic: Films Adaptations/Compilations: Anthologies, collections

c. Specific Rights Conferred Economic: Copy, distribute (sale/rent/lending copies), perform, broadcast; rights last 70 yrs after death; waiver/transfer of economic rights must be in writing Moral: Right of attribution, integrity of work, first communication to public; honor the author’s expression Derivative: Performers, radio/TV broadcasters d. Exceptions and Limitations Public: Gov’t works, teaching, quotations, reuse of news Private: Private use copy, test/back-up copy computer programs

5. PATENT LAW A) Function of Patents B) Limitation of Patent Rights 1) Grant limited “monopoly” rights over new inventions 2) Invention must be new, reproducible, have tech. application B) Limitation of Patent Rights 1) Do not automatically attach; must be approved by gov’t 2) Standard exceptions for things like testing/using disclosed info 3) Time -- after patents expire, property becomes public C) EU Patent Law (3 sources) 1) Euro Patent Conven - EPO grants patent; recognized in all EU a. Requirements - must be new, have inventive step, indus application b. Exceptions - plants/animals, bio processes, public morality/order 2) Directive 98/44 - Biotechnology/genetic engineering inventions 3) National laws - National patents available (distinct from EPO patents); national laws also handle enforcement

D) U.S. Patent Law 1) Patent & Trademark Office - Patents normally granted 20 yrs 2) U.S. Constitution - Art. 1 authorizes Congress to make laws, to encourage and protect invention rights 3) Patent Statute - Congress responded: Allows patents for new process, machine, manufacture,composition of matter, or a new/useful improvement - Does not protect abstract ideas 4) U.S. Supreme Court - Says the following are not patentable: * Ideas * Natural phenomena/Laws of nature * Algorithms * Solutions to a problem * Result of a process (process itself can be patented)

E) Turkish Patent Law 1) Turkish Patent Institute - www.tpe.gov.tr/portal/default.jsp (also handles TM registration) 2) Applicable Laws - Patent Decree Law No. 551 - Implementing Regulation 3) Timeframe - Patents expire after 7-20 years

6. TRADEMARK LAW A) Generally 1) What is a TM? 2) TM Categories a. An industrial sub-category of IP (like patents) b. Logo, symbol, feature that can be represented visually/graphically c. Helps distinguish one firm’s goods from another 2) TM Categories a. Three Basic Types Recognized in Turkey: - Individual TM (1 firm or person), - Guarantee marks (entities under control of 1 owner) - Collective marks (used by association members) b. Nice Classification System (for registration) - 34 classes of goods, 11 classes of services - TMs are protected in whatever category(ies) they are registered 3) TM Functions: a) identification, b) quality, c) communication

B) TM Protection in the EU 1) Community TM a. Created by 2 different EC regulations b. TM is registered centrally with OHIM & recognized throughout EU c. First to file/register gets protection (first use of TM is irrelevant) 2) Directive 2008/95/EC a. Goal is to eliminate different TM law provisions within the EU b. Made common set of rules related to TM recognition & protection c. EU members can make own rules re: TM registration procedures

C) Turkish TM Law (apply to Turkish Patent Institute) 1) General a. Decree passed in 1995; Based largely on EU Community TM b. It is known as Law No. 556 2) Symbols/Signs a. Anything that can be represented graphically/visually b. Words, names, letters, numbers, designs, shapes, sounds c. Distinctive tastes and smells – probably not 3) Grounds for Refusal (Arts. 7 and 8) a. Absolute grounds - Devoid of any distinctive character (like a plain, ordinary shape), - Identical or confusingly similar to previously- registered mark - Generic (name of company, common words) - Deceptive as to nature, quality, origin - Religious symbols - Contrary to public policy/morality b. Relative grounds - If TM would conflict w/prior TM rights

4) Opposition to TM Registration a. Have 3 months to contest registered TM b. Can be based on absolute or relative ground 5) Rights Conferred by Registered TM a. Generally – Owner has exclusive use of mark on goods/services b. Limitations - Must be approved by government authority - Owner may give up or waive this right (license/franchise) - Only protects again infringements like identical symbol used for identical/similar goods, or similar symbol for identical/similar goods if it will cause consumer confusion 6) Well-Known TMs a. Mostly protected by 1883 Paris Convention & 1994 TRIPS treaty b. Whether a mark is “well-known” is determined by country law * Turkish Patent Institute (TM & Patents) - http://www.tpe.gov.tr/portal/default.jsp