Intellectual Property Arbitration in Turkey - Chapter 24 - Arbitration Law of Turkey: Practice and Procedure
Dr. Ziya Akinci, is the founding partner of AKINCI Law Oices, Turkey. He sits as an arbitrator in disputes under the ICC and other institute rules, including ITO and TRAC and also under ad hoc rules. Dr. Akinci acts as party counsel in arbitrations, both domestic and international, and under ICC, ICSID and ad hoc rules. He has previously been requested to provide expert opinions in some arbitration cases. Dr. Akinci is member of the ICC Court.
Originally from Arbitration Law of Turkey: Practice and Procedure
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
• Intellectual and industrial Designs
• Geographical Signs
• Topographies of integrated circuits
24 INTELLECTUAL PROPERTY ARBITRATION IN TURKEY
24.1 TURKİSH INTELLECTUAL PROPERTY LAW