Entrepreneur's Handbook
INTELLECTUAL PROPERTY TYPES
Intellectual Property Law is divided into Copyrights (Intellectual Rights) and Industrial Rights (Figure 1). Copyright (Intellectual Property Rights) includes scientific and literary works, musical works, fine arts and cinema works as specified in the Law on Intellectual and Artistic Works No. 5846. The rights of the works covered by copyrights belong exclusively to their owners and these rights cannot be used by third parties without permission.
Industrial Rights, another element of Intellectual Property Law, basically covers rights such as patents, trademarks, designs, geographical indications and integrated circuit topographies. However, it is seen that many new issues such as new plant varieties, trade secrets and Internet domain names are evaluated within this scope. Ultimately, products bearing distinctive names and signs such as inventions, trade names and brands can be given as examples of Industrial Rights with a basic point of view. Industrial Rights are considered as intangible rights that leave their powers to their owners for a certain period of time.
In this section, taking into account its relations with the entrepreneurship ecosystem, summary information about Copyright will be given, and the Industrial Rights dimension will be discussed in detail.
2.1. Copyrights (Intellectual Property)
According to the Law on Intellectual and Artistic Works No. 5846, an idea and a product of art must be a product of an intellectual effort, bear the characteristic of its owner, be shaped and be included in one of the types of work enumerated in the law, in order to be accepted as a work of art and protected. Accordingly, the main subject of Copyright is the science, science and literature, music, fine arts and cinema works that bear the characteristics of their owner. Accordingly, the creator of the work is considered as the owner of the work and the copyright subject to the work. From this point of view, Copyrights provide many financial rights to the owner of the work, such as processing, reproduction, dissemination, representation, transmission to the public through means of representation, sound and / or image, and sharing from this public transmission and broadcast. Copyrights also give the owner moral rights such as presenting his work to the public, specifying his name as the owner of the work, and the right to prevent changes in the work.
They are the intangible elements of human thought that are protected by copyright. With this feature, copyrights have an abstract character and have absolute right. However, various restrictions (for reasons such as public order, general morality and public interest) can be imposed on this absolute right for reasons such as the protection of the public interest.
2.2. Industrial Rights
The main subject of industrial rights is the intangible rights such as patent, utility model, brand and design related to the product resulting from the inventions. The most basic feature of the inventions evaluated within this scope is that they are applicable to industry (strong commercial aspect). Persons or institutions that put forward these inventions are considered as rights holders. From this point of view, Industrial Rights provide many financial rights such as production, commercial transactions (sales, licenses, pledges), export and import to rightful persons or institutions.
2.2.1. Patent
Before explaining the concept of patent, it would be appropriate to explain the concept of "invention" which is the subject of the patent. The invention, which can also be considered as a discovery, is the creation of something that was not found before (thought, method, device). The scope of the invention may be to find a new solution to a problem (problem) or to develop an existing solution.
It is an important issue by whom the invention, which plays a key role in economic development, was created. Accordingly, with the determination of the owner of the inventions, the inventor is provided with various rights regarding the product (producing, using or selling for a certain period in a certain region, etc.).
In the light of the above explanations, a patent can be defined as a document that shows who owns an invention and adds an economic value to the invention by providing various rights to the inventor.
It is only possible for the inventors to have rights on the new product or concept they have put forward by protecting that invention with a patent. The inventor can use the legal authority provided by law by protecting the product he has produced with a patent. Thus, all rights of the product resulting from the invention belong to the person who owns the product's patent. From this point of view, a patent can be considered as the most effective way to protect an invention.
There are many benefits and rights provided by the patent to the inventor as stated above. However, the patent has many benefits such as;
- encouraging innovation,
- motivation to innovators,
- Improving R&D activities,
- increasing economic growth and development,
- facilitating technology transfer and
- promoting foreign direct investment.
Famous scientist Marie Curie renounced her Intellectual Property Rights by not patenting the radium she discovered. As a reason for this decision, he stated that he based his invention not on himself, but on the accumulation of science throughout history, and emphasized that radium was the property of all humanity, not his own.
Another protection tool used to protect inventions is the Petty Patent. There are differences between Petty Patent and patent in terms of certification, examination and evaluation form. The protection provided by the Petty Patent is shorter than the patent. The choice of protecting the invention with a patent or Petty Patent certificate belongs to the inventor.
2.2.2. Brand
Today, the similarities between products and services are increasing. The existence of many products and services that meet the same needs pushes businesses towards differentiation. One of these differentiation efforts is the activities that will differentiate the products and services of the enterprise from its competitors.
Brand can be defined as the marks that distinguish the products or services of an enterprise from the products or services of other enterprises. These signs can be words, shapes, colors, letters, numbers, sounds, and the form of goods or their packaging, including personal names so that the subject of protection provided to the trademark owner is clearly and precisely understood.
The brand differentiates the product or service from other products and services through the signs mentioned above and adds value to it. With this feature, it also influences the purchasing and usage decisions by directing the preferences of the consumers.
Thanks to the brand that differentiates the product or service from others, businesses can create strong ties with their customers. As a result of this bond, high customer loyalty emerges and important pricing opportunities arise for businesses. However, it should be noted that it is not enough to have only one brand in creating this bond. After the brand is created, brand identity studies should be carried out by adding various meanings to the brand.
2.2.3. Design
Today, products differ from rival products not only in terms of their technical features but also with their designs and this difference affects user preferences. For this reason, businesses focus on the design features of the products or services they produce as well as the technological level.
The appearance of any product or a part of that product, which is formed by certain elements or features such as its line, shape, color, form or decoration, and which can also be perceived by human senses, is called "design". In shorter terms, Design can be defined as the whole formed by various elements and features of the decoration on all or a certain part of a product. However, the relevant design must have a feature perceived by human senses such as line, type, shape, color, texture, material or flexibility.
Designs can vary in many areas. When viewed from this angle;
- The shapes and patterns on the packaging of a product,
- garment models and patterns on the fabric,
- furniture models and patterns applied on furniture and
- designs made on the vehicle with the machine can be given as examples of Industrial Design.
There is a close relationship between design and other industrial property rights. Accordingly, while the patent focuses on the functional aspect of the product, the designs protect the outer appearance of the product. In addition, design is one of the most important elements of brand building.
2.2.4. Geographical Indication
Today, one of the distinctive features of the products is the originality of the raw material and production method used for the product. Making this specificity standard and continuous based on certain requirements prevents the spoilage of products specific to certain geographical regions.
Geographical Indication, which serves to identify which country, region or region a product originates from, is divided into two as "origin name" and "source of origin". While origin name indicates that the entire production process of the relevant product is carried out in a specific region, region or country, source of origin defines products originating from a region, region or country whose geographical boundaries are determined, identified with this geographical area in terms of a distinct quality, reputation or other characteristics, and where at least one of the processes such as processing is carried out within the boundaries of the specified area.
In the light of the above definitions, it may be possible for the product to be produced outside the specified region in the source of origin, while the product in the origin name is only produced where it belongs. Accordingly, for example, Akçaabat Meatballs can be produced in Istanbul with the production method and characteristics determined in Trabzon. In this case, the Akçaabat Meatball origin mark can be used for meatballs duly produced in Istanbul.
Unlike other Industrial Property Rights, geographical signs do not belong to a specific person or business. Due to this feature, Geographical Indications do not provide a monopolistic authority (restriction) to the user using it.
2.2.5. Integrated Circuit Topographies
Electronic devices play an important role in the source of technological advances in our age. Integrated circuits are the basic elements required for the correct functioning of electronic tools and processes. Integrated circuits, also known as chips, microchips, silicon chips, computer chips and chips, are electronic devices that are produced in very small sizes.
An Integrated Circuit is defined as a product in intermediate or final form containing at least one active element, with some or all of its interconnections combined in or on a piece of material. The view showing the three-dimensional arrangement of the layers that make up the integrated circuit is called Integrated Circuit Topographies.
Integrated circuits are highly effective in the construction and development of electronic equipment. Integrated Circuit Topographs developed based on this increase the efficiency and function of electronic tools and systems. Considering that this efficiency increase provides a significant competitive advantage to businesses, protection of Integrated Circuit Topographies is of great importance.