Sınai mülkiyet hakları aleyhine işlenen suçlar

Abstract

Intellectual property rights cannot be protected effectively on compensatory provisions alone. For effective protection, there is a need for criminal sanctions.Indeed, soon after Decrees, No's: 551, 554, 555, 556 were enforced, Law No 4128 incorporated crimes and punishments in relation to intellectual property rights. In the first part of the thesis, the meaning of intellectual property, its elements, its scope and the history of these rights has been investigated. Under the heading of related provisions, the elements of intellectual property crimes, the mens rea/mental element, attempt of these crimes, participation as an acccomplice, complaints with concern to intellectual property rights, confiscation, circumstances for special liability are all touched upon. In the second part, crimes committed against trademarks, in the third part; crimes committed against patents are discussed. In these parts, firstly the legal matter and the reason for their legal appropriateness are taken from a historical aspect, then the perpetrator of the offence, the actus reas, the mens rea, the moment the act is completed and attempt at the crime, are given as headings with detailed explanations accompanying them. In the fourth part, crimes committed against industrial design and geographical markings rights have been examined. However in order to avoid the possibility of repetition, detailed information has not been given with regards to each of the crimes. Once again, the legal matter and the legal appropriateness taken from a historical aspect have been investigated, then points of similarity with the previous parts are refered to and finally points of ^difference are stated.