WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TUR/L/1
17 July 2000
(00-2906)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
TURKEY
The present document reproduces the text1 of the Draft Law on the Protection of Layout-
Designs of Integrated Circuits, as notified by Turkey under Article 63.2 of the Agreement (see
document IP/N/1/TUR/2).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TURQUIE
Le présent document contient le texte
1 du Projet de loi sur la protection des schémas de
configuration des circuits intégrés, notifié par la Turquie au titre de l'article 63:2 de l'Accord (voir le
document IP/N/1/TUR/2).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
TURQUÍA
En el presente documento se reproduce el texto
1 del proyecto de Ley de protección de los
esquemas de trazado de los circuitos integrados, que Turquía notificó de conformidad con lo dispuesto
en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/TUR/2).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/TUR/L/1
Page 2
DRAFT LAW
ON
"THE PROTECTION OF LAYOUT-DESIGNS
OF INTEGRATED CIRCUITS"
PART ONE
General Provisions
SECTION ONE
Aim, Scope, Persons Entitled for Protection, Definitions
Aim and Scope
Article 1 - This Law aims hereby, to protect the layout-design of integrated circuits
conforming with the provisions of this Law, and to facilitate the formation and development
of the industry and of the competitive environment.
This Law encompasses the principles, the rules and conditions for the protection of
registered layout-design of integrated circu its. The provisions of this Law shall be without
prejudice to the application of some other forms of protection.
Persons Entitled for Protection
Article 2 - The protection conferred by this Law is available to natural and legal
persons who are domiciled or who have real  and effective indus trial or commercial
establishments within the territory of the Turkish Republic, or to the persons who haveapplication rights resulting from the terms of relevant international treaties.
Natural or legal persons other than those referred to in the first paragraph of this
Article, who are nationals of states which accord  legal and de facto protection to the nationals
of the Turkish Republic shall enjoy according to the reciprocity principle protection oflayout-design of integrated circuits in Turkey.
Definitions;
Article 3- For the purposes of this Law;
a)  "Integrated Circuit" means a product, in its final form or an intermediate form,
in which the elements, at least one of which is an active element, and some orall of the interconnections are integr ally formed in and/or on a piece of
material and which is intended to perform exclusively or together with otherfunctions an electronic function;
b)  "Layout-Design of Integrated Circuit" the three- dimensional disposition,
however expressed, of the elements, at least one of which is an active element,and of some or all of the interconnections of an integrated circuit, or such a
three-dimensional disposition prepared fo r an integrated circuit intended for
manufacture;
c)  "Institute" means the Turkish Patent Institute assigned with a Decree Law of
544 to implement the rules of this law.IP/N/1/TUR/L/1
Page 3
Priority of International Agreements
      Article 4 - If there is a contradi ction between the provisi ons of International
Agreements and the National Laws of Turkis h Republic the provisions of International
Agreements shall prevail.
SECTION TWO
Conditions of Protection
Subject Matter of Protection
Article 5 - Layout-design of integrated circuits shall be protected with certificate
under this law, if and in so far as they are original.
The protection under first paragraph shall not apply to the concepts, processes,
systems or techniques on which the topography is  based or to any information stored in a
microelectronic semiconductor product.
Protection under this Law sha ll not depend upon whether or not the integrated circuit
which incorporates the protected layout-design of integrated circuits is itself incorporated inan article.
Originality
Article 6 - Layout-design of integrated circuits shall be considered to be original if it
is the result of its creator's own intellectual effort and is not commonplace among creators of
layout-design of integrated circuits and manufacturers of integrated circuits at the time of itscreation.
A layout-design of integrated circuits consisting of arrangement of commonplace
parts shall be protected in so far as the arrangement is original as a whole.
SECTION THREE
Commencement and Term of Protection
Commencement and Term of Protection
Article 7- Protection of a layout-design of  integrated circuits under this Law shall
commence:
a) on the date of the first commercial exploitation; anywhere in the world, of the
layout-design of integrated circuits by the right holder, provided an applicationfor protection is filed by the right holder with Institute, within the time limit oftwo years, or;
b) on the filing date accorded to the application for the registration of the layout-
design of integrated circuits filed by the right holder, if the layout-design ofIP/N/1/TUR/L/1
Page 4
integrated circuits has not been prev iously exploited commercially anywhere
in the world.
Protection of layout-design under this Law shall terminate at the end of the tenth
calendar year after the date of commencement of protection.
1. 
2. Layout-design protection can no longer be claimed if the layout-design has not been
commercially exploited, other than confidentially, or has not been filed with the Institutewithin 15 years after the day of it is first fixation.
3. 
PART TWO
Right to Protection, L imitation of Protection
SECTION ONE
Right to Protection, Rights of the Right Holder
Right to Protection
Article 8 - The right to protection of the layout-design of integrated circuit shall apply
in favor of the creator of the layout-design of integrated circuits or his legal successor in title.
Where several persons have jointly created a layout-design the right to protection of
the layout-design shall belong to them or their legal successor in title jointly, unless acontrary agreement exists among the parties.
Right to Protection under Employment
Article 9 - Where layout-design of integrat ed circuits are developed by employees in
the execution of their duties, the right to protection of the layout-design of integrated circuitsshall apply in favor of their employers unless otherwise provided by the contract.
The right to protection of layout-design of integrated circuits shall apply in favor of
the employers for layout-design of integrated circuits which were not created in execution ofthe contract but developed by employers usin g the information and equipment available at
work.
In such cases the employee shall be aw arded a compensation the amount of which to
be determined on the merits and the significance of the layout-design of integrated circuits.The Court shall judge an approp riate amount for the reward in  case the parties cannot agree
on the amount.
Right to Protection of  University Personnel
Article 10 - As an exception to Article 10, fo r the layout-design of integrated circuits
developed by the teaching staff undertaking scien tific work at the faculties and schools of the
universities, the layout-design of integrated circ uits right shall apply in favor of the teaching
staff.IP/N/1/TUR/L/1
Page 5
The meaning of the title of teaching staff is to be understood according to the
provisions of the Higher Educ ation Law of Turkish Republic.
Where the subject educational body has made available specific equipment and means
for the research work having led to layout-d esign of integrated circuits, the university
teaching staff shall notify the educational body, in writing, of the exploitation of the layout-
design of integrated circuits and shall upon request of the body, specify the modality of
exploitation and the amount of proceeds achi eved. Within three months of such written
notification, the educational body may demand a reasonable share of the proceeds from the
layout-design of integrated circuits. The amount  of such share shall however not exceed the
expenses supported by the body.
Right to Protection under Contracts other than Employment Contracts
Article 11- Where the layout-design of in tegrated circuits has been developed in
execution of a commission the right to the protec tion shall apply in favor of to the person
who commissioned the work, unless othe rwise provided by the contract.
 Effect of Protection
Article 12- The protection shall have the effect that the following acts shall be
prevented by right holder if performed wit hout the authorization of the right holder:
a)    reproducing, whether by incorpor ation in an integrated circuit or
otherwise, the protected layout-design of integrated circuits in its entirety orany part thereof, except the act of re producing any part that does not comply
with the requirement of originality referred to in Article 6;
b) importing, selling or otherwise distributing for commercial purposes
the protected layout-design of integrated circuits, an integrated circuit inwhich the protected layout-design of integrated circuits is incorporated or anarticle incorporating such an integrated circuit in so far as it continues tocontain an unlawfully reproduced lay out-design of integrated circuits.
SECTION TWO
Limitation of Protection
Limitation of Protection
Article 13- The effect of protection of a la yout-design of integrated circuits under this
Law shall not extend to.
a) reproduction of the protected layout-d esign of integrated circuits for
private purposes or for the sole purpos e of evaluation, analysis, research or
teaching;
b) subject to acts in Article 12 of a layout -design which is the result of analysis or
evaluation under item (a) and is original  within the meaning of article 6;
c) Importing, selling or otherwise distributing commercial purpose of the layout-
design of integrated circuits or integrated circuits where the act is performed inIP/N/1/TUR/L/1
Page 6
respect of a protected layout-design of in tegrated circuits, or in respect of an
integrated circuit in which such a layout-design of integrated circuits isincorporated, that has been put on the ma rket by, or with the consent of, the
right holder;
d) the performance of any of the acts referred to in Article 12.1 (b) in respect of
an integrated circuit incorporating an unlawfully reproduced layout-design ofintegrated circuits or any article incorp orating such an integrated circuit where
the person performing or ordering su ch an act did not know and had no
reasonable ground to know, when acquiring the integrated circuit or the article
incorporating such an integrated circu it, that it incorporated an unlawfully
reproduced layout-design of integrated  circuits; however, after the time that
such person has received sufficient notice that the layout-design of integrated
circuits was unlawfully reproduced, that  person may perform any of the said
acts only with respect to the stock on hand or ordered before such time andshall be liable to pay to the right hol der a sum equivalent to a reasonable
royalty such as would be payable under a freely negotiated license in respectof such a layout-design of integrated circuits;
e) the performance of any of the acts referr ed to in Article 12.1 (b) where the act
is performed in respect of an identical layout-design of integrated circuitswhich is original and has been created independently by a third party.
PART THREE
Application and Registration
SECTION ONE
Application Conditions
Registration Authority
Article 14 - The body authorised for the re gistration of layout-design of integrated
circuits is the Institute. Applications in respect of layout-design of integrated circuits forwhich protection is sought shall be filed in writing, a separate application shall be filed foreach layout-design.
Application Conditions
Article 15- The appli cation shall contain;
a) a request for registration of pr otection which must clearly and
concisely designate layout-design of integrated circuit, as explained inImplementing Regulation;
b) a copy or drawing of the layout-design along with information defining the
electronic function which the integrated circuit is intended to perform;however the application may omit such parts of the copy or drawing that relateto the manner of manufacture of the inte grated circuit, provided that the parts
submitted are sufficient to allow the identification of the layout-design;IP/N/1/TUR/L/1
Page 7
c) specify the date of first commercial exploitation of the layout-design of
integrated circuits anywhere in the world or indicate that such exploitation hasnot commenced;
d) particulars establishing the right to protection under Article 8, 9,10,11 of this
law;
e) power of attorney appointing the repr esentative of the applicant, if any;
f) application fee.
Examination as to formality and filing date
      Article 16- Where the application does not duly comply with the requirements of
Article 15 and Implementing Regulation, the Institu te shall notify the app licant of the defects
and invite him to correct them within two months. If the defects are corrected within the timelimit, the Institute shall accord as the filing da te the date of receipt of the application,
provided that, at the time of receipt,
a) the application contained an express or implicit indication that the registration
of a layout-design of integrated circuits is requested;
b) indications allowing the identity of the applicant to be established;c) accompanied by a copy or drawing of the layout-design of integrated circuits.
Where  requirements mentioned in second pa ragraph were not complied with at the
date of receipt of the application but are corr ected within the time limit, the date of receipt of
the required correction shall be  date of the application. The In stitute shall c onfirm the filing
date and communicate it to the applicant.
If the defects are not corrected within the time limit, the application shall be deemed
not to have been filed.
SECTION TWO
Registration
Registration and Publication
Article 17- The Institute shall maintain a Register  of a layout-design in which it shall,
for each protected layout-design of integrated circuits, effect all the recordings provided for
in this Law, where the application complies with the requirements of Article 15 and 16  theRegistrar shall register the layout-design of integrated circuits in the Register of layoutdesigns without examination of th e originality of the layout-design of integrated circuits, the
applicant's right to protection or the correctness of the facts stated in the application.IP/N/1/TUR/L/1
Page 8
The content of the Register of layout-designs shall be regulated in implementing
regulation.
Any person may consult the Register of layout-designs and obtain extracts therefrom,
subject to the payment of the prescribed fee.
The registration of a layout-design of inte grated circuits shall be published in the
Bulletin, as regulated in the implementing regulation.
PART FOUR
Legal Transactions Related with th e Application and Registration Right
SECTION ONE
Transfer, Inheritance, Security, Levy of Execution
Transfer, Inheritance, Security, Levy of Execution
Article 18 - The rights to the protection of layout-design deriving from an application
for a layout-design and from a registered layout-design of integrated circuits may betransferred to third parties, and is subject to i nheritance. It is possible to act of disposal on
these rights depending on the death.
Application and Registration right to the protection of layout-design of integrated
circuits  may be charged as security, and may be  levied in execution. On request of one of the
parties, respective rights are entered in the Register of a layout-design and published. Relatedprovisions of the Turkish Civil Code, and the Bankruptcy and Execution Law shall have
effect with respect to security rights and execution.
The transactions between the living over the rights deriving from an  application and
registration of layout-design of integrated circuits  shall be entered into in writing.
The inheritance or transfer of an application or a layout-design of integrated circuits
right shall be recorded in the Register of a layout-design and published upon payment of thefee prescribed in the official communiqué on the fees. The effects shall enter into force vis-à-vis third parties as of  the publication date.
SECTION TWO
Licensing
Contractual Licence
Article 19 – Rights deriving from the a pplication and registra tion may be licensed.
Any license contract concerning a layout-des ign shall be registered and published upon the
request of the parties. The Institute shall keep its contents confidential. The license contractshall have no effect against third parties until such submission has been made.
License, may be exclusive or non-exclusive.  Unless otherwise specified in the contract
the license shall understood to be non-exclusive . Licensor may make use of his layout-designIP/N/1/TUR/L/1
Page 9
of integrated circuits rights personally, and may grant licenses to third parties on the same
layout-design of integrated circuits right
In the case of an exclusive license, licensor shall not grant licenses to other parties and
shall not himself make use of the layout-design of integrated circuits right unless such isprovided specifically by the contract.
Unless it is specifically provided in the c ontract, licensee cannot transfer the rights
arising from the license or cannot grant a sub license.
Unless provided otherwise by the contract, th e holder of an exclusive license may, in
the case of an infringement of the layout-design of integrated circuits rights, institute in hisown name all legal proceedings which have been  made available to the right holder of the
layout-design of integrated circuits right by this Law. Holders of non-exclusive licenses do
not have the right to institute legal proceedings.
In the case of an infringement, the licens ee of a non-exclusive license may give notice,
through a notary public, requesting the right holder of the layout-design of integrated circuits
to institute such proceedings as required.
In the event that the right holder of a layout-design of integrated circuits refuses to
initiate or within three months of the reception of the notice fails to institute proceedings, the
non-exclusive licensee shall have the right to institute proceedings enclosing notice. The
licensee who has instituted proceedings shall notify of the right holder of layout-design ofintegrated circuit that the proceedings have been instituted.
The licensee may, in the face of serious damage where elapsing of time cannot be
remedied, request the court to issue an injunction for precautionary measures.
PART FIVE
Invalidity and Termination of the Right
SECTION ONE
Invalidity
Invalidity and Request for Invalidity
Article 20-The registration of a layout-desig n of integrated circuit shall be declared
invalid by the  Courts upon the request of c onsumer association, establishments under the
jurisdiction of laws No. 5590 and No. 507 and other person on the grounds that:
a) Where proved that the layout-design of integrated circuits is not eligible for
protection under the provisions of th e Articles 5 and 6 of this Law;
b) Where proved that the entitlement to the layout-design of integrated circuits
right as provided in Articles 8, 9, 10 and 11 of this Law, actually belongs to
another person or persons.IP/N/1/TUR/L/1
Page 10
c) Where proved that layout-design has been commercially exploited anywhere in
the world before the application for registration not within the period of
mentioned in Article 7,  1 (a).
Where the invalidity relates only part of the application or of the registered layout-design
of integrated circuits, partial invalidity shall be  ruled in respect to that part. Invalidity may be
suited as counter claim.
The court shall notify the Institute either where the claim is instituted or the final decision.
Institute shall register and publish the final decision of Court.Effects of Invalidity
Article 21 - A final decision for the declaration of invalidity shall have retroactive effect.
The retroactive effects of invalidity, without  prejudice to claims for compensation for
damage caused by lack of good faith on the part of the holder of the layout-design of integrated
circuits right shall not extend to the following:
a) any final decision for infringement of a layout-design of integrated circuits right
reached and enforced prior to the decision of invalidity;
b) contracts concluded and executed prio r to the decision of invalidity. However,
partial or total reimbursement of sums paid under the contract may be claimed on
grounds of equity to an extent justifiable by the circumstances;
A final decision of invalidity shall produce effect against all.
SECTION TWO
Termination of the Right
Reasons for Termination
Article 22 - The right of layout-design of integrated circuits arising from this Law shall be
considered to have terminated when:
a) the period of protection has expired;
b) the right holder of layout-design of inte grated circuits has surrendered his right.
The expiry of the period of protection provided by Law, terminated, the subject layout-
design of integrated circuits shall be deemed to  be a part of the public domain. Termination of the
right shall be published by the Institute.
Surrender of Right of a Layout-Design of Integrated Circuit RightIP/N/1/TUR/L/1
Page 11
Article 23- Right holder of a layout-design of  integrated circuits may surrender of his
rights arising from the layout-design of integrated circuits right or the application right.
The surrender shall be filed in writing at the Institute. Surrender shall have effect as of
the date of entry in the Register of layout-designs.
Right holder of a layout-design of integr ated circuits cannot surrender his right
without having the consent of the licensees or holders of rights recorded in the Register of
Layout-Design of Integrated Circuit.
Where there is a claim by a third party for the layout-design of integrated circuits and
a court injunction to this effect has been recorded in the Register of Layout-Design ofIntegrated Circuit surrender of layout-design of integrated circuits rights cannot be requested
without the consent of the referred third party.
PART SIX
Persons Authorised to Act and Attorneys
Persons Authorised to Act Before the Institute
Article 24 - The following are authorised to act before the Institute :
a) natural or legal persons w ho have filed the application;
b) patent attorneys registered by the Institute.Legal persons may only be represented by those duly empowered by their respective
authorised bodies.
Those who are domiciled outside the count ry can only be represented by patent
attorneys registered by the Institute.
Where an attorney has been appointed, all procedures are executed through the
attorney. All notices made to the attorney shall be considered to have been made to theassignee.
PART SEVEN
Infringement of Right and Civil Procedures
SECTION ONE
Infringement of a Layout-Design of Integrated Circuit Right
Infringement
Article 25 - Any person who infringes layout-design protection contrary to the
provisions of Article 12 and w ithout having the right under Article 13 may be sued by the
injured party to enjoin such infringement.IP/N/1/TUR/L/1
Page 12
Where the application for the registration of layout-design of integrated circuits has been
published in accordance with Article 17 of this Law, the application right holder has the right to
institute civil and penal proceedings against the infringing party. Where the infringing party has been
informed of the application and its scope, infringe ment shall be considered to exist before the
publication when the court rules that the infringing party was acting in bad faith.
SECTION TWO
Right to Transfer
Right to Transfer
Article 26 - Where the essential content of the application has been taken from the
layout-design of integrated circuits of anothe r person, than this person may, request from the
court to transfer application.
Where the application has already resulted in a registration ,that person may within
three years from the publication of registration , request from the Competent Court to transferthe registration to him and to rectify the entry in the Register accordingly.
SECTION THREE
Civil Proceedings
Request of the Right Holder and the Competent Court in Civil Proceeding
Article 27 – Application or re gistration right holder whose rights have been infringed
may request for the following from the Court:
a) determination of the evidence of infringement;b) declaration of an infringement;c) remedies for infringement and compensation for damages incurred;d) confiscation of products produced or  imported and of the equipment used
directly to produce such goods which have  infringed the rights of a registered
layout-design of integrated circuits;
e) property over the products confiscated in accordance with subparagraph (d); in
this case the value of the products shall be deducted from the compensationawarded. If the value of the products turn out to be above the compensationvalue awarded, the layout-design of in tegrated circuits right holder shall
reimburse to the infringing party;
f) enforcement measures for the prev ention and prohibition of continued
infringement of rights, in particular re quest the destruction of the products and
equipment if it is essential for the prevention of acts of infringement or theprevention of alterations on the products  and equipment confiscated according
to subparagraph (d);IP/N/1/TUR/L/1
Page 13
g) the disclosure to the public and to those related of the courts decision by
means of publication, costs of which sh all be met by the offending party.
As regards the measures, the court shall rule in accordance with the related provisions
of Turkish Civil Procedures Law on precautionary measures.
The competent court, for the institution of ci vil proceedings by the right holder of the
layout-design of integrated circuits against the third parties, is the court of the domicile of theplaintiff or of the place where the acts was committed or of the place where the act had effect.
Where the plaintiff is not a citizen of th e Republic of Turkey, the competent court is
the court of the domicile of the authorised attorney registered in the registry and if theattorney registration has been cancelled the court of the headquarters of the Institute.
The Competent Court, for the institution of proceedings by the third parties against the
right holder layout-design of integrated circuits , is the court of the do micile of the defendant.
If the applicant or right holder layout-design of integrated circuits is not domiciled in Turkey,the provisions of the thir d paragraph shall prevail.
Where there are several competent courts, the court at which the proceedings are
instituted first, is the competent court.
Documents Evidencing Infringement
Article 28 - The right holder layout-design of integrated circuits can request from the
infringing party the documents related to the use of the layout-design of integrated circuitswithout his consent, for valuation of the damages incurred suffered because of an
infringement of the layout-design of integrated circuits.
Surrender of Profits
Article 29 - The damages incurred by the right holder layout-design of integrated
circuits include not only the value of the actual loss but also the income loss incurred becauseof the infringement of the layout-design of integrated circuits rights.
The loss of income shall be calculated in accordance with one of the following
evaluation methods, at the option of the right holder layout-design of integrated circuits:
a) according to the possible income that the layout-design of integrated circuits
right holder would have generated if the competition of the infringing partydid not exist;
b) according to the income generated by the infringing party from the use of the
layout-design of integrated circuits;
c) according to royalty that would have been paid if the party infringing the
layout-design of integrated circuits right utilized the layout-design ofintegrated circuits under a licensing contract.IP/N/1/TUR/L/1
Page 14
In calculation of the profits surrendered, in particular the economic value of the
layout-design of integrated circuits, the term of protection remaining at the time ofinfringement, the type and number of licenses outstanding and similar factors shall be takeninto consideration.
Where the layout-design of integrated circ uits right holder has selected one of the
evaluation options specified in Article 31, cour t may add a reasonable extra amount if in the
opinion of courts layout-design of integrated  circuits contributes substantially to the
economic value of the product.
Time Limit
Article 30 - Time limit provisions of the Law of Obligations of Turkey shall have
effect concerning the time limits for request relating to infringements on layout-design of
integrated circuits rights.
Oppositions Against the Decisions of the Institute and Actions Before the Court
Article 31- The applicant ca n file opposition in writing against the decisions of the
Institute especially related with the decision of registration within two months of thenotification of the decision. Re-examination a nd Evaluation Board of the Institute shall
deliver its decision on the opposition.
Actions may be instituted within two months of the decision, at the competent and
specialized courts against the final decisions  of the Re-examinati on and Evaluation Board.
SECTION FOUR
Specialized Courts
Competent Courts
Article 32 - Special courts to be established by the Ministry of Justice shall have
jurisdiction for all of the actions and claims provided for this Law.
High Council of Judges and Prosecutors shall determine whic h of the Commercial
Courts of the First Instance and the Criminal Cour ts of the First Instance shall be appointed as
special courts and indicate their respective juri sdiction based on the request of the Ministry of
Justice.
For actions brought in respect of the Institute's decisions within this Law and for
actions brought against the Institute by the third parties who have suffered from the decisionof the Institute, the special court referred in the first paragraph shall have jurisdiction.
Publication of the Court's Decision
Article 33 - Where a court judgement has become final, the party whose action was
satisfied may request the publication in full or in summary of the final judgement in a dailypaper, radio, television or by ot her means of the media, the costs of which to be met by the
other party.IP/N/1/TUR/L/1
Page 15
The nature and extent of the publication shall be determined by the judgement. Right
of publication shall be void if not exercised within three mont hs of the date of the final
judgement.
SECTION FIVE
Special Provisions
Claims of Non-infringement to the Right
Article 34 - Any interested person may institu te proceedings against the right holder of
the layout-design of integrated circuits  to obtain a judgement of non-infringement
Prior to the institution of proceedings referr ed in the first paragraph, a request shall be
forwarded through the notary public to the a ttention of the right holder layout-design of
integrated circuits to enable the him to ex press his views on whethe r the industrial activities
or related serious actions that are initiated in Turkey by the requesting party constituteinfringement of the layout-design of integrated circuits rights.
Where the right holder of layout-design of integrated circuits right holder upon
receiving such a request does not respond within one month of the date of receipt receiving
the letter, or the content of the response is not found acceptable by the requesting party shall
have the right to institute proceedings according to the first paragraph.
Persons, against whom action of infringeme nt has been brought in respect of the
layout-design of integrated circuits right, cannot institute proceedings with respect to firstparagraph.
Institution of proceedings shall be communicated to all right holders entered in the
Register.
The actions referred to in this Article may also be instituted jointly with a claim for
invalidity.
Precautionary Measures and its Nature
Article 35 - Any person entitled legally to bring action as prescribed by this Law, may
appeal to the competed and special court to order precautionary measures.
The request for precautionary measures may be  filed before or with the institution of
proceedings or filed later. The request for precautionary measures shall be examinedseparately.
Precautionary measures shall be in nature to enable securing of the judgement and
particularly provide the following:
a) cessation of the acts of infringement of the layout-design of integrated circuits
right of the plaintiff;IP/N/1/TUR/L/1
Page 16
b) injunction to arrest within the borders  of Turkey, including the customs, the
free ports or the free trade areas and keep in custody the produced or importedgoods which have infringed the layout-design of integrated circuits rights;
c) ordering the placement of security for damages to be compensated.Implementation of the Provisions of Civil Procedures Code
Article 36 - With respect to other actions for securing and precautionary measures, not
mentioned in this Law, provisions of the Civil Procedures Code shall have effect.
Border Measures
Article 37- Customs authorities shall suspend s a precautionary measure the release of
the products which being exported or imported have infringed the rights of the right holder of
the layout-design of integrated circuits.
Suspension of release procedures shall be de termined by provisions to be enacted for
this purpose.
Suspension of release measure employed by the customs authorities shall cease to
have effect if proceedings are not instituted at the special court or a preventive injunction isnot obtained from the court within te n working days of the withholding.
PART EIGHT
Exploitation by a Government Agency or Third Person
SECTION ONE
General Conditions of Exploitation
Conditions of Exploitation
Article 38- The Council of Mi nisters may decide that, even without the authorization
of the right holder, a Government agency or a third person may exploit the layout-design ofintegrated circuits in the case of:
a)  the public interest, in pa rticular, national security , nutrition, health or the
development of other vital sectors of the national economy requires the
exploitation of a protected layout-desig n of integrated circuits for public non-
commercial use; or
b) a judicial or administrative body has determined that the manner of
exploitation of a protected layout-design of integrated circuits, by the right
holder or his license, is anti-competitive, would remedy such practice,
A request for the Council of Minister's authorization shall be accompanied by
evidence that the right holder has received, from the person seeking the authorization, arequest for a contractual license , but that person has been unable to obtain such a license on
reasonable commercial terms and conditions within a reasonable time. Institute evaluates itsIP/N/1/TUR/L/1
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idea, depending on the information and evidence,  and delivers it to the Council of Minister by
related Ministry.
The exploitation of the layout-design of integrated circuits shall be limited; in scope
and duration, to the purpose for which it was aut horized and shall be predominantly for the
supply of the domestic market.
It shall be non-exclusive and shall be subject to the payment to the right holder of an
adequate remuneration therefor , taking into account the economic value of the Council of
Ministers authorization, as determined in the Minister's decision and, where applicable, the
need to correct anti-competitive practices.
The exploitation right given by the Counc il of Ministers to the third party may be
transferred on the condition that it is transferred together with the business or the
premises/part of the business where it is being valorized. The Institute shall enter the transferin the register. The transfer shall have no effect against third parties until this register.
The exploiter don't have a right to give secondary license. Such an action shall be
deemed void.
The legal validity of any decision relating to the authorization and to the remuneration
provided in respect of such use shall be subject  to judicial review by the competent court.
Where such use is permitted to remedy a practice determined in paragraph 1 (b), then
the paragraph 2 and 4 sha ll not  be implemented.
Exploitation for Public Interest
Article 39 -The Council of Mi nisters may decide that to be put to use on grounds of
public interest by means of exploitation according to the Article 38 paragraph 1 (a). Theconcerned Ministry proposes to the Council Minist ers to issue a decree pertaining to the grant
of exploitation. In case, where the use of the la yout-design of integrated circuits is important
for national defence or public health, the proposal is prepared jointly by the concerned
ministry, and the Ministry of National Defence or the Ministry of Health.
The decision to grant exploitation, may, re strict the use of the layout-design of
integrated circuits to one or some enterp rises on grounds of its importance for national
defence.
SECTION TWO
Termination of Exploitation Right
Termination of Exploitation Right
Article 40- Upon the request of the righ t holder, the Council of Ministers shall
terminate the exploitation right if he is satisfied that the circumstances which led to hisdecision have ceased to exist and are unlikely to recur or that the beneficiary of theauthorization has failed to comply with the terms of the authorization.IP/N/1/TUR/L/1
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Notwithstanding of the first paragraph, the Council of Ministers shall not terminate an
authorization if he is satisfied that the adequate protection of the legitimate interests of thebeneficiary of the authorization justifies the maintenance of the authorization.
PART NINE
Penal Provisions
SECTION ONE
Penalties
Penalties in the case of Infringement
Article 41 - The persons who have wilfully committed the following acts shall be
sentenced to pay a fine of between. two b illion four hundred million lir as and four billion
eight hundred million liras or an imprisonment term  of between one and two years, or both of
them;
(a) supplying incorrect information on th e declaration concerning the identify of
the proprietor of the layout-design of integrated circuit.
b) removing without authority, the si gn, which has been put on a product or its
packaging, that is indicating the existence on an layout-design of integratedcircuit protection with respect to a le gally owned layout-design of integrated
circuit right.
c) falsely exposing oneself as the propriet or of an application of layout-design of
integrated circuit or the owner of th e layout-design of integrated circuit
The persons who have committed the following acts shall be sentenced to pay a fine
of between four billion eight hundred million and eight billion liras or an imprisonment term
of between two and three years.
a) transferring, giving as security or undertaking any other action, done under the
conscious knowledge of the non-existence of or of not being entitled to the
right of action as such, and committed in respect of the licence obtained or ofany one of the rights arising from the related provisions of the statues inrespect of protection of layout-design of integrated circuit rights;
b) committing acts, without being the rightful proprietor of the registered
industrial property right or after that th e protection has been expired or after
for any reason the industrial property right has been invalidated or after theright on the industrial property has be en terminated, of putting signs on a
product, produced and put on the market by own self or by others, or on its
packaging or on commercial documents or on advertising material in such aIP/N/1/TUR/L/1
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way that would give the impression of a relationship with a legally protected
layout-design of integrated circuit rights, or of using for these purposes writtenor verbal expressions, signs or wordin gs on publicity and advertising material.
Those who have committed any one of the felonies specified in Article 25 shall be
sentenced to a fine not to be less then one billion liras or to an imprisonment for a termbetween two years and four years or four billion eight hundred million and eight billion liras
in addition to this penalties, together with judgement shall be ruled to close down thepremises of their undertaking for a period not to be less than one year and they shall be
prevented from practising any commercial activity during the same period.
In case of repetition the sentences to be administered shall be both fine and
imprisonment.
Where the felonies stated above are co mmitted by those working in the undertaking
whether on their own initiative or under instruc tions while carrying out their duties, the
employees and the owner or the manager or  their representative and the person holding
whatever title whatsoever who is de facto managing the undertaking eho have not preventedthe misdemeanour shall be puni shed in the same manner.
Where the felonies stated in this Article have been committed during the execution of
tasks related with a legal entity, the legal entity shall also be liable for the fines, expenses anddamages in succession of the real persons who have committed the mis demeanour.  For those
assisting the acts, depending on the nature of the action  the provisions of the Articles 64, 65,
66 and 67 of the Turkish Penal Code shall apply.
Prosecution with respect to the felonies stated above shall be subject to complaint.
SECTION TWO
Right to Complaint
Right to Complaint
Article 42-. Subparagraph 8 of paragraph 1 of Article 344 of the Turkish Criminal
Procedures Code No 1412 shall not apply for the implementation of the provisions of this
article.
The right of complaint belongs to the person whose layout-design of integrated
circuits right has been infringed, and additionally belongs also to the Institute for all feloniesexcept those provisioned in article 25, and to the Consumer Associations and to
establishments  under the jurisdiction of Laws  no 5590 or no 507 for acts of  false declaration
with respect to true identity of the right holder layout-design of integrated circuits and foracts of affixing signs on a product produced and put to sale by own self or by others, or on its
packaging or on commercial documents or on advertising material in such a way  that wouldIP/N/1/TUR/L/1
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give the impression as if a relationship exists with a protected layout-design of integrated
circuits right, or of using to the same effect writings, signs or expressions in theadvertisements and comme rcials at the published and visual  media without being the right
holder of the layout-design of integrated circu its right or after the expiry of the protection
term or after the invalidation of the layout-design of integrated circuits right or after thetermination of the layout-design of integrated circuits right. The proceedings with respect tothe felonious acts should be initiated within two ye ars of the date of being informed of the act
and the actor.
The complaints with respect to acts falling within this scope shall be treated as of
urgent matters.
The provisions of Article 36 of the Turkish Penal Code and the related articles of the
Criminal Procedures Code shall apply for the seizure, the confiscation or the destruction ofthe goods and the equipment and machinery used to produce these goods which are subjectsof acts of felony having infringed the rights arising from a layout-design of integrated circuitsright application or a protected layout-design of  integrated circuits within the provisions of
this Law.
Regulation
Article 43- For the purpose of implementing this law, regulation shall be prepared
within three months of the publication of this law and put into force at the same date of this
law.
Transitional Article
Article 1 - For the purposes of this Law, until the Special Courts are established, based
on the request of the Ministry of Justice, Hi gh Council of Judges and Prosecutors shall select
from the Commercial Courts of the First Instance and the Criminal Courts of the FirstInstance those to be appointed as special cour ts and indicate their respective jurisdictions.
Entry Into Force
Article 44 - This Law shall enter into force on the day of publication.
Execution
Article 45 - This Law shall be ex ecuted by the Council of Ministers.
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