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International Protection of Intellectual Property and
Confiscation by Customs
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Att. Yesim Tokgoz
In today’s world where distances are no longer far away, and
international relations are conducted as smoothly as with nationals, to
limit the scope of intellectual property (“IP”) matters within countries’
borders is impossible. However, to create a unique system that protects
IP, internationally, seems equally impossible, as there are mental, cul-
tural, and jurisdictional differences to take into consideration.
Therefore, reference points that aim to determine necessary qualifica-
tions for the protection of IPs are established. These reference points
are established by international conventions.
This article sheds light on the international conventions regarding
the protection of IP rights being ratified by Turkey, and the precaution
of confiscation by customs, which is one of the protection proceedings.
International Conventions
The Convention Establishing the World Intellectual Property
Organization (“WIPO”), The Convention Establishing the World Trade
Organization (“WTO”) - Agreement on Trade Related Aspects of
Intellectual Property Rights (“TRIPS”), The Bern and The Rome
Conventions regarding copyrights; the Paris Convention, The
European Patent Convention (“EPC”), The International Patent System
(“PCT”) regarding industrial rights; the Madrid Protocol, the
Trademark Law Treaty (“TLT”) regarding trademarks, the Hague
Agreement regarding designs may be counted as examples to the
above-mentioned references points (herein after the “Conventions”).
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NEWSLETTER 2014
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Article of December 2014