Intellectual Property Lawsuits and Criminal Cases
Civil Lawsuits
Under the Law No. 5846 on Intellectual and Artistic Works (FSEK), there are three types of civil lawsuits that can be filed when the rights of work owners are violated:
- Infringement Removal Lawsuit (Rectification)
This lawsuit is filed when an infringement has occurred, aiming to eliminate the consequences of the infringement and restore the work to its original state. - Infringement Prevention Lawsuit
This lawsuit is filed to prevent ongoing or potential future infringement of the work owner’s rights. - Material and Moral Compensation Lawsuit
This lawsuit is filed to seek compensation for the material and moral damages caused by the violation of the work owner's rights. In cases of unauthorized use of a work, both financial losses and moral damages can be claimed.
Criminal Lawsuits
The Intellectual and Artistic Works Law also foresees criminal sanctions in cases of violations of the moral and material rights of the work owners.
- Unauthorized Reproduction and Distribution of a Work
If a work is reproduced, sold, distributed, or used commercially without the consent of the work owner, criminal sanctions apply. - Plagiarism (Passing off another’s work as one's own)
Criminal penalties are applied to individuals who present another's work as their own or copy a work verbatim. - Unauthorized Use and Illegal Acts
Using a work without the owner’s permission through radio, television, internet, or other communication tools to broadcast, publish, or sell it is considered a criminal act.
Criminal Sanctions:
- Imprisonment: Infringements may lead to prison sentences.
- Monetary Fines: Criminal penalties may also include financial fines.
- Confiscation: In cases of unlawful acts, confiscation of infringing materials may be enforced.
To protect your intellectual property rights and receive legal support, feel free to contact us!