A Review on (Art. 68 of TCC) the Termination Methods for Infringement of Financial Rights on Copyrighted Products

Cases for violating intellectual and artistic property rights are regulated by the Turkish Copyright Code (TCC), in Articles 66-68. Where the TCC regulates the refutation of infringement of moral rights in Article 67, the refutation of infringement of financial rights is regulated in Article 68. Art...

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Bibliographic Details
Main Author: Mustafa Ateş
Format: Article
Language:English
Published: Istanbul University Press 2024-08-01
Series:İstanbul Hukuk Mecmuası
Subjects:
Online Access:https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/979261A45D434BD383B37F2F5ECB6954
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Summary:Cases for violating intellectual and artistic property rights are regulated by the Turkish Copyright Code (TCC), in Articles 66-68. Where the TCC regulates the refutation of infringement of moral rights in Article 67, the refutation of infringement of financial rights is regulated in Article 68. Article 68 provides that the owner of financial rights on intellectual products is authorised to demand three times more than the price or current price that would have been requested if the contract had been made from the person who violated the right. Likewise, in case of duplication, the rights holder is granted optional powers to request that the copies reproduced without permission be returned to him for an appropriate fee, destroyed, or paid three times the usual price. In this essay, Article 68 of the TCC, which found intense application after the 1995 amendments and invited heated debates, is analysed in detail.
ISSN:2667-6974