Subject 13 – Intellectual Property Rights on Internet And Software, Trademark Law and Domain Name

tarafından | Eki 18, 2023 | Cyber Law

Subject 13 – Intellectual Property Rights on Internet And Software, Trademark Law and Domain Name

Copyright Law in General

In Turkish Law, copyright is regulated by Law No. 5846 on Intellectual and Artistic Works (“FSEK”). However, the term “copyright” is not used in the law’s structure. According to the third paragraph of Temporary Article 1 of the law, “In legislation and contracts, the rights and powers recognized in this law under similar terms such as copyright, copyrights, literary property, fine arts property, and the like are understood.” This means that the law’s provisions grant and protect the rights related to works.

FSEK defines and safeguards intellectual and artistic works, the rights of their creators, the rights of performing artists who perform or interpret these works, phonogram producers who make the initial fixation of sounds, as well as producers who make the initial fixation of films, and the moral and financial rights of radio-television institutions on their products. It also regulates the conditions for utilizing these works, as well as the sanctions for unauthorized use in violation of the specified principles and procedures.

  • Concept of Intellectual and Artistic Works

According to FSEK Article 1-b/a, “work” is defined as “all kinds of intellectual and artistic products that bear the characteristics of their owner and are considered as works of science and literature, music, fine arts, or cinema.” (The terms “work” and “intellectual and artistic work” will be used interchangeably from now on.)

Based on this definition, the elements of an intellectual and artistic work are as follows:

  • Being the product of intellectual effort

The first criterion for being an intellectual and artisticwork is that it is created through the intellectual effort of the owner.

  • Being shaped and formed, becoming a work

What is protected by FSEK is not “ideas” but the expressions of those ideas. Ideas can only be protected if they meet the conditions for patents or utility model certificates. Therefore, FSEK protection is not for ideas but for the works that result from those ideas.

  • Bearing the characteristics of its owner

Bearing the characteristics of its owner means that the work is a product of the creator’s own feelings, thoughts, and personal traits. There are no specific requirements for aesthetic value to be considered a work.

  • Falling into one of the types of works specified in the law

The types of  intellectual and artistic works are limited and enumerated in the law, so for something to be considered an intellectual and artisticwork, it must fall within one of these defined categories.

  • Types of Works

According to the FSEK, the types of intellectual and artistic works are determined as follows:

  • Literary and Artistic Works (Works expressed in any language or writing and computer programs expressed in any form, as well as the preparatory designs for these, provided that they lead to a program as a result)
    • Musical Works
    • Fine Art Works
    • Cinematic Works
  • Rights of the Author:

The rights of the author are regulated between Articles 13 and 17 of FSEK:

  • Moral Rights:
  • Public Presentation Right (Right of Disclosure)

Whether a work is to be presented to the public, when it will be published, and in what manner is exclusively determined by the work’s creator. Only the creator of the work can provide information about the content of a work that has not been disclosed in its entirety or significantly, or has not been introduced to the public in any way.

  • Right to Specify the Name

The authority to decide whether to present a work to the public or publish it with the name of the creator or a pseudonym or without a name belongs exclusively to the work’s creator.

  • Right to Forbid Changes in the Work

No alterations, additions, or other modifications can be made to the work or the name of the work’s creator without the permission of the work’s creator.

  • Rights of the Work’s Creator Against Possessor and Owner

In the case of a unique and original work, the Work’s Creator can request the work to be used in exhibitions and events with the condition of returning the work later.

  • Financial Rights 

  • Right of Adaptation

The right to create intellectual and artistic works that are not independent compared to this work and that bear the personality of the processor by benefiting from another work. In accordance with FSEK 6/11, ‘‘Databases obtained by the selection and compilation of data and materials according to a specific purpose and a specific plan,which are in a form that can be read by a device or in any other formAdaptations bearing the characteristic of the person making the adaptation, which are created without prejudice to the rights of the author of the original work, shall be deemed works under this Law.’’

  • Reproduction Right

The right to reproduce the original of a work or its copies, in whole or in part, directly or indirectly, temporarily or permanently, by any means or method.

  • Right of Distribution 

The right to lease, lend, offer for sale, or distribute the original of a work or reproduced physical copies.

  • Right of Performance 

The right to utilize a work by means of representation, such as reading, performing, playing, or displaying it directly or through instruments used for sound, voice, or image transmission in public places.

  • Broadcasting Right

The broadcasting of the original or reproduced copies of a work through broadcasting organizations that transmit via wire or wireless means, including digital transmission, such as radio, television, satellite, and cable, or by means of instruments used for transmitting signs, sounds, and/or images.

  • Transfer of Rights

In accordance with FSEK 48, authors or their successors can transfer their economic rights mutually or unilaterally, for a limited or unlimited duration, with or without compensation. Agreements related to economic rights must be in writing, and the rights subject to the transfer should be clearly specified.

The author can transfer their economic rights or grant licenses/permits related to these rights.

  • Copyright Protection Durations

In accordance with FSEK 27, the duration of copyright protection is as follows:

  • For the lifetime of the author and 70 years after their death.
  • In the case of multiple authors, the protection lasts until 70 years after the death of the last surviving author.
  • If the author is a legal entity (corporation), the protection duration is 70 years from the date of publication.
  • For works that become public after the author’s death, the protection lasts for 70 years from the author’s death.
  • If the author is unknown, the protection duration is 70 years from the date the work becomes public. The protection period doesn’t begin until the work becomes public.

Upon the expiration of the protection durations, the economic rights granted to the author cease. Therefore, works for which copyright protection has expired can be freely used without the need for the author’s permission.

  • Protection of Computer Programs under Copyright Law
  • The Work Nature of Computer Programs

Computer programs consist of four main components within the scope of copyright protection:

  • Program flow (software idea sequence),
  • Algorithms,
  • Source codes, and
  • User interfaces.

According to the definition provided in the FSEK, a computer program refers to: A set of computer instructions arranged in a way that will make a computer system carry out a special process or task and the preparatory work that will lead to the creation and development of such a set of instructions.

The interface, on the other hand, refers to: The parts of a program that form the interaction and connection between the hardware and software elements of a computer.

In terms of its literal meaning, “interface” is referred to as the “front page containing various images, graphics, and text that enables the user to run computer software.” In essence, the interface can be described as the area where users interact with and see the software they are using.

Under FSEK, computer programs have been classified as “works” in the category of scientific and literary works. This change, recognizing computer programs as “works,” was introduced through Law No. 4110, which was published in the Official Gazette dated June 12, 1995 and numbered 22311, amending certain provisions of the “Law on Intellectual and Artistic Works.”

According to FSEK Article 2/1-1: Works that are expressed by language and writing in any form, and computer programs expressed in any form together with their preparatory designs, provided that the same leads to a computer program at the next stage.

According to FSEK Article 2/2:  Ideas and principles on which any element of a computer program is based, including those on which its interfaces are based, are not deemed works.

Based on Article 2 of the FSEK, it is concluded that ‘‘algorithms and source code are entitled to copyright protection as long as they are transformed into a program. However, it is determined that the program flow and interfaces do not benefit from copyright protection.’’

While the interface itself is not eligible for protection as a work, the visual representation of the interface may fall under the category of “works expressed in language and writing,” which are considered scientific and literary works. This distinction is highlighted in a decision by the 11th Civil Chamber of the Supreme Court D: 22.12.2015 (FN: 2014/15884, DN: 2015/13763).

Indeed, the expert report also highlighted this aspect. However, it was emphasized that while the user interface of the software belonging to the plaintiff does not fall within the scope of the final clause of Article 2 of the FSEK, the appearance in question is considered to have the nature of a scientific and literary work. According to the provisions of Law No. 5846, a work of intellectual property must be expressed in a manner that includes specificity to be eligible for protection as a work. The expert report, which formed the basis for the decision, did not provide an explanation regarding how the user interface in dispute possesses the element of specificity required for it to be considered a scientific and literary work.

Therefore, it is necessary for the court, if needed, to obtain a report from a new group of experts that is suitable for review by the Supreme Court. This report should comprehensively investigate whether the visual appearance of the user interface in question qualifies as a work of science and literature. If it does not possess the characteristics of a work, a determination should be made regarding whether the use of this appearance by the defendant in their own software may be considered unfair competition within the scope of Article 84 of the FSEK. Thus, the decision made based on an incomplete examination was incorrect, and the decision should be annulled for this reason.

According to the Supreme Court 11th Civil Chamber’s approval decision dated 10.12.2018, which states that the way the interface of a website functions is not considered a work:

“In accordance with the claim, defense and expert report adopted by the court, visual designs differ from each other on the websites of the parties, products that are usually sold on the websites of companies operating in the retail chain in the same lane, and campaigns related to these products are displayed and prices are published, in this context, similar to the general shape of the sites in this line of business, in accordance with the provision of Article FSEK 2 / I-1, computer programs are protected in the category of scientific and literary works, but the web design subject to litigation is not included among the works that will be protected as a computer program in the sense expressed by the law, the World Intellectual Property Organization defines a computer program as a command directory capable of enabling such a machine capable of processing information to perform a specific function or task or display a specific result, that the plaintiff’s website, in this context, the operating system of the computer program is loaded into an environment that the machine can read. The computer program is loaded into an environment that the machine can Decipher. The computer program is loaded into a machine capable of processing information, performing a specific function or task, or displaying a specific result. The website of the plaintiff, in this context, the operating system of the plaintiff’s website, operating system, on the other hand, the website belonging to the plaintiff cannot be defined as an application program or micro code, 4 of the FSEK. It was decided to dismiss the case on the grounds that it does not have the nature of a graphic work that falls into the category of a fine art work in the sense of its substance.”

  • Limitations on Copyright Protection in Computer Programs (Personal Use)

According to Article 38 of FSEK (Intellectual and Artistic Works Law), the reproduction of all intellectual and artistic works for personal use, without profit, is permitted. However, such reproduction cannot harm the legitimate interests of the rights holder without just cause, nor can it be contrary to the normal exploitation of the work.

For computer programs, the additional provisions to this provision are as follows:

    • In the absence of contractual provisions determining otherwise, the reproduction and processing of a computer program by the person who legally acquires it, including error correction, is permissible when necessary for the use of the computer program for its intended purpose.
  • Preventing a person who has legally acquired a computer program from loading, running, and correcting errors in the program through a contract is not allowed.
  • As long as it is necessary for the use of the computer program, a person with the right to use the computer program is not prevented by a contract from making one backup copy.
  • While performing the acts of loading, displaying, running, transmitting, or storing a computer program for which a person has the right to use, it is permissible to observe, study, and test the functioning of the program in order to determine the ideas and principles underlying any element of the program.
  • In cases where it is necessary to reproduce and process the code, including the translation of the code form, in order to obtain the information necessary to perform the interoperation of an independently created computer program with other programs, the execution of these acts is permissible under the following conditions:
  • These acts are performed by the licensor, a person authorized by them, or another person who is authorized to do so on behalf of the licensor or a person with the right to use a copy of the computer program.
  • The information necessary for the interoperation is not made available to the persons specified in subparagraph (1).
  • These acts are limited to the parts of the program required for interoperation.

The provisions of the paragraph above do not allow for:

  • The use of the knowledge obtained through its implementation for purposes other than performing the interoperation of an independently created computer program.
  • Giving this knowledge to others except when necessary for performing the interoperation of an independently created computer program.
  • Its use for developing, producing, or marketing a computer program that is essentially similar in expression, or for any other act that infringes intellectual property rights.
  • The provisions of the sixth and seventh paragraphs cannot be interpreted in a manner that would allow their use in a way that contradicts normal use of the program or unreasonably interferes with the legitimate interests of the rights holder.
  • Other Limitations on Copyright Protection
  • Due to Public Order

In accordance with FSEK 30, The rights granted to authors shall not prevent a work from being used as evidence in court or before other authorities or from being the subject matter of police or criminal proceedings. Photographs may be reproduced and distributed in any form by official authorities or on their instructions due to public security or for judicial reasons without the author’s consent. Reserved are the provisions of public law that prohibit putting a work into commercial circulation by any means, its performance or exploitation in any other form or that make them subject to permission or control.

  • Legislation and Court Decisions 

In accordance with FSEK 31, The reproduction, distribution, adaptation or exploitation in any other form of laws, by-laws, regulations, notifications, circulars and court decisions that have been officially published or announced is permitted.

  • Speeches

In accordance with FSEK 32, The reproduction, public recitation or broadcasting by radio and distribution by any other means, of speeches and addresses made in the Grand National Assembly and at other official assemblies and congresses, in courts of law or at public meetings, is permitted for the purpose of giving news and information. Where the nature of the event or of the situation does not so require, the names of the speakers do not need to be cited.

The right to reproduce or distribute speeches and addresses for purposes other than those mentioned in the first paragraph belongs to the author.

  • Freedom to Perform

In accordance with FSEK 33, Published works may be freely performed in all educational institutions for the purpose of face-to-face education and without directly or indirectly aiming for profit, provided that the name of the author and the work is announced in the customary manner.

  • Selected and Collected Works for Educational and Instructional Purposes 

In accordance with FSEK 34, It is free to create selected or collected works, which are dedicated to educational purposes, by way of making quotations in an amount justified by the purpose, from published musical, literary and scientific works and works of fine arts that are made public. However, this freedom may not be used in a way which would prejudice the legitimate interests of the author without good reason or which would conflict with the normal exploitation of the work.

The permission of the author is necessary for making selected or collected works for purposes other than education, by way of quotations of published musical, literary and scientific works and works of fine arts that are made public.  

  • Freedom of Quotation

In accordance with FSEK 35, Quotations of a work are permitted in the following cases: 

  1.   Quoting a few sentences or passages of a work made public, in an independent literary or scientific work; 
  2.   Incorporating certain elements of a published composition, at the most such as themes, patterns, passages or ideas, into an independent musical work; 
  3.   Reproducing works of fine arts that have been made public and other published works, in a scientific work for the purpose of explaining its content and to the extent justified by such purpose; 
  4.   Displaying works of fine arts that have been made public by projection or similar means in order to explain a subject at scientific conferences or lectures.

The quotation must be made in a manifest way. In scientific works, it shall be necessary to mention not only the name of the work and the author but also the passage from which the quoted part has been taken. 

  • Contents of Newspapers

Article 15 of the Press Law being reserved, daily news and information communicated to the public by the press or radio may be freely quoted. Articles or features on social, political or economic issues of the day published in newspapers or journals may be freely quoted in their original or adapted form in other newspapers or journals and may be broadcast by radio or disseminated by any other means, except where the right to quote them has been expressly reserved. Even where the right to quote is reserved, it is permitted to abridge such articles and features as a press review and to so quote, broadcast by radio or disseminate them in any other manner. In all such cases, mention must be made of the name, the issue and the date of the newspaper, of the journal, of the agency and of any other source from which the quotations have been made, together with the name, the pseudonym or the mark of the author of the articles.

According to Article 24 of the Press Law: “Those who republish news, articles, and images from a periodical publication without giving credit may be subject to heavy fines ranging from five billion lira to ten billion lira. If these works are republished without the permission of the periodical publication owner, even if the right of republication is reserved, those who republish them may be subject to heavy fines ranging from twenty billion lira to forty billion lira.”

The interpretation of these two legal articles together implies that, in cases where the right of republication for news published in periodicals is not reserved, there is room for unauthorized use of this content. However, if the right of republication for the published news is reserved, the permission of the periodical publication owner must be obtained.

  • News

It is permitted to record parts of an intellectual or artistic work on devices enabling the transmission of signs, sounds and/or images in relation to current events, provided that this has the nature of news and does not exceed the limits of giving information. The reproduction, distribution, performance and broadcasting by devices such as radio and television of passages quoted in such a manner are free. This freedom may not be used in a way which may prejudice the legal interests of the rights holder or which may conflict with the normal exploitation of the work.

According to Additional Article 4 of the Intellectual And Artistic Works Law , when the rights granted to copyright holders and related right holders under this Law are violated by service and information content providers using tools for signal, sound, and/or image transmission, including digital transmission:

  • Upon the application of the right holders, the content subject to the violation is removed. For this purpose, the individuals or legal entities whose rights have been infringed must first request the cessation of the violation from the information content provider within three days.
  • In case the violation continues, a new application is made to the Prosecutor within three days, this time for the cessation of the service provided to the information content provider continuing the violation by the service provider.
  • If the violation is stopped, service is provided to the information content provider again. Service providers submit a list containing the names of the information content providers to the Ministry on the first working day of each month.
  • Service providers and information content providers are obliged to provide any kind of information and documents to the Ministry if requested.
  • Copyright Protection through Registration

http://www.telifhaklari.gov.tr/Telif-Hakki-Nasil-Korunur

Within the scope of the Copyright Law, protected works benefit from automatic protection from the moment of creation. There is no need to register or obtain approval for the work.

However, certain procedures can be carried out to facilitate the protection of rights related to the work and especially to establish ownership.

The Registration Unit is the General Directorate of Copyright of the Ministry of Culture and Tourism.

  • Optional registration

Optional registration is a process that facilitates the identification of the creator or creators of a work. This process is based on a declaration and does not have the nature of establishing rights. Abstract ideas cannot be registered or recorded in their abstract forms; however, once they are concretized and shaped (turned into a work), they can be registered or recorded.

As a result of the optional registration application, a document containing information about the work and its creator is prepared and provided to the applicant.

  • Deeds of ownership prepared or approved by a notary.

It is possible for a person’s statement confirming that they have created the said work themselves and that all rights to this work belong to them to be drawn up or authenticated by a notary.

  • Mandatory Registration Filing

Mandatory registration is a process for recording and registering works related to film and music productions. 

The following works are subject to mandatory registration:

– Domestic and imported productions containing musical compositions.

– Domestic and imported film productions.

– Domestic and imported computer games.i

  • Trademark Law
  • Trademark Definition and Regulations

In Turkish Law, the concept of a “trademark” is regulated in Law No. 6769 on Industrial Property Code.

According to Article 4 of the Law, a trademark may consist of any type of sign, including words, shapes, colors, letters, numbers, sounds, and the form of goods or their packaging, provided that it is capable of distinguishing the goods or services of one enterprise from those of other enterprises and can be represented on the register in a manner that allows the subject matter of the protection afforded to the proprietor to be determined clearly and precisely, including personal names.

Based on this, it can be said that trademark protection is available for “signs that distinguish goods and services.

  • Trademark Protection and Registration

According to Article 7 of the Law, trademark protection provided by this Law is obtained through registration. This registration is carried out by the Turkish Patent and Trademark Office upon application.

In accordance with Article 11/3 of the Law, during the registration application, the goods or services subject to the application are classified in accordance with the International Classification of Goods and Services for the Purposes of the Registration of Marks established by the Nice Agreement, as decided by the Council of Ministers on 7/12/1995.

  • Protection Period and Renewal

In accordance with Article 23 of the Law, the protection period of a registered trademark is ten years from the date of application. This period is renewed in ten-year periods.

  • Criminal Provisions Regarding Infringement of Trademark Rights

The 30th article of the law specifies the penal provisions regarding trademark infringement as follows:

(1) A person who infringes another person’s trademark rights by producing or providing goods or services in a manner that imitates or creates confusion with another’s trademark, offering for sale, importing or exporting for commercial purposes, purchasing for sale, possessing, transporting, or storing, shall be sentenced to imprisonment for a period of one to three years and a judicial fine of up to twenty thousand days.

(2) A person who removes a sign indicating trademark protection from goods or packaging without authorization shall be sentenced to imprisonment for a period of one to three years and a judicial fine of up to five thousand days.

(3) A person who, without authorization, disposes of another’s trademark rights by transferring, licensing, or giving them as collateral, shall be sentenced to imprisonment for a period of two to four years and a judicial fine of up to five thousand days.

(4) In cases where the offenses specified in this article are committed within the framework of a legal entity’s activities, specific security measures are also imposed.

(5) For the imposition of penalties for the offenses specified in this article, it is a requirement that the trademark must be registered in Turkey.

(6) The investigation and prosecution of the offenses specified in this article are subject to a complaint.

(7) A person who offers for sale or sells goods that have been produced by imitating another person’s trademark and who informs authorities about the origin of these goods, helping to identify the manufacturers and seize the produced goods, shall not be subject to penalties.

  •  Protection of Domain Names

A domain name is the name and address of a website on the internet (e.g., www.baskent.edu.tr) .

Domain names have a hierarchical structure. In domain names, sections separated by dots have an increasing level of importance from left to right. In the domain name www.example.gov.tr, the rightmost section, “gov.tr,” is the Top-Level Domain (TLD), and the middle section, “example,” is the Second-Level Domain (SLD). Top-Level Domains are divided into two categories:

  • Generic Top-Level Domains (gTLDs)
  • Country Code Top-Level Domains (ccTLDs).

Generic Top-Level Domains are domain names that group domain names under a specific purpose, do not carry any geographical meaning, and consist of three or more characters with extensions like “com, net, org, gov, edu, mil, int.” These names were added to the domain name system in 1984 and have been in use since then.

Country Code Top-Level Domains are domain names that use two-letter abbreviations defined in the ISO (International Organization for Standardization) 3166 standard to represent a country, territory, or geographical region. For example, Turkey’s code is “.tr,” France’s is “.fr,” and Japan’s is “.jp.” (Source: https://www.btk.gov.tr/internet-alan-adlari-genel)

5.1.  The Protection of Generic Top-Level Domain Names (gTLD)

The internationally recognized organization responsible for domain names is ICANN.

ICANN, established in 1998, is a non-profit organization that operates for the public interest. ICANN authorizes domain name registration entities and coordinates the records. When a domain name is registered, it is also registered with ICANN, and the registration of the individual or organization owning the domain name is kept on record.

The “first-come, first-served” principle applies to domain names. In case of disputes, ICANN’s UDRP rules are applicable (Rules for Uniform Domain Name Dispute Resolution Policy). These rules specify the procedures and regulations for resolving domain name disputes through international arbitration.

5.2. Protection of Country Code Top Level Domains (ccTLD)

The regulation of country code top-level domains is mentioned in the Internet Domain Names Regulation dated 07.11.2010. 

According to this regulation, “domain name: an internet domain name with the ‘tr’ extension” is defined. Therefore, the regulatory provisions are for country code top-level domains. 

According to the regulation, the “.tr Network Information System (TRABIS)” is defined as “a system that operates the ‘.tr’ internet domain name system, including the central database, the creation and updating of the directory, the provision of directory services, and real-time domain name application processes, ensuring the security and business continuity of all these activities.”

5.2.1.  ccTLD Ülke Kodlu Alan Adı Tescili ve Devri

According to Article 8 of the regulation, domain name allocations can be made in two ways: certified or uncertified.

  • Uncertified domain name allocation follows the “first-come, first-served” rule. The time of the domain name application reaching TRABIS is used to determine who came first.
  • Certified domain name allocation involves providing the relevant information and/or documents to the Registration Authority (RA) by the applicant and forwarding this information and/or documents to TRABIS before the allocations are made. Domain names allocated with certification are listed in the appendix to this regulation.

Domain names are allocated to applicants who have successfully completed the application process on TRABIS and paid the required fees. A domain name is allocated for a minimum of one year and a maximum of five years.

According to Article 13 of the regulation, “Domain names can be sold or transferred.” 

To complete the sale or transfer process, the service provider (RA) must fill out the relevant form accurately and completely on their website. If the RA completes the necessary procedures on TRABIS, the change of the domain name holder will be made for the purpose of the domain name sale or transfer.

In the case of natural persons’ death, disappearance, or any similar situation, the domain name can be transferred to legal heirs.

5.2.2. Resolution of ccTLD Country Code Domain Name Disputes

According to the Regulation, universities, public professional organizations, or international organizations that resolve disputes related to Internet domain names through arbitrators or arbitration panels will operate as “dispute resolution service providers.”

According to Article 25 of the Regulation, to apply to the dispute resolution mechanism, the following conditions must be met:

  1. a) The disputed domain name must be similar to or the same as a registered or used trademark, trade name, business name, or other identifying signs, and
  2. b) The party who registered the domain name must not have any legal right or connection to this domain name, and
  3. c) The domain name must have been registered or used in bad faith by the domain name holder.

The Internet Domain Name Dispute Resolution Mechanism Regulation, Article 19, provides the following situations that regulate the bad-faith registration and use of domain names:

  1. a) The disputed domain name is assigned with the intention of selling or transferring it to the complainant or the complainant’s commercial competitors for an amount exceeding the documented allocation expenses and investment costs of this domain name,
  2. b) The disputed domain name is assigned to prevent the owner of the trademark, trade name, business name, or other identifying signs from using it in the domain name to hinder its use in the Internet domain name system,
  3. c) The disputed domain name is assigned with the intention of harming the businesses or activities of commercial competitors,

ç) The disputed domain name is used with the intention of directing internet users to the website of the domain name or any other website by creating confusion by making it similar to the trademark, trade name, business name, or other identifying signs owned by the complainant with the aim of making a commercial profit.

(2) The situations in the first paragraph of this article are not exhaustive, and the arbitrator or arbitration panel may decide that the domain name has been registered or used in bad faith based on their discretion.

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The copyrights pertaining to these lecture notes and all of their content, including the rights to reproduce, distribute, duplicate, represent, transmit via signals, and publicly communicate through any means of text, sound, and/or visual presentation, are protected by the Turkish Intellectual and Artistic Works Law and related legislation.All these intellectual and moral rights belong to Attorney and Lecturer Ozge EVCI ERALP. These lecture notes cannot be duplicated, published, or used without permission, and they cannot be published on internet websites without obtaining the necessarry permissions.  Ozge Evci ERALP 2023-2024