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Legal Alerts
11/09/2021 https://www.esin.av.tr/wp-content/themes/esin/images/esin.jpg

Updates Introduced to the Certificate Obligation for Intellectual and Artistic Works

Legal Alerts
Intellectual Property
General

Recent Development

The Regulation on the Amendment of the Regulation on the Procedures and Principles Regarding the Certification of the Companies that Fill, Reproduce and Distribute or Fill in the Materials in which Intellectual and Artistic Works are Detected (“Regulation“), which was prepared by the Ministry of Culture and Tourism (“Ministry“), was published in the Official Gazette on 6 July 2021. To facilitate the transition process of newly certified places, the Regulation will enter into force on 1 January 2022.

The Regulation recategorizes the establishments that are subject to the certificate obligation and simplifies the certificate application process to protect intellectual property rights more efficiently.

What’s New?

Under the Regulation, the following are obliged to obtain certificates and pay fees:

a) filling facilities, printing houses and other places where intellectual and artistic works are reproduced
b) businesses producing blank carrier materials
c) publishing houses
ç) film and phonogram producers
d) commercial art galleries, fine art retailers and auction houses
e) businesses that sell, distribute, import or lease copies and materials containing intellectual and artistic works

Since theaters and similar places that display and transmit motion pictures are already registered under the Law No. 5224 on the Evaluation, Classification and Support of Motion Picture Films, their certificate obligation has been abolished accordingly.

Pursuant to the Regulation, the General Directorate of Copyrights will carry out the certification of film and phonogram producers while the Istanbul Directorate of Copyrights and Cinema will carry out the certification of filling facilities. All other certification procedures will be carried out by the provincial culture and tourism directorates. Relevant certificate applications will be made through the Electronic Application System established by the Ministry, by declaring the necessary information and undertaking that the rights to intellectual and artistic works will be respected. The obligation to submit some documents (such as the activity certificate of the chamber of commerce/tradesman, the statute of the association, the business license and the original bank receipt for the certificate fee) has been abolished.

Establishments that are subject to the certificate obligation within the scope of the Regulation must present their certificates during inspections. In addition, printing houses, publishing houses, filling facilities and similar places must have the certificate number on each non-periodical publication and carrier material they produce or reproduce. Filling facilities are obliged to keep the source identification code (SID code) on carrier materials.

As for fairs, festivals or other cultural events where books or carrier materials containing intellectual and artistic works are sold on open stands, a “Temporary Sales Certificate” should be obtained from the company organizing the event on behalf of the culture and tourism directorate of the province where the event will be held.

As film and phonogram producers are obliged to obtain certificates in the scope of the Regulation, certificates have replaced the producer’s document given to such entities. Film and phonograph producers’ producer documents, whether temporarily or permanently obtained, will not be renewed at the end of their validity period. The producers will have to obtain a new certificate once the current document expires. In parallel with the Regulation, amendments were introduced to the Regulation on Registration of Intellectual and Artistic Works.

Conclusion

Businesses that fill, reproduce, sell or disseminate materials containing intellectual and artistic works will find the Regulation particularly relevant as it specifies basic certification procedures and principles, clarifies which businesses are obliged to undergo certification and simplifies the certificate application process.