GÜMRÜK MEVZUATINDA FİKRİ VE SINAİ MÜLKİYET HAKLARI

1. Giriş

Fikri, sınai ve ticari ürünler üzerindeki mülkiyet haklarının gerek ulusal ve gerekse uluslararası düzeyde korunmasına yönelik olarak son yıllarda önemli çalışmalar yapılmış ve birtakım hukuki düzenlemeler hayata geçirilebilmiştir. Bu kapsamda, 14 Haziran 1967’de Stockholm’de imzalanan ve BM bünyesinde faaliyet gösteren “Dünya Fikri Mülkiyet Örgütü”(WIPO) Kuruluş Sözleşmesi, Uruguay Konferansı Çok Taraflı Ticaret Görüşmeleri sonucunda imzalanan 3 Şubat 1995 tarihli “Fikri Mülkiyet Haklarının Ticaretle İlgili Yönleri Hakkında Anlaşma (TRIPS)” AB Komisyonu’nun 2004 Haziranında kabul ettiği “Fikri Mülkiyet Haklarının Uygulanmasına İlişkin Yönerge” uygulamaya konulmuştur.

Türkiye ise, gerek kendi iç mevzuatından ve gerekse uluslararası anlaşmalardan doğan yükümlülüklerini yerine getirmek amacıyla, hukuki korunma altında bulunan fikri ve sınai eserlerin ülkeye giriş-çıkışları ile ilgili olarak Gümrük Mevzuatında bazı özel düzenlemelere gitmiştir. Bu anlamda, AB Gümrük Kodu da dikkate alınarak hazırlanan 4458 Sayılı Gümrük Kanunu 4 Şubat 2000 tarihinde yürürlüğe girmiştir. Gümrük Kanunu’nun 57’nci maddesi ise fikri ve sınai mülkiyet haklarının korunmasına yönelik gümrük işlemlerine ilişkin hükümler içermektedir. Ayrıca, Gümrük Kanunu’nun uygulanmasına yönelik Gümrük Yönetmeliği’nin 105-111’inci maddeleri de fikri ve sınai mülkiyet haklarının korunmasına yönelik hükümleri kapsamaktadır.

Bu çalışmamızda, öncelikle, fikri ve sınai mülkiyet haklarının korunmasına yönelik ulusal mevzuatımız başlıklar itibariyle belirtilecek, sonra gümrük birliğinden doğan yükümlülüklerden kısaca bahsedilecek, müteakiben fikri ve sınai mülkiyet haklarının evrensel anlamda tanımı yapılarak gümrük mevzuatının fikri ve sınai mülkiyet hakları ile ilgili hükümleri incelenecektir.

2. Fikri ve Sınai Mülkiyet Haklarının Korunması Hakkında Ulusal Mevzuat

Ülkemizde, 5846 sayılı Fikir ve Sanat Eserleri Kanunu, 1 Ocak 1952 tarihinden bu yana yürürlükte bulunmakta ve bu alanda Çerçeve Kanun niteliği taşımaktadır.

Ayrıca, Türkiye-AB Gümrük Birliği sürecinin başlamasının hemen öncesinde, sınai mülkiyet haklarının, AB mevzuatına ve uluslararası normlara ve özellikle Dünya Ticaret Örgütü Anlaşması TRIPS Metnine uygun bir şekilde korunması amacıyla 551 sayılı Patent Haklarının Korunması Hakkında KHK, 554 sayılı Endüstriyel Tasarımların Korunması Hakkında KHK, 555 Sayılı Coğrafi işaretlerin Korunması Hakkında KHK ve 556 sayılı Markaların Korunması Hakkında KHK, 26 Haziran 1995 tarihli Resmi Gazetede yayımlanarak yürürlüğe girmiştir. Ayrıca, 4110 sayılı Kanunla, 5846 Sayılı Fikir ve Sanat Eserleri Kanununun bazı maddelerinde değişikliklere de gidilmiştir.

3. Gümrük Birliği Açısından Fikri ve Sınai Mülkiyet Hakları

1/95 sayılı Gümrük Birliği Anlaşması’nın fikri, sınai ve ticari mülkiyet haklarına ilişkin 8 nolu ekinde yer alan hükümler çerçevesinde, gerek uluslararası ve gerekse iç mevzuat açısından bir çok hukuki düzenlemeler yapılmıştır. Bu kapsamda, Türkiye’nin çok sayıda uluslararası anlaşmaya katılımı sağlanmıştır.

Sınai mülkiyet haklarının tescili ve korunması gibi işlemleri yürütmek ve ilgili mevzuatın verdiği diğer görevleri yerine getirmek üzere 24 Haziran 1994 tarihli 544 sayılı KHK ile, Sanayi ve Ticaret Bakanlığına bağlı, idari ve mali özerkliğe sahip Türk Patent Enstitüsü’nün kurulmuş olması sınai mülkiyet haklarının korunması alanında çok önemli bir adım olmuştur.

Türkiye-AB Gümrük Birliği’nin esaslarını düzenleyen, 22.12.1995 tarihli 1/95 Sayılı Ortaklık Konseyi Kararı’nın 31’inci maddesine göre, “taraflar fikri, sınai ve ticari mülkiyet haklarının yeterli ve etkili biçimde korunması ve uygulanmasını sağlamaya verdikleri önemi teyit etmekte, ancak, fikri mülkiyet haklarına Gümrük Birliği’ni oluşturan iki tarafta da eş düzeyde etkili koruma sağlanması halinde Gümrük Birliği’nin gereğince işleyebileceğini kabul etmektedirler. Dolayısıyla Karar’ın 8. Ekinde öngörülen ve TRIPS’den doğan yükümlülükleri yerine getirmeyi taahhüt etmektedirler.” Buna göre Türkiye, Karar’ın yürürlüğe girmesinden itibaren en geç üç yıl içinde TRIPS Anlaşmasını uygulamaya koyacaktır.

Ayrıca, 22.07.2003 tarihli 1383/2003 sayılı AB Konsey Tüzüğü de, Türkiye’nin gümrük birliği açısından müktesebat uyumu sağlaması gereken başlıca AB mevzuatı düzenlemeleri arasında yer almaktadır.

4. Fikri ve Sınai Mülkiyet Haklarının Tanımı

Dünya Ticaret Örgütü’nün (DTÖ) “Fikri Mülkiyet Haklarının Ticaretle İlgili Yönleri Hakkında Anlaşma(TRIPS)”sına göre fikri mülkiyet hakları, insanlara, meydana getirdikleri düşünsel ürünler nedeniyle verilen haklardır. Bunlar genellikle, fikri eseri meydana getiren kişilere, bu eser üzerinde, belirli bir süre için, maddi ve manevi açıdan ayrıcalıklı bir hak kazandırmaktadır. Telif hakkı, patent, marka, tasarım gibi haklar başlıca fikri ve sınai mülkiyet hakları olarak gösterilebilir.

Öte yandan, 14 Haziran 1967’de Stockholm’de imzalanan “Dünya Fikri Mülkiyet Örgütü”(WIPO) Kuruluş Sözleşmesi’nin 2. Maddesinde, fikri mülkiyet aşağıdaki haklarla ilişkili olarak tanımlanmıştır:

• Edebi, sanatsal ve bilimsel çalışmalar;
• İcracı sanatçıların eserleri, fonogram ve radyo yayınları;
• İnsan emeğinin tüm alanlarındaki buluşlar;
• Bilimsel buluşlar;
• Endüstriyel tasarımlar;
• Ticari markalar, hizmet markaları (service marks), ticari unvan ve isimler;
• Haksız rekabete karşı koruma ve
• Sınai, bilimsel, edebi ya da sanatsal alanlarda fikri mülkiyet faaliyetlerinden kaynaklanan diğer tüm haklar.

5. Gümrük Mevzuatında Fikri ve Sınai Mülkiyet Hakları

A. Gümrük Kanunu

4458 sayılı Gümrük Kanunu’nun 57’nci maddesi, fikri ve sınai mülkiyet haklarının hudut korunmalarına ilişkin düzenlemeleri içermektedir. Fikri ve sınai hakların korunmasına ilişkin ulusal mevzuatın koruma altına aldığı hakları ihlal eder mahiyette bulunan ve ithalat veya ihracata konu olan eşyalara gümrük kapılarında tedbir mahiyetinde el konulmasına ilişkin hükümler bu maddede yer almıştır.

Kanun’un 57’nci maddesini, kapsam, teminat, gümrük idaresinin sorumluluğu, 10 günlük bekleme süresi, sahte eşyanın imhası ve istisnalar olmak üzere 6 ana bölüme ayırmamız mümkündür. Buna göre,

Kapsam; Fikri ve sınai mülkiyet haklarının korunması mevzuatına göre, marka, coğrafi işaret, endüstriyel tasarım hakları ile Fikir ve Sanat Eserleri Kanunu kapsamına giren haklarla ilgili olarak, hak sahibinin yetkilerine tecavüz eder mahiyetteki eşyanın gümrük işlemleri;

– hak sahibinin veya temsilcisinin talebi üzerine,
– veya söz konusu eşyanın sahte markalı ya da telif hakkına tabi taklit mal tarifine uyduğuna ilişkin açık deliller olması halinde,

re’sen gümrük idareleri tarafından durdurulur. Durdurma kararı ithalatçıya veya hak sahibine veya temsilcisine bildirilir.

Teminat; Gümrük idareleri, olayın özelliğine göre ithalatçının veya kamunun hakkını güvenceye almak ve suistimalleri önlemek amacıyla, başvuru sahibinden eşyanın kıymeti oranında bir teminat isteyebilmektedirler.

Gümrük İdaresinin Sorumluluğu; Başvurunun kabul edildiği tarihte şikayet konusu eşya serbest dolaşıma girmiş ise, başvurunun gümrük idaresince kabul edilmesi; söz konusu eşyanın gereğince muayene edilmeden ithaline izin verildiği gerekçesiyle hak sahibine tazminat hakkı doğurmamaktadır. Sahte markalı veya taklit mallarla mücadele kapsamında, gümrük idaresince gümrük işlemleri re’sen durdurulan eşyadan dolayı, ilgili kişilerin yapılan işlemler sonucunda fayda veya zarara uğraması halinde, gümrük idaresi yetkilileri bu kişilere karşı sorumlu tutulamazlar.

Bekleme Süresi; Gümrük idaresince alınan durdurma kararının hak sahibine tebliğinden itibaren on gün içinde esas hakkında yetkili mahkemede dava açılmadığı veya mahkemeden tedbir niteliğinde karar alınmadığı takdirde, eşya hakkında beyan sahibinin talepte bulunduğu gümrük rejimi hükümlerine göre işlem yapılmaktadır.

Sahte Eşyanın Tasfiyesi; Gümrük işlemleri durdurulan eşya, yetkili mahkemece alınan karar doğrultusunda, tasfiye rejimi hükümlerine göre imha veya asli nitelikleri değiştirilerek satış suretiyle tasfiye edilebilmektedir.

İstisnalar; Yolcu beraberinde getirilen zati ve hediyelik eşya ile posta kolileri ile gönderilen ticari mahiyette olmayan eşya hakkında 57’nci madde hükümleri uygulanmamaktadır.

B. Gümrük Yönetmeliği

Gümrük Yönetmeliği’nin 105, 106, 107, 108, 109, 110 ve 111’inci maddeleri fikri ve sınai mülkiyet haklarının korunması ile ilgili gümrük işlemlerini kapsamaktadır.

Yönetmeliğin 105’inci maddesi konu ile ilgili tanımlamaları düzenlemektedir. Buna göre, Türkiye Gümrük Bölgesine giren, serbest dolaşıma giren, ihraç edilen, yeniden ihraç edilen, bir rejime tabi olan veya serbest bölgeye konulan eşyaların;

– Sahte eşya,
– Sahte eşyanın tamamlayıcıları,
– Telif hakkına tabi taklit eşya
– Sahte veya telif hakkına tabi taklit eşyanın kalıp ve matrisleri

olduklarının anlaşılması halinde, bunlarla ilgili gümrük işlemleri, Yönetmeliğin 109’uncu maddesine istinaden durdurulmaktadır.

Gümrük Yönetmeliği’nin 106’ncı maddesine göre, Gümrük Kanunu’nun 57’nci maddesi kapsamına giren eşyaların;

– Gümrük Kanununun 59’uncu maddesine göre eşyanın serbest dolaşıma girmesi, ihracatı veya yeniden ihracatı ile ilgili gümrük işlemleri gümrük idarelerince durdurulmakta,

– Gümrük Kanununun 36’ncı maddesi kapsamında gümrük gözetimi altında iken denetlenen eşya, Kanunun 79’uncu maddesinin 1’inci fıkrasının (a) bendi kapsamında bir rejim uygulanan eşya, yeniden ihraç edilen eşya veya Kanunun 152’nci maddesine istinaden serbest bölgeye konulan eşyanın fikri ve sınai mülkiyet haklarını ihlal etmesi halinde gümrük idarelerince söz konusu eşya ile ilgili gerekli tedbirler alınmaktadır.

Öte yandan, hak sahibinin izni ile ticari markaya sahip olmuş, patent veya faydalı model hakları, telif veya komşu hakları ve tasarım hakları ile korunmuş ve hak sahibinin izni ile üretilmiş eşyanın hak sahibinin rızası dışında bu maddenin birinci fıkrasının (a) ve (b) bentlerinde belirtilen durumlardan birine tabi olması veya hak sahibinin onayladığından farklı koşullarda üretilmesi veya başka koşullarda bir marka taşıması halinde söz konusu eşya bu madde hükümleri kapsamı dışında tutulmaktadır. Yani, söz konusu eşyalar hakkında gümrük işleminin durdurulması veya tedbir alınması gibi uygulama yapılamamaktadır.

Gümrük İdarelerine Başvuru: Fikri ve sınai mülkiyet haklarının korunmasına ilişkin mevzuat hükümlerini ihlal eder nitelikteki eşyaya ilişkin gümrük işlemlerinin durdurulması talebi Yönetmeliğin 19 no.lu ekinde yer alan ‘Fikri Sınai Mülkiyet Hakları’nı İhlal Eden Eşyanın Gümrük İşlemlerinin Durdurulmasına İlişkin Başvuru Formu’ ile yapılmaktadır. Söz konusu başvuru ekinde, eşyanın tanınmasına yardımcı olacak ayrıntının tarifini içeren bir belge ile kendisinin hak sahibi olduğunu kanıtlayan bir belgenin de yer alması gerekmektedir.
Ayrıca, henüz gümrüğe gelmemiş bir eşya ile ilgili olarak, gümrük idaresinin alacağı kararı yönlendirmeye yardımcı olmak üzere hak sahibi yukarıda belirtilen başvuru belgesine ilave olarak, aşağıdaki bilgileri de gümrük idaresine verebilmektedir:

– Eşyanın bulunduğu veya gönderilmesi planlandığı yeri,
– Taşımaya veya ambalajlara ilişkin ayrıntılar,
– Eşyanın önceden planlanmış varış veya yola çıkış tarihleri,
– Eşyayı taşıyan araca ilişkin bilgiler,
– İthalatçı, ihracatçı veya taşıyıcıya ilişkin bilgiler,

Önceden verilecek bu bilgiler, gümrük işlemlerinin hızlanmasına da yardımcı olabilecektir. Ayrıca söz konusu bilgilerin verilmemesi, başvuru hakkında işlem yapılmasına engel teşkil etmeyecektir.

Öte yandan, gümrüğe gelmemiş bir eşya ile ilgili olarak hak sahibinin başvuru dilekçesinde, gümrük idaresinin harekete geçmesini istediği sürenin uzunluğunu otuz günü geçmemek üzere tam olarak belirtmesi gerekmektedir. Sürenin başlangıcı olarak başvuru dilekçesinin gümrük idaresinin kaydına girdiği tarih esas alınmakta, muhtemel bir hak tecavüzünün önlenmesi amacıyla gümrük idarelerinin müteyakkız olmasını talep eden ve bir süre ile sınırlı olmayan genel mahiyetteki başvuru dilekçeleri değerlendirmeye tabi tutulmamaktadır.

Yine, başvurunun değerlendirilmesi sırasında söz konusu olan kırtasiye masrafları, tahlil ve ekspertiz ücretleri ile fazla mesai ücretleri hak sahibi veya temsilcisi tarafından gümrük veznesine yatırılmaktadır

Ayrıca, Gümrük idareleri olayın özelliğine göre gerekli görmeleri halinde ithalatçının veya kamunun hakkını güvenceye almak ve suistimalleri önlemek amacıyla başvuru sahibinden eşyanın CIF kıymeti kadar bir teminat isteyebilmektedirler.

Gümrük İdarelerince Yapılacak İşlemler : Gümrük idarelerince, fikri ve sınai mülkiyet haklarının ihlalinin tespiti halinde, muhtemel hak ihlali, eğer biliniyorsa, hak sahibine bildirilmekte, ayrıca, Gümrük idareleri hak sahibinin geçerli bir başvuruda bulunmasını teminen 3 iş günü boyunca bu şekilde tespit edilen eşyanın işlemlerini durdurabilmekte ve eşyaya el koyabilmektedirler.

Gümrük idareleri, hak sahibi tarafından yapılan başvuruyu değerlendirerek, söz konusu başvuruyu kabul edebilmekte veya eldeki belge ve bilgilerin yeterli görülmemesi hallerinde talebi reddedebilmektedirler. Başvuru talebi ile ilgili kararlar hak sahiplerine yazılı olarak bildirilmesi gerekmektedir.

Başvurunun kabul edilmesi halinde, gümrük idaresi söz konusu kararın ne kadar süre ile geçerli olduğunu Yönetmeliğin 107’nci maddesinde belirtilen süreler çerçevesinde açıkça belirtmek durumundadır.

Başvurunun kabul edilmediği yönünde bir karar alınması halinde, söz konusu karar, gerekçeleri belirtilmek ve itiraz yolu açık olmak suretiyle hak sahibine yazılı olarak bildirilmesi gerekmektedir.

Ayrıca, gümrük işlemlerine tabi eşyanın, gümrük idaresinin hak sahibinin başvurusu üzerine aldığı kararda yer alan sahte veya kopya eşya tanımına uyması halinde gümrük idaresi eşyanın gümrük işlemlerini durdurabilmekte veya eşyaya el koyabilmektedir.

Gümrük işlemlerinin durdurulması veya el konulması işlemi, eşya sahibine ve başvuru sahibine eşyanın gümrük işlemlerinin durdurulmasını veya eşyaya el konulmasını takip eden ilk iş günü içerisinde bildirilir. Gümrük İdaresi, gizli nitelikte ve mesleki sır kapsamında olan bilgiler ile ticari ve endüstriyel tasarımlara ilişkin hakların ihlalini oluşturan bilgiler hariç olmak üzere, eşya sahibinin ve alıcının adı, soyadı, firma adı ve adresi gibi bilgileri, yetkili yargı merciine müracaatta kullanılmak amacıyla talepte bulunan hak sahibine vermek zorundadır. Ayrıca, Yönetmeliğin 106’ncı maddesinin (a) ve (b) bentlerindeki işlemlerin herhangi birinde yer alan kişiler ve başvuru sahiplerinin talebi üzerine, gümrük işlemleri durdurulan veya el konulan eşyanın bu kişilerce kontrol edilmesi veya söz konusu eşyadan numune alınmasına gümrük idarelerince izin verilmektedir. Yine gümrük idaresi de eşyanın incelenmesi sırasında, işlemleri hızlandırmak amacıyla söz konusu eşyadan numune alabilmektedir.

Diğer taraftan, gümrük idaresince alınan durdurma kararının hak sahibine tebliğinden itibaren on gün içinde;

– esas hakkında yetkili mahkeme nezdinde dava açılmaması,
– veya yargı kararının eşyanın üzerine bir tedbir konulmasına gerek bulunmadığı yönünde olması,
– veya dava açılmış olsa dahi mahkemeden tedbir niteliğinde karar alınmaması,

hallerinde, eşya hakkında beyan sahibinin talepte bulunduğu gümrük rejimi hükümlerine göre işlem yapılmaktadır.

Yukarıda belirtilen 10 günlük süre içerisinde, gerek hak sahibi veya temsilcisi tarafından dava açıldığına ilişkin bir belgenin gümrük idaresine ibraz edilmemesi veya gümrük idaresine yetkili yargı merciinden tebliğ edilen bir karar bulunmaması gerekse yargı kararının eşyanın üzerine bir tedbir konulmasına gerek bulunmadığı yönünde olması hallerinde eşyanın üzerindeki tedbir kaldırılmaktadır.

Sahte veya kopya olduğu kesinleşen eşyaya ilişkin işlemler : Yetkili mahkemenin söz konusu eşyanın sahte veya kopya olduğuna karar verdiği hallerde, aşağıda belirtilen şekilde işlem yapılmaktadır:

a. Eşyanın imhasına karar verilmesi halinde, masrafları eşya sahibine ait olmak üzere ve tasfiye hükümlerine göre imha gerçekleştirilmektedir.

b. Eşyanın niteliklerinin değiştirilmesinden sonra eşya sahibine teslimine karar verilmesi halinde, hiçbir şekilde ilk haline gelemeyecek şekilde söz konusu eşyanın nitelikleri değiştirilmektedir. Marka ve etiketlerinin sökülmesi eşyanın niteliklerinin değişmesi için yeterli kabul edilmemektedir.. Bu işlemlere ilişkin masraflar eşya sahibi tarafından karşılanmaktadır. Nitelikleri değişen eşyanın bir gümrük rejimine tabi tutulması durumunda, Gümrük Kanununun 64 üncü maddesine göre işlem yapılmaktadır. Buna göre;

Beyannamenin tescilinden sonra, eşyanın niteliklerinde meydana gelen değişiklikler veya bozulmalar nedeniyle ithalat vergilerinden indirim yapılmaz. Ancak;

– Özellikle ilk madde olarak kullanılması mümkün hale gelen eşyanın ilk madde olarak beyan edilmesine gümrük idarelerince izin verilir. Gerekli görülmesi halinde, gümrük idareleri bu eşyanın ilk madde şeklinden başka bir şekilde kullanılmasını önleyici tedbirleri alır.

– Kısmen hasara uğrayan eşyanın ayrılması mümkün ise hasara uğramış kısmı için (a) bendi hükümlerine göre işlem yapılır. Eşyanın hasarlı ve hasarsız şekilde ayrılmasının mümkün olmadığı hallerde, beyan sahibinin talebi doğrultusunda (a) bendi hükmü uygulanabileceği gibi, bu eşyanın Gümrük Bölgesi dışına çıkarılmasına veya imhasına da izin verilir.

c. Eşyanın nitelikleri değiştirilmeksizin yeniden ihraç edilmesi şeklindeki taleplerin reddedilmesi gerekmektedir.

d. Sahte veya kopya eşyanın devlete terk edilmesine karar verilmesi halinde, tasfiye hükümlerine tabi tutulmadan önce söz konusu eşyanın (b) fıkrasında belirtildiği şekilde nitelikleri değiştirilmektedir

Öte yandan, Gümrük Kanunu’nun fikri ve sınai hakların korunması ile ilgili düzenlemeler içeren 57’nci madddesinin uygulamasına yol göstermek üzere, Gümrük Müsteşarlığının bugüne kadar 1 adet Genelgesi ve ve 11 adet tasarruflu yazısı bulunmaktadır.

C. Gümrük Muhafaza Görev Yönetmeliği

Gümrük Muhafaza Görev Yönetmeliği’nin 108’inci maddesi uyarınca, fikri ve sınai mülkiyet haklarının korunması mevzuatına göre, marka, coğrafi işaret, endüstriyel tasarım hakları ile 5/12/1951 tarihli ve 5846 sayılı Fikir ve Sanat Eserleri Kanunu kapsamına giren haklarla ilgili olarak, hak sahibinin yetkilerine tecavüz eder mahiyette olup sahte markalı ya da telif hakkına tabi taklit mal tarifine uyduğuna ilişkin açık deliller bulunan eşyaya rastlanılması halinde Gümrük Muhafaza Amir ve Memurları tarafından gerekli tedbirler alınarak, konunun derhal ilgili gümrük idaresine intikal ettirilmesi gerekmektedir.

6. Sonuç

Fikri ve sınai mülkiyet haklarının korunması yönünde uluslararası düzeyde gerçekleştirilen çalışmalara, AB ile gümrük birliğine giden ve 3 Ekim 1995 tarihinden bu yana da tam üyelik yolundaki son dönemece giren Türkiye de kayıtsız kalmamış ve bu süreçte önemli ilerlemeler kaydetmiştir. Bu bağlamda, öncelikle, sınai mülkiyet haklarının, AB mevzuatına ve uluslararası normlara ve özellikle Dünya Ticaret Örgütü Anlaşması TRIPS Metnine uygun bir şekilde korunması amacıyla 551 sayılı Patent Haklarının Korunması Hakkında KHK, 554 sayılı Endüstriyel Tasarımların Korunması Hakkında KHK, 555 Sayılı Coğrafi işaretlerin Korunması Hakkında KHK ve 556 sayılı Markaların Korunması Hakkında KHK, 26 Haziran 1995 tarihli Resmi Gazetede yayımlanarak yürürlüğe girmiştir. Ayrıca, 4110 sayılı Kanunla, 5846 Sayılı Fikir ve Sanat Eserleri Kanununun bazı maddelerinde değişiklikler yapılmıştır.

Ayrıca, 4 Şubat 2000 tarihinde yürürlüğe giren 4458 sayılı Gümrük Kanunu’nun 57’nci maddesi de fikri ve sınai mülkiyet haklarının korunmasına yönelik gümrük işlemleri hakkında hükümler içermektedir. Yine, Gümrük Yönetmeliği’nin 105-111’inci maddeleri de fikri ve sınai mülkiyet haklarının korunmasına yönelik ayrıntılı düzenlemelere sahiptir.

Sonuç olarak, Türkiye’nin, fikri ve sınai mülkiyet haklarının gerek ulusal ve gerekse uluslararası normlara uygun bir şekilde korunması ve özellikle gümrük birliğinden kaynaklanan yükümlülüklerin yerine getirilmesine yönelik olarak iç mevzuatında ve dolayısıyla gümrük mevzuatında önemli ölçüde uyum sağlamış olduğunu söylememiz mümkün bulunmaktadır.

Kaynakça :

1- “Avrupa Birliği ve Fikri Mülkiyet Hakları”, http://www.deltur.cec.eu.int/_webpub/documents/FactSheets/01-ABdeFikriMulkiyetHak.pdf
2- ÇOĞAL, Nejat, “Gümrük Birliği Çerçevesinde Türkiye-AT İlişkileri”, Ankara Üniversitesi ATAUM, 7. Dönem AB Uzmanlık Kursu Bitirme Tezi, Temmuz 2005, Ankara,
3- SOYAK, Alkan, “Küreselleşme Sürecinde Ulusal Teknoloji Politikası ve Türkiye: Sınai Mülkiyet Hakları ve Ar-Ge Teşvikleri Açısından Bir Çözümleme”, İstanbul: Bilim ve Teknik Yayınevi, 2000
4- TÜSİAD, Fikri Haklar Bülteni-1, Temmuz 1998, sayı:11, İstanbul. http://www.tusiad.org.tr/yayin/ bulten/f1/html/fbulten1.html
5- Gümrük Kanunu, Gümrük Yönetmeliği, Gümrük Muhafaza Görev Yönetmeliği
6- Fikri Mülkiyet Hakları ile ilgili Kanunlar
7- www.gumruk.gov.tr
8- www.wto.org
9- www.igeme.org.tr
10- www.dtm.gov.tr
11- www.turkpatent.gov.tr

http://www.gumrukkontrolor.org.tr/Yayinlar/Dergiler/55/7.html

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