Article 23 MÖHUK – Intellectual Property
Article 23 of Turkish Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) sets out which law governs intellectual property rights (fikrî mülkiyet hakları). A copyright, trade mark or patent is governed by the law of the country for which protection is claimed. For claims arising from an infringement, the parties may choose the law of the court, but only after the infringement. The rule matters to people living abroad whose work, photos or brand are used in Turkey without permission.
Article 23 MÖHUK – text
Unofficial translation:
Law applicable to intellectual property rights
Article 23 – (1) Intellectual property rights are governed by the law of the country under whose law protection is claimed.
(2) For claims arising from the infringement of an intellectual property right, the parties may agree, after the infringement, that the law of the court is to apply.
Turkish original:
Fikrî mülkiyete ilişkin haklara uygulanacak hukuk
MADDE 23 – (1) Fikrî mülkiyete ilişkin haklar, hangi ülkenin hukukuna göre koruma talep ediliyorsa o hukuka tâbidir.
(2) Taraflar, fikrî mülkiyet hakkının ihlâlinden doğan talepler hakkında, ihlâlden sonra mahkemenin hukukunun uygulanmasını kararlaştırabilirler.
The current text on mevzuat.gov.tr carries no amendment note (as of November 2026).
Legislative reasoning
According to the reasoning, the article is new; the old Law No. 2675 had no such rule (in the draft it was Article 22). By making intellectual property rights subject to the law of the country of protection, the law follows the territoriality principle (ülkesellik prensibi), which is also adopted in the international conventions in this field and in Turkish law. Paragraph 2 gives the parties a limited choice of law: they may choose only the law of the court, and only after the infringement (summary of the reasoning to the draft law submitted to the Grand National Assembly of Turkey, TBMM).
Explanation
In practice this means one work or one trade mark is assessed country by country. If a photo is used without permission both in Turkey and in Germany, a Turkish court applies Turkish law to the use in Turkey and German law to the use in Germany. The right holder’s nationality and place of residence are not connecting factors under this rule.
Other provisions set the limits of Article 23:
- Contracts on intellectual property, such as an assignment or a licence, fall under Article 28 MÖHUK. The parties may choose the law; failing a choice, the law of the place of business, or failing that the habitual residence, of the party transferring the right or its use at the time the contract was made applies (Article 28(1) and (2)).
- Contracts between employee and employer on rights in intellectual creations made by the employee within the scope of their work are governed by the law of the employment contract (Article 28(3)).
- Infringement of personality rights through the media or the internet is dealt with separately in Article 35.
The choice under paragraph 2 is narrower than the general tort rule in Article 34(5). That rule lets the parties expressly choose the applicable law after the tort; Article 23(2) allows only the law of the court seised for claims arising from an infringement. An agreement made before the infringement, for example a clause in a licence agreement, is outside this paragraph.
Once the law of the country of protection is identified, its conflict rules are disregarded (Article 2(3) MÖHUK). International treaties to which Turkey is a party are preserved (Article 1(2) MÖHUK; see Article 1 MÖHUK).
What this means if you live abroad
If you live in Germany and your photos, texts or brand are used in Turkey without permission, a Turkish court will apply Turkish law when you seek protection against the use in Turkey. The fact that the work was created in Germany, or that the trade mark was first registered there, does not on its own change that. Whether a Turkish court has international jurisdiction is a separate question, answered by the domestic rules on territorial jurisdiction (Article 40 MÖHUK). German and Dutch courts apply their own conflict rules; for protection in those countries, please consult a lawyer admitted there.
Frequently asked questions
My photo is being used in Turkey without permission – which law applies?
If you seek protection against the use in Turkey, Turkish law applies (Article 23(1) MÖHUK). Where you live is not decisive under this rule.
Can we choose the applicable law in a licence agreement?
Yes. The contract itself falls under Article 28 MÖHUK, and the parties may choose the law. For claims arising from an infringement, the limited choice in Article 23(2) applies instead.
Sources
Questions about your case
If you would like to know which law applies to the use of your work, photos or brand in Turkey, or what it means to agree with the other side on the law of the court, you can book a video call, a phone call or a meeting in Düsseldorf on the appointment page, or send a written question through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO). Records showing where and how the use takes place (screenshots, links, dates), any registration certificates and contracts with the other side are useful to have ready. General information is on the private international law page.