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Today, the most significant studies oriented towards protection of Intellectual and Industrial Property Rights have been carried out under the heading “Combat Against Pirate”. Considering the fact that in general pirate music or motion picture materials, or pirate printed books could easily reach at the smallest districts all over Turkey, the phase attained in the combat against pirate can also be easily assessed.

Nevertheless, to date, primarily the Law No. 5846 on Intellectual and Artistic Works (Intellectual Property) in order to be able to carry out the fight against pirate most convenient and effective amendments and revisions have been made on the respective laws over and over too many times, specialized courts have been set up, special units have been formed in the Security Forces, unfortunately the desired result could never be attained.

Recently, various amendments have been made in Articles 137 to 146 of the Law No. 5729 and in the Law No. 5846, specifically at some punishments the upper limit has been determined as “5” year imprisonment, amount of the pecuniary fine has been designated as the administrative pecuniary fine up to 5000 days. Previously while these two punishments were user as optional, with the latest arrangement the way that the said two punishments could be used jointly has been opened. When all of these amendments are considered together with the revisions made in the Law no. 5846 until now, we are in difficulty to guest that the intended effective struggle and fruitful results could be achieved. Because, until now, numerous amendments have been made specifically in the amounts of punishments and these punishments have been reflected to implementations and practices, but no fruitful result could be achieved.

In this respect, we have begun to think that the primary problem has been originated from deficiencies or faults encountered in the course of implementations.

What we must state first of all is that methods which are used at the actual fight and struggle, albeit achieve mostly successful results in terms of quality, have been far below the required level in terms of quantity. In great cities even if their quantity becomes sometimes inadequate, while specialized units rendering their services, lack of professional and knowledgeable personnel at other locations has been remarkable. At the same time, in some units rendering services in relation with the issue, implementations on combat against pirate seemed less important than the other legal implementations; in case of both circumstances, appropriate trainings should be provided and eventually they should be corrected.