Inheritance of Intellectual Property Rights in Turkey: Which Rights Pass to Heirs?

When the owner of a valuable trademark, a bestselling book, or a registered patent passes away, what happens to those rights? Do intellectual property rights transfer directly to heirs like real estate or a bank account, or do they follow their own rules? Turkish law does not give a single answer: some rights enter the heirs' estate, while others can never be transferred yet may still be exercised by the heirs. Understanding this distinction is critical for anyone holding valuable IP assets in Turkey and for their families.

Copyright's Economic Rights Pass to Heirs

The Turkish Law on Intellectual and Artistic Works No. 5846 (FSEK) grants an author both economic and moral rights. Economic rights are the commercially valuable powers to reproduce, distribute, perform, adapt, and communicate a work to the public. Article 63 of FSEK is clear: the economic rights recognised by this Law pass by way of inheritance. The same article also permits testamentary dispositions (transfer by will) over these rights.

How long does this protection last? Under Article 27 of FSEK, protection continues throughout the author's life and for 70 years after death. Where a work has multiple authors, the term ends 70 years after the death of the last surviving author. Throughout this period, the income from the work (book sales, music licences, film rights, and so on) belongs to the heirs. Once the term expires, the work enters the public domain and may be used freely by anyone.

Moral Rights Are Non-Transferable, but Heirs May Exercise Them

Moral rights, by contrast, are tied to the author's personality and therefore do not "pass" into the heirs' estate. They mainly comprise three powers: the right to disclose the work to the public (FSEK Art. 14), the right to be identified as the author (Art. 15), and the right to prevent alteration of the work (Art. 16). This does not mean, however, that moral rights disappear on death.

Article 19 of FSEK bridges this gap: after the author's death, the authority to exercise these powers in one's own name for 70 years is granted to specific persons. Priority belongs to the executor of the will appointed by the author; where none is appointed, the surviving spouse together with the children and appointed heirs, then the parents, and then the siblings, exercise this authority in order. These persons may, for example, bring an action against unauthorised alteration of the deceased's work or the removal of their name. In this way, heirs can protect not only the income but also the deceased's reputation and the integrity of the work.

Trademarks, Patents and Designs: Transfer and TÜRKPATENT Recordal Under the SMK

Registered trademarks, patents, and industrial designs fall under the Industrial Property Code No. 6769 (SMK) and pass to heirs like any other property. Article 148 of the SMK expressly provides that an industrial property right may be transferred and may pass by way of inheritance. One important exception exists: geographical indication and traditional product name rights cannot pass by inheritance.

In practice, recordal is the critical point. Under SMK Art. 148/5, rights arising from legal transactions that are not recorded in the register cannot be asserted against good-faith third parties. Heirs should therefore record the transfer with TÜRKPATENT, together with the certificate of inheritance; otherwise it becomes difficult to protect the right against third parties. Moreover, where an industrial property right passes to several heirs, if one co-owner wishes to sell their share to a third party, the other co-owners have a right of pre-emption. The validity of a transfer agreement, in turn, depends on notarial approval.

Succession Planning for Foreign IP Owners

For foreign nationals who own the trademark of a Turkish business, copyrighted works, or patents in Turkey, the picture has two layers. On one hand, the rules on the law applicable to a foreigner's assets in Turkey come into play; we cover that general framework in our article "Inheritance Law for Foreigners Who Own Property in Turkey." On the other hand, industrial property rights registered in Turkey are subject to Turkish law and the TÜRKPATENT register under the principle of territoriality.

The most common problem is that a valuable trademark or copyright passes to several heirs, creating a relationship of co-ownership. Managing, licensing, or selling a trademark requires agreement among the co-owners, and a dispute can render a valuable asset unusable. The most effective way to prevent this is to draft a will that clearly sets out to whom and how the IP assets will be left. Clear allocations, such as leaving a particular trademark to a single heir and the copyright income to another, substantially reduce future disputes.

Frequently Asked Questions

For how long do heirs receive royalty income from a deceased author's book? Under FSEK Art. 27, protection lasts 70 years after the author's death. During this period the economic rights and income belong to the heirs; once it expires, the work enters the public domain.

Can heirs prevent unauthorised alteration of the deceased's work? Yes. Moral rights do not "pass" to heirs, but under FSEK Art. 19 the executor of the will or the relatives listed in the law may exercise these powers in their own name for 70 years after death and protect the integrity of the work.

Is it mandatory to make a filing with TÜRKPATENT to protect an inherited trademark? In practice, yes. An unrecorded transfer cannot be asserted against good-faith third parties (SMK Art. 148/5). Recording the transfer in the register, together with the certificate of inheritance, is recommended.

Why is a will important for a foreigner with IP assets in Turkey? Co-ownership of a valuable trademark or copyright among several heirs can lead to serious disputes. A clear will reduces this risk by specifying which asset is left to whom.

How Mona Hukuk Can Help

The intersection of intellectual property and inheritance law is a technical field requiring both accurate legal assessment and forward-looking planning. At Mona Hukuk, we advise on the transfer of copyright, trademark, patent, and design assets to heirs, TÜRKPATENT registry procedures, and the drafting of IP-focused wills.

For consultation in Antalya, you can write to contact@monahukuk.com or call +90 (242) 606 14 32.