Other BriefingsIP Rights for Fintech Businesses in Türkiye: Legal Protections, Risks, and Compliance
A comprehensive guide on IP rights for fintech companies in Türkiye, including software protection, trade secrets, branding, and joint ownership rules.
As Türkiye’s fintech sector expands in areas like digital banking, payment systems, and financial software solutions, protecting innovation through intellectual property (IP) rights has become a strategic imperative. Fintech businesses must understand how the Turkish legal system protects software, algorithms, trade secrets, branding elements, and inventions, and how employment or contractor relationships influence ownership. This article outlines the key laws and regulatory considerations as of 2025, helping investors and entrepreneurs navigate the IP landscape in Türkiye with confidence.
Software and copyright protection in Türkiye
In contrast to jurisdictions like the US or UK where software-implemented inventions may receive patent protection, Türkiye generally does not allow patents for software or business methods. However, in alignment with the European Patent Convention, software with a “technical character” may still be patentable if it solves a technical problem.
More commonly, software is protected under Law No. 5846 on Intellectual and Artistic Works, where it is classified under the “science and literature” category. Copyright arises automatically upon the creation or public disclosure of a software program; no formal registration is required. Nevertheless, fintech businesses can voluntarily register software with the General Directorate of Copyright within the Ministry of Culture and Tourism, which may support enforcement in case of infringement.
The protection period spans the lifetime of the author plus 70 years. Under the Turkish Classification System, software typically falls under Class 9. However, complex software solutions may span multiple classes.
Patent protection for fintech inventions
While pure software is excluded from patentability under Industrial Property Law No. 6769, an invention may qualify for a patent if it integrates with a machine or device or demonstrates technical effect beyond data processing. For example, a fintech product that automates financial auditing using sensor-based systems might qualify.
Applications must be submitted to the Turkish Patent and Trademark Office (TPTO). The standard patent duration is 20 years from the filing date, provided renewal fees are paid.
Ownership of IP by employees and contractors
Under Law No. 5846 and Industrial Property Law No. 6769, IP created by employees during their course of employment generally belongs to the employer unless agreed otherwise. This includes fintech innovations such as software or processes developed under a formal employment contract.
If an invention qualifies as an “employee service invention,” the employee must notify the employer in writing. The employer then has four months to claim rights; if no response is provided, the invention becomes the employee’s free invention.
In contrast, contractors and consultants retain IP rights by default unless the contract explicitly assigns them to the hiring party. If they work under direct instruction and control similar to employees, IP may still vest in the company. To avoid disputes, fintech firms should include clear IP assignment clauses in all employment and service contracts.
Joint ownership and licensing restrictions
Joint ownership rules in Türkiye vary based on the IP type. For patents (Industrial Property Law No. 6769), unanimous consent is required to license a jointly owned invention to third parties. The same applies for assigning the patent. However, co-owners may appoint a joint representative.
For copyright, Law No. 5846 differentiates between divisible and indivisible works. If the fintech solution is divisible, each author owns their part. If indivisible, joint decisions must be made regarding licensing or publication, and Turkish Civil Code No. 4721 on ordinary partnerships applies.
Fintech developers collaborating on software or algorithms should document ownership shares and decision-making processes to avoid deadlocks.
Trade secrets and confidentiality obligations
Trade secrets in Türkiye are protected through multiple layers of legislation:
- Turkish Criminal Code No. 5237 criminalizes unauthorized disclosure, with penalties ranging from 1 to 3 years of imprisonment. Disclosing trade secrets to foreign entities increases penalties by one-third;
- Turkish Commercial Code No. 6102 provides civil remedies under unfair competition provisions; and
- Law No. 6698 on the Protection of Personal Data and Banking Law amendments prohibit the unauthorized transfer of customer data, including fintech customer secrets.
The Regulation on the Sharing of Confidential Information (Official Gazette, June 4, 2021) mandates banks to establish internal information-sharing committees to control how customer and bank secrets are handled.
Fintech companies should implement strong non-disclosure agreements (NDAs), internal policies, and employee training to safeguard sensitive information.
Branding and trademark protection
Trademarks are protected under Law No. 6769 and are essential for fintech companies looking to protect their brand identity, app names, or interface symbols. Trademark rights arise upon registration with the Turkish Patent and Trademark Office, not upon use.
Trademark applications must indicate the goods/services covered, and fintech software is typically classified under Class 9 and Class 36. The TPTO’s online portal enables searches to avoid infringement of existing trademarks.
To avoid brand disputes, fintech startups should conduct due diligence before selecting names or logos, and register their brand at the earliest development stage.
Remedies for IP rights infringement in Türkiye
Fintech businesses facing IP infringement in Türkiye can pursue civil or criminal remedies depending on the IP type. Under Law No. 5846 and Law No. 6769, rightsholders may:
- File for prohibition or cessation of infringement;
- Claim compensation for damages;
- Request preliminary injunctions; and
- File criminal complaints in applicable cases.
In case of trade secret violations, both civil and criminal liabilities may apply.
In brief: IP rights for fintech businesses in Türkiye
Türkiye’s evolving fintech ecosystem makes IP rights a strategic asset for companies protecting proprietary software, algorithms, data, and brand value. While the system distinguishes between different types of IP with varying requirements, laws like Law No. 5846 and Law No. 6769 offer a layered and enforceable regime.
Global fintech investors and startups entering the Turkish market must ensure proper classification of their innovations, use written contracts for IP transfer, and enforce internal safeguards for confidential data. Clear documentation and proactive registration can be the difference between innovation protection and protracted legal disputes.
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