First lawsuit concerning a musical instrument: the owner of the utility model is right

Electrical engineer Yavuz Gül began working on instruments with the encouragement of master artist Orhan Gencebay. Gül, who established a workshop in Izmir in 2006, began to produce instruments such as the baglama and the lute, in particular the divan saz, of which he was the inventor, together with the musician Şenol Sesiz, in addition to the electrical engineering.

Seeking a solution to grip deterioration due to humidity and other factors, which baglama players describe as “throwing the grip”, Gül developed a solution which can be defined as fixing from the handle made of metal profile material to the boat and cover the handle with wood.

By using aluminum material in the handle, Gül received a “utility model” certificate from the Turkish Patent Institute in 2008.

DETERMINED THAT IT HAS BEEN IMPLEMENTED

Finding that his invention had been imitated and advertised on the Internet by another baglama producer in Izmir, Gül took legal action in 2014.

The defendant argued that the utility model certificate received by the plaintiff lacked the elements of novelty and distinctiveness, and that the use of metal in the neck was also found on the guitar.

The case, which ended in the local court and the appeal against Yavuz Gül, was transferred to the 11th civil chamber of the Court of Cassation.

Gul, whose request for a hearing was granted by the Supreme Court, and who brought guitar grips to the hearing along with his invention, argued that the neck system he found was a novel design and useful.

DECISION OF MATERIAL DAMAGES OF THE JUDICIARY

Noting the statement in the expert report that “the use of metal in stringed instruments is not new, but the coated metal neck application that Gül has applied has never been seen before”, the Supreme Court of Appeal concluded that Yavuz Gül was justified.

The 11th Civil Chamber of the Supreme Court of Appeal registered Gül’s invention and ruled that the defendant should pay 1,000 lira for material compensation and 6,000 lira for non-pecuniary damages.

DEVELOPED FOR BAGLAMA AND OTHER LONG NEEDED STRING INSTRUMENTS

Yavuz Gul said he was very happy that his invention was also registered in court. Stating that he has been following the Frankfurt Music Fair for years, Gül explained that he developed this model for the baglama and other long-necked string instruments when he saw the innovations made by luthiers. the low.

Explaining that he objected to expert reports given by universities and experts during the court process, Gül said, “There were statements in these reports as if there were no such problem, and everyone was using it. However, I refuted all his theses. “Instrument building is a purely physical event. If you have high math and kinetic knowledge, imagine it. You can,” he said.

Emphasizing that no crucial changes were made to baglama until the last period, Gül said: “Innovation in baglama was usually about ornamentation. However, you have to influence the sound and ergonomics of the baglama. instrument with your innovation.”

10 YEARS OF PROTECTION IS OFFERED

Stating that patent laws grant 10 years of protection to utility models, Gül said, “The patent system gives you those 10 years as a reward. After the expiry of this period, it is a cost to society. This is how the technology developed. This is how we go to Mars. “Anyone can do it. I will also support it. If the producers watching call me and say they want to do it, I will wholeheartedly support them. Because it’s a really useful invention that affects their life.”

‘THE FIRST CASE IN OUR LAW CONCERNING THE INSTRUMENT’

Lawyer Salih Nazim Peker, who is also a baglama artist, said instrument makers in Turkey often fail to patent their inventions.

Stating that Yavuz Gül received a utility model certificate and won the legal battle that has been going on since 2014, Peker said:

“We lost in the local court. However, we believed very much in our case and in the invention. We could not explain it in the trial court, but we met a wonderful delegation in the Supreme Court. He agreed to be seen with an audience at the Supreme Court and Yavuz Bey explained the ties of his boat and the principle of operation there. It was a big audience. In the eyes of the chamber delegation, j I saw both the excitement, the curiosity and the thought, “Having us figured out this event, there is an invention, there is a right and an interest that must be legally protected.

Noting that there had been discussions about the cümbüş saz in the early years of the Republic, Peker said: “I don’t know if a lawsuit was filed regarding the cümbüş saz. I can say that this is the first case involving a musical instrument,” he said.

Source: AA

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