A concept that emerged approximately six centuries ago has always gone through periods of challenges in the pursuit of legitimacy, as well as respect for its premises, and now faces a reality in which there is an even greater need to safeguard its most basic principles. This contemporary stage of challenges is due to the relentless pace of innovation and technological advancement.

This current context is built on the relationship between the commercial power of Intellectual Property, the field of Law—especially Private Law—and technological trends and innovations. Here, we could list advances such as the Internet of Things (IoT), database management, and machine learning, but it is Artificial Intelligence (AI) and its new features that have emerged as the central point of discussion surrounding these new challenges.

“The relationship between Intellectual Property and Law, particularly doctrine and its constructions focused on Private Law, has always moved side by side. Recognizing the rights of a creator—for example, a designer or project developer in any field—is something intrinsic to this relationship, which aims to safeguard the individual’s creative power, their burdens and benefits, and respect their potential. And the new scenario, driven by technological advances, has brought new possibilities, but also new obstacles in exercising this regulatory control over the creative market.”

These initial insights into the current stage of the relationship between Law, Intellectual Property, and the relentless advance of technology are provided by Yasemin Dilber. The Turkish lawyer, among her specialties, has extensive expertise in the field of Private Law, an area directly connected to creation, patents, rights, and responsibilities in their legislative scope.

History and Evolution

The historical record shows that Intellectual Property was officially introduced to humanity in the 15th century, in Venice, Italy. Since then, there have been roughly six centuries of attempts at evolution but also an ongoing struggle to ensure that its principles gain value and recognition beyond what is written in law.

“From that point onward, particularly during the Industrial Revolution in the 18th century in France and England, this attempt at recognition and legitimization intensified. And this was applied to tangible or intangible goods and properties, long before the advent of the internet. That is why we understand that the challenge is immense, proportional to the rapid advances of technology and its incalculable growth every day. On the other hand, we can—and must—use this to our advantage, seeking to protect the rights of creators, with the help of the same tools and methods often used in the virtual sphere to usurp others’ talent.”

The responsibility of legal practitioners, emphasized above by Yasemin Dilber, combined with new virtual tools, has been gaining strength in many countries with the support of legislation that continues to improve in order to respect creators’ rights. Although this legislative momentum is still very recent in many places, the joint efforts of the legal field, technology, and legislation have been crucial in overcoming barriers.

Creators’ rights are now included in national constitutions, the foundation of countries’ legal systems. An example is Brazil, which addressed the issue in 1988, when the country reorganized politically after democratization and enacted its new Federal Constitution. The right to one’s image, creations, and the resulting benefits and obligations was included in the main article devoted to individuals’ fundamental rights.

Technological Support

The very internet and Artificial Intelligence (AI), which may be seen as sources of concern for creators and open doors for the misuse of many professionals’ intellectual assets, have become great allies in control efforts through appropriate strategic planning. These plans, in turn, offer advanced methods for registering works, patents, and creations in general.

“Artificial Intelligence (AI), in short, works in conjunction with databases dedicated to creations around the world, rigorously monitored. If such a tool was already considered efficient when used in a somewhat random manner, the organized use of these information banks has become the perfect ally of many professionals’ cognitive rights, whose recognition and potential profits largely depend on respect for the results achieved through their intellectual efforts.”

This fight against unfair—and often criminal—competition, as well as the pursuit of respect for the preservation of rights, now in partnership with new technological tools, has been supported by the improvement and preparation of professionals from various fields. Law, in which professionals like Yasemin Dilber operate, continues to play a significant role within this interdisciplinary relationship.

“The field of legal debate is indeed going through a transitional phase, particularly because of the innovations we observe here. However, this transition is also becoming synonymous with a stage of active progress. After all, the most basic principles of Intellectual Property, which began in the 15th century as we highlighted, remain immutable despite the passage of time, significant changes, and the emergence of new realities. These premises will never change, and we will always need to respect them, both to produce beneficial effects for those who made the effort and to correctly assign responsibility when necessary.”

A Path of Significant Growth

Yasemin Dilber is a licensed attorney with the Istanbul Bar Association. She holds an LL.M. in Private Law, with a focus on commercial and sports law, from Maltepe University, and an LL.M. in U.S. Law, with a focus on Intellectual Property, from the University of San Diego School of Law.

She has over three years of professional experience practicing law in the field of private law, with an emphasis on intellectual property, commercial law, and transnational legal issues. Beyond her professional practice, she has contributed to academic research and publications in intellectual property and commercial law.

Her goal is to advance research and legal practice in the United States, particularly in the areas of intellectual property protection, innovation policy, and international business law.

In one of her studies, she analyzed the board of directors in sports joint-stock companies. Before addressing the central theme, she conducted a general overview of these companies, including their incorporation, governing bodies, related principles, mergers and acquisitions, public offerings, and dissolution cases.

The research detailed the qualifications required of board members according to the Law on Sports Clubs and Federations and the Turkish Commercial Code. It also examined the legal liability of directors and special liability provisions under the Turkish Commercial Code, as well as matters of discharge and limitation periods in liability actions.

Another article focused on the legal liability of directors in joint-stock companies, especially in lawsuits brought for damages to shareholders or creditors. It analyzed the statute of limitations in liability actions under Article 560 of the Turkish Commercial Code, discussing both short- and long-term deadlines and their starting points. It reviewed doctrinal and jurisprudential perspectives, offering a comprehensive view of the subject.

Author: Paulo Taroco