5718 Sayili Möhuk Çerçevesi̇nde Teli̇f Hakkina İli̇şki̇n Sözleşmeni̇n Esasina Uygulanacak Hukuk

Abstract

The conflict of laws rules within the scope of private international law determines which country's law will be applied in disputes with foreign elements. In Turkish private international law, these regulations are included in the Law No. 5718 on Private International and Procedural Law (PIPL). Article 28 of the PIPL determines the applicable law to the copyright contracts involving a foreign element. This article covers both contracts regarding the transfer of intellectual rights and contracts regarding the transfer of the use of these rights; includes subjective and objective conflict of laws rules. Some problems that may arise while determining the law to be applied to the basis of the copyright contract during the application of the article 28 of PIPL. In this study, the information has been provided about these problems and their solutions.