General Information in IP Protection in Turkey
Legislation in Turkey in IP Protection
International Agreements of Which Turkey is Party
Patent Protection in Turkey
Patent Protection on Pharmaceutical Products and Processes
Trademark Protection in Turkey
Industrial Design Protection in Turkey
Enforcement of Industial Property Protection
Documents Needed for Application (filing) of Industrial Propert Rights.
General Information in IP Protection in Turkey ;
Turkey has established an efficient and strong industrial property system in 1994 and 1995 by adopting several Laws, Decree Laws, Regualtions and by participating all important international agreements in the field of industrial property protection. The system is fully compatible to the systems of all developped countries. All the registration and enforcement procedures are similar to other develepped systems.
Name of the Legislation
Decree Law No: 544 for Establishment and Functions of Turkish Patent Institute (TPI),
Decree Law No: 551 for Protection of Patent Rights,
Decree Law No: 554 for Protection of Industrial Designs,
Decree Law No: 555 for Protection of Geographical Indications,
Decree Law No: 556 for Protection of Trademarks,
Decree Law No: 566 for Amendment of the Transition Period of Patent Protection of Pharmaceutical and Veterinary Products and Processes,
Law No: 4128 Dated November 7, 1995 for Addition of Penal Provisions to the Decree Laws No: 551, 554, 555 and 556
Date of Entry into Force
June 24, 1994
June 27, 1995
June 27, 1995
June 27, 1995
June 27, 1995
September 22, 1995
November 7, 1995
International Agreements of Which Turkey is Party
International Agreements of Which Turkey is Party are as follows;
TITLE OF THE CONVENTION / AGREEMENT / TREATY
PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY
CONVENTION ESTABLISHING WIPO
AGREEMENT ESTABLISHING WTO AND TRIPS AGREEMENT
PATENT CO-OPERATION TREATY (PCT)
EUROPEAN PATENT CONVENTİON (EPC)
STRASBOURG AGREEMENT CONCERNING THE
INTERNATIONAL PATENT CLASSIFICATION (IPC)
BUDAPEST AGREEMENT ON THE INTERNATIONAL
RECOGNITION OF THE DEPOSIT OF MICRO-ORGANISMS FOR THE PURPOSES OF PATENT PROCEDURE
PROTOCOL RELATING TO MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS
NICE AGREEMENT CONCERNING THE INTERNA-TIONAL CLASSIFICATION OF GOODS AND SERVICES FOR THE PURPOSES OF REGISTRATION OF MARKS
VIENNA AGREEMENT ESTAB-LISHING AN INTERNATIONAL CLASSIFICATION OF THE FIGURATIVE ELEMENTS OF MARKS
LOCARNO AGREEMENT ESTABLISHING AN INTERNATIONAL CLASSIFICATION FOR INDUSTRIAL DESIGNS
DATE OF ACCEESSION
1925
1976
1 January 1995
1 January 1996
1 November 2000
1 October 1996
30 November 1998
1 January 1999
30 November 1998
1 January 1996
30 November 1998
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Trademark Protection in Turkey ;
Patent protection in Turkey is based on the Decree Law No: 556 Pertaining to the Protection of Trademarks has entered into force on June 27, 1995. The Articles 5, 7, 9, 42, 62, 82 and new Article 61/A have been amended/added by the Law No: 4128 of November 7, 1995 Implementing Regulation for legislation related to protection of trademarks has entered into force on November 5, 1995.
Turkish trademark protection system is based on publication-opposition before registration which is similar to the European Countries' systems. Unregistered trademarks are protected by general provisions.
The provisions of Turkish Patent System are summarized below;
* Registered trademark protection system,
* Protection of trade and service marks,
* Protection guarantee and collective marks
* Registration after examination according to absolute grounds and publication,
* Opposisiton according to relative grounds for refusal,
* Term of Protection is 10 years,
* Protection term can be extended by unlimited number of renewals,
* Modern provisions for enforcement such as; compensation of damages against infringement, documents evidencing Infringement, non-realised income and increasing the non-realised income, reputation of the trademark, economical sunctions, fines and penalties
*Publication of Court’s Decision
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Patent Protection in Turkey ;
Patent protection in Turkey is based on the Decree Law No: 551 Pertaining to the Protection of Patent Rights which was entered into force on June 27, 1995. The Articles 43, 53, 57, new Article 73/A and 174 have been amended/added/repealed by the law no: 4128 of November 7, 1995 The Transitional Article 4 which is related to patent protection of pharmaceutical processes and products has been amended by the Decree Law No: 566 dated September 22, 1995.
Patent protection system of Turkey is compatible to the provisions of European Patent Convention and Patent Co-operation Treaty and Germany, Japan, Switzerland, Belgium and Spain systems.
The provisions of Turkish Patent System are summarized below;
* Formal examination, search report and substantial examination
* Patentability criteria (novelty, inventive step, industrial applicability)
* Availability of Utility Model Certificate for 10 years protection (not for chemicals and pharmaceuticals)
* Granting by non-examination (with search report) and examination (with examination report) system
* Publication of the applications and search reports
* Opposition by third parties after publication (pregrant opposition)
* Protection terms starting from date of application (7 years for non-examined patents, 10 years for utility models and 20 years for examined patents)
* Compulsory License provisionas compatible to TRIPS Agreement
* Modern provisions for enforcement such as; compensation of damages against infringement, documents Evidencing Infringement, Non-realised income and increasing the non-realised income, reputation of the invention, economical sunctions, fines and penalties
*Publication of Court’s Decision
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Industrial Design Protection in Turkey ;
Industrial Design protection in Turkey is based on the Decree Law No: 554 Pertaining to the Protection of Industrial Designs has entered into force on June 27, 1995. The Articles 8, 26 and new Article 48/A have been amended/added by the Law No: 4128 of November 7, 1995 Implementing Regulation for legislation related to industrial design rights has entered into force on November 5, 1995.
Design rights are obtained by registration. Unregistered designs are protected by general provisions. Registration is performed without examination and publication for opposition by third parties. The procedures for design protection in Turey is similar to the system applied in European Countries.
The provisions of Turkish Patent System are summarized below;
* Protection of Registered designs,
* Non-examination system as to substance,
* Publication of designs,
* Opposition by third parties,
* Term of Protection is 5 years,
* Protection term can be extended up to 25 years by 4 times renewal,
* Deferment of publication,
* Multiple application,
* Modern provisions for enforcement such as; compensation of damages against infringement, documents evidencing infringement, non-realised income and increasing the non-realised income, reputation of the idesign, economical sunctions, fines and penalties
In the Turkish Design Protection System a design which is new and has an individual character shall be granted for protection. Designs of products which are parts of complex items shall be protected if and when the design of the part itself is new and has individual character.
A design shall be considered new if before the date of reference no identical design has been made available to the public in the world. Designs differing only in immaterial details shall be deemed to be identical. To make available to the public shall cover of all actions of sale, use, publication, publicity, exhibiting, or such similar activities.
According to the Turkish design protection system; application of several designs may be combined in one application. This is called as multiple application. However, this possibility is subject to the condition, except in cases of ornamentation, that the products in which the designs are intended to be incorporated or to which they are intended to be applied all belong to the same sub-class or to the same set or composition of items.
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Enforcement of Industial Property Protection ;
The holder of the industrial prpoerty rights has exclusive rights with respect to the use of the invention / process / product / design / mark .. etc. by the third parties, without the consent of the right holder. Third parties cannot produce, put on the market, sell, offer, import, put to commercial use or keep in stock for this purposes the product in which such a right is incorporated or to which it is applied.
Infringing parties who have committed the infringing acts are liable for compensating the damages incurred by the right holder.
The injury suffered by the right holder include not only the value of the actual loss but also the income loss incurred because of the infringement of the rights.
The loss of income shall be calculated in accordance with one of the following evaluation methods, on the option of the right holder who has suffered the injury:
a) according to the possible income that the right holder would have generated if the competition of the infringing party did not exist;
b) according to the income generated by the infringing party from the use of the right;
c) according to a license fee that would have been paid if the party infringing the rights would have utilised the right under a legal licensing contract. In calculation of the profits surrendered, in particular the economic value of the product, the term of protection remaining at the time of infringement, the type and member of licenses outstanding and similar shall be taken into consideration.
Where the right holder has selected one of the evaluation options specified above; the Court may add on a reasonable extra amount if in courts opinion design contributes substantially to the economic value of the product.
The right holder may request extra damages for the harm incurred from the poor quality production of the right and improper marketing means utilised by the party infringing the industrial property right which were detrimental to the reputation of the rights.
Where a court judgment has become final, the successful party may request the publication in full or in summary of the final judgement in a daily paper, radio, television or by other means of the media, the costs of which to be met by the other party.
