Turkey

Legislation

Intellectual property legislation includes Decree No. 552 for the protection of patents June 1995, Decree No. 556 for the protection of trademarks, June 1995, Decree No. 554 for the protection of Industrial Designs, June 1995, Law No. 5846 on intellectual and artistic works, January 1951 as last amended by Law No. 4630, March 2001, and Decree No. 555 for the protection of geographical signs, June 1995. Industrial property is administered by the Turkish Patent Institute under the supervision of the Ministry of Industry and Commerce-Directorate for the European Union & Coordination. Copyright and Related Rights are under the supervision of the Ministry of Culture, Youth and Leisure.

Turkey is a member of WIPO Convention since May 1976. Turkey is a signatory of the Paris Convention since October 1925, the Berne Convention as of January 1952, the Madrid Agreement ( False or Deceptive Indications of Source on Goods ) as of August 1930, the Hague Agreement (International Deposit of Industrial Designs ) as of January 2005, the NICE Agreement as of January 1996, Locarno Agreement{ international Classification for Industrial Designs] as of November 1998, PCT since January 1996, PLT{ Patent Law Treaty) since June 2000, Strasburg Agreement(International Patent Classification) since October 1996, Vienna Agreement (International Classification of the Figurative Elements of Marks} as of November 1996 and Budapest Treaty { Deposit of Micro-organisms) since 1998. Turkey is member and signatory to the TRIPS as of March 1995.

Turkey Patents Registration.

Applications are examined to ensure formal compliance. Deficiencies in respect of mandatory formal requirements must be rectified within three months from the date of notification. A search must be requested by the applicant within a period of fifteen months form the priority date, and if not available, from the filing date. A substantive examination may be made if the applicant so elects after receiving the search report. Two options are available. First, grant of the patent with examination. Second, grant of a patent without examination. The protection obtained by the examination option expires upon the expiry of twenty years whilst the non-examination option expires upon the lapse of seven years. However, within the seven years, the applicant may opt for the examination option and if all the requirements are satisfied the validity of the patent will automatically be for a period of twenty years. The search report would be prepared by one of the internationally recognized search authorities and would eventually be evaluated by the Turkish Patent Institute. The search report will be sent to the applicant and will be published within three months from the date of dispatch to the applicant. Any opposition as regards the search report must be conveyed to the TPI within a period of six months from the date of publication. The applicant is permitted a three months period to respond to any opposition including any amendments the applicant’s may suggest. Once an application is accepted, it will be published in the Patent Bulletin. However, if a search report has already been made, no further search would be made. Assignment of a patent should be recorded within a period of six months with the patent office by submitting a legalized copy of the assignment deed which would be published in the Journal. Patent annuities must be paid within the last month of each year during the validity period. A grace period of 6 months is permitted for delayed annuity; however a fine will be imposed.

A patent must be put into operation within a period of three years as from the date of grant. Importation of products under the patent are not regarded as an exercise of exploitation. The law does provide for compulsory license as when circumstances permit. Priority could be claimed on the basis of the initial equivalent application filed within 12 months in a member state of the Paris Convention. Infringements acts may be raised by the patentee to the competent court having civil or criminal jurisdiction as the case may be. The relief prayed for depends on the nature of the suit. If it is a criminal suit a court may issue an order amounting to confiscation and destruction of the infringed products. On the other hand, a civil court may enter a judgment including compensation for damages and losses sustained.

Formal filing requirements for a non-PCT application are as follows:

  1. Name and address of the applicant including his nationality, his domicile and the address of his place of business.
  2. A certificate of incorporation or an extract from the Commercial Register dully certified if the applicant is a legal entity.
  3. Power of attorney simply signed.
  4. A deed of assignment if the applicant is not the inventor.
  5. Three copies of the specification and claims. Required at the date of filing.
  6. Formal drawings. Required at the date of filing.
  7. Three copies of an abstract. Required at the date of filing.
  8. A duly certified priority document, if priority is to be claimed including a Turkish translation. May be submitted within a period of three months from the date of filing.
  9. The bank receipt showing payment of application fees

NOTE: As regards countries members of the Paris Convention, priority could be claimed within 12 months from the earliest corresponding application.

Formal filing requirements for a PCT application are as follows:

  1. Name and address of the applicant including his nationality, his domicile and the address of his place of business.
  2. Power of attorney simply signed.
  3. A deed of assignment if the applicant is not the inventor.
  4. Three copies of the specification and claims in English. Required at the date of filing. Turkish translation may be filed within three months subject to payment of an additional fee.
  5. Formal drawings. Required at the date of filing.
  6. Three copies of an abstract in English. Required at the date of filing.
  7. A duly certified priority document, if priority is to be claimed. A Turkish translation is required. May be submitted within a period of three months from the date of filing.
  8. Copy of PCT international advertisement. Required at the date of filing.
  9. Copy of the International Search Report. May be submitted later.
  10. Copy of the International Preliminary Examination Report. May be submitted later.
  11. Copy of any changes, if any, made during the international phase process at WIPO. May be submitted later.
  12. copy of a written opinion [if any]

NOTE: Applications based on International Search article 22, chapter 1 of the PCT enters into Turkey national phase within twenty (21) months from the date of the priority claim. However those based on an international preliminary examination article 39, chapter 11 of PCT shall enter in Turkey national phase within 30 months from the date of the priority claim.

Designs.

Designs are examined as to form to ensure conformity with formal filing requirements. In the event, of acceptance, the notification of approval will be published in the Official Gazette. Deficiencies must be rectified by the applicant within three months from being notified by TPI If the proprietor elects to assign his right in the design; a duly executed deed of assignment must be recorded within a period of six months and hence published in the Design Bulletin. However, the applicant for marketing reasons may request the deferment of publication in the Design Bulletin. In such an instance publication will postponed for a period of not exceeding 30 months. A design is valid for a period of 10 years from the registration date and it is renewable for four periods of 5 years each. The owner has the right to institute a suit, if an infringement act, representing an encroachment on his or her right has been committed. Relief depends on the type of legal proceedings pursued.

A criminal court may order confiscation and destruction of the infringed products. A civil court’s order may include compensation for damages and losses sustained as a result of the infringement act.

Formal filing requirements.

  1. Name and address of the applicant including his nationality, his domicile and the address of his place of business.
  2. Power of attorney simply signed.
  3. A copy of the certificate of incorporation or an extract from the Commercial Register duly certified if the applicant is a legal entity. May be submitted within three months from the date of filing,
  4. Three copies of the design representation. Required at the date of filing.
  5. 20 prints of the design in the form of drawings or paintings or graphics or photographs of the design in maximum size of 8x8cm.
  6. A three dimensional design must provide a view from the front, sides and the top.
  7. Four (4) copies of the Design Description. Required at the date of filing.
  8. A duly executed deed of assignment if the applicant is not the proprietor. Required at the date of filing.
  9. Priority document, if priority is to be claimed. May be submitted within three months from the date of filing.

Patent annuities.

  1. Power of attorney simply signed.
  2. Particulars of the applicant.
  3. The number and date of filing of the patent.

Changes.

  • Change of the owner’s name.
  • change of the owner’s address
  • assignment
  • licensing contract
  • mergers

Requirements:

  1. A duly executed Deed of Assignment.
  2. Power of attorney simply signed.
  3. A contract of licensing duly executed.
  4. A duly certified merger instrument.
  5. A duly certified instrument of change of name and/or address.
  6. Original letters of patent for endorsement purposes.

Trademarks/service marks.

The TPI Office will examine application to ensure formal compliance. Formal requirements must be satisfied within a period of three months. Once formal compliance is secured, the application will be published in the Trademark Bulletin, and hence the Certificate of Registration will be issued. An interested party may raise an opposition within a period of 90 days. The International Classification of Goods and Services is followed (Nice Classification). The term of validity for a duly registered trademark is 10years, renewable for similar periods subject to payment of the prescribed fee, nonetheless a period of 6 months grace is allowed. A trademark may be assigned with or without goodwill; however an assignment must be recorded as provided for under the law. Use of a trademark is compulsory within the first five years form the date of filing. A trademark may be cancelled, if an interested third party established cogent grounds showing non-use for a period of five consecutive years as from the registration date. Infringements are presided over by the competent civil and criminal courts as the case may be.

Formal filing requirements are as follows:

  1. Name and address of the applicant including his nationality, his domicile and the address of his place of business.
  2. A power of attorney simply signed.
  3. A certificate of incorporation or an extract from the Commercial Register dully certified if the applicant is a legal entity.
  4. A certificate showing the applicant’s business activity duly legalized by the Chamber of Commerce or Industry or any other legal body responsible for issuing such certificates.
  5. 22prints of the trademark/ service mark maximum size 8x8cm, minimum size 5x5cm for each class.
  6. A complete list of goods and services to be covered by the registration.
  7. A certified copy of the priority document if priority is to be claimed. May be submitted within three months from the date of filing.
  8. Original of the receipt showing payment of the application fees.
  9. Original of the receipt showing payment of the class fees.

Note: documents in a language other than French or Arabic must be accompanied with their English translation.

Changes.

  • Alteration of goods and services.
  • Alteration of a registered trademark.
  • Voluntary cancellation of a registration.
  • Change of name and / or address of the owner.
  • Assignment of the registration.
  • Licensing contract.

Requirements:

  1. A power of attorney duly executed and legalized by a Turkish Consulate.
  2. A duly certified instrument of change of name and/or address.
  3. Original certificate of registration / renewal as the case may be.
  4. A deed of assignment duly executed and legalized by a Sudanese Consulate.
  5. A duly executed licensing contract.

Copyright.

Range and extent of protection.

The copyright law provides protection, among other things, for written works, phonographs and cinematographic films, theatre and musical pieces, television and radio works for publication, paintings, sculpture and architecture, maps and speeches. The Copyright law No.5846 on intellectual and artistic works as amended by Law No. 4630 of March 2001considers software as a literary work and as such a 25 years protection is provided as from the granting date. Protection under the copyright law ends fifty years after the death of the author. However, if the copyrighted substance is owned by a legal entity rather than a natural person, the fifty years protection shall begin on the date the material was first published. The author may assign the rights granted to him subject to prescribed terms and conditions. The Directorate of Copyright and Cinema maintains the right to permit publication of the work of art in specific forms as prescribed under the law. Infringements are presided over by the Copyright Tribunal. The Copyright Office undertakes the task of Registration. Turkey copyright law greatly restructured the legal regime, providing deterrent punishment for copyright infringement. It embraces tough anti-piracy provisions comprising an outlaw on street sales of all copyright products and a sanction for the legal system authorities to pursue the requisite action without complaint by the beneficial owner.

Formal filing requirements are as follows:

  1. Name and address of the applicant including his nationality, his domicile and the address of his place of business. As regards joint works, the names of authors must be included.
  2. A power of attorney simply signed.
  3. A duly executed and legalized deed of assignment, if the author is not the applicant.
  4. Three copies of the work for which protection is sought to be lodged with the Directorate General of Copyright and Cinema under the supervision of Ministry of Culture. .

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