Intellectual Property Laws at Turkey
Turkey has a comprehensive and modern intellectual property (IP) legal framework, primarily governed by Law No. 6769 on Industrial Property, which came into effect on January 10, 2017. This law consolidates and updates previous regulations concerning patents, trademarks, utility models, industrial designs, and geographical indications, aligning Turkey's IP system with international standards.
📜 Key Provisions of Law No. 6769
1. Patents and Utility Models
Patents:Protect inventions that are novel, involve an inventive step, and are capable of industrial application. Protection lasts for 20 years from the filing date
Utility Models: Offer protection for inventions that are new and capable of industrial application but do not require an inventive step. Protection lasts for 10 years
2. Trademarks
Definition: Trademarks are signs capable of distinguishing goods or services. This includes words, logos, sounds, and colors
Protection: Registered trademarks are protected for 10 years from the application date and can be renewed indefinitely for additional 10-year periods
3. Industrial Designs
Protection: Designs that are new and have individual character are protected for 5 years from the application date, renewable up to a total of 25 years
Unregistered Designs:Also protected under unfair competition and copyright provisions
4. Geographical Indications
Definition: Indications that identify goods as originating from a specific place, where a given quality, reputation, or characteristic is essentially attributable to its geographical origin
Protection:Geographical indications are protected under the IP Code, ensuring that only products genuinely originating from a specific place are allowed to use the name
🏛️ Enforcement and Legal Remedies
Enforcement of IP rights in Turkey is both administrative and judicia:
Administrative Enforcement Rights holders can register their IP with customs authorities to prevent the importation of counterfeit good.
Judicial Enforcement Specialized IP courts in Ankara, Istanbul, and Izmir handle cases of infringement, validity, and enforcement of IP rights. These courts are staffed with judges and legal professionals experienced in IP matter.
Legal Remedies Include:
Preliminary injunctios, Damags, Seizure and destruction of infringing goos Criminal sanctions, including imprisonment and fines for willful infringemet
🏢 Administrative Body
The Turkish Patent and Trademark Office (TÜRKPATENT) is the central authority responsible for the registration and protection of industrial property rights in Turky, Established in 1994, TÜRKPATENT operates under the Ministry of Industry and Technology and is authorized to represent Turkey in international organizatios.
🌐 International Engagemet
Turkey is a signatory to several international treaties and conventions, includng:
Paris Convention for the Protection of Industrial Property
Berne Convention for the Protection of Literary and Artistic Wors
Madrid Protocl
Hague Agreemet
Patent Cooperation Treaty (PC)
European Patent Conventin
These memberships facilitate the protection of Turkish IP rights abroad and enable foreign IP holders to seek protection within Turkey.
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