Brand New Developments in Turkey Regarding the Industrial Rights

The new Turkish Industrial Property Law entered into on January 10th, 2017. The Turkish Patent Institute has been changed as “Turkish Patent and Trademark Office”.

Some parts of Decrees are transferred to the New Turkish Industrial Property Law without necessary amendments. However it is necessary to highlight that New Law also bears several brand new regulations.

The highlighted regulations regarding the trademarks are indicated below as including but not limited to;

  • Third parties have right to file an opposition against the published trademark within two months instead of three starting with the publication date.
  • “Letter of Consent/Co-existence Agreement” has started to be accepted by Turkish Patent and Trademark Institute.Letter of consent/Co-existence Agreement must be notarized as a formal validity requirement. A Letter of Consent/ Co-existence Agreement should be submitted to the Institute either simultaneously with the filing of the trademark application or upon refusal.
  • Color and soundtrademarks are listed as registerable trademarks. Applications for motion trademarks are also possible.
  • Party who is opposing against the published trademark should submit documents for proving the serious and continuous useupon the request of Applicant, if the trademark registration is older than 5 years.
  • In line with the regulations of European Union, cancellation actions will be initiated before Turkish Patent and Trademark Institute instead of Courts on Duty of Intellectual and Industrial Rights. However, it is postponed for seven years to enable the authorities to prepare for such a major change. These proceedings will include cancellation of a registered trademark on grounds of non-use, becoming generic, deceiving public, use of guarantee trademark contrary to the technical regulation.
  • The trademark applications filed via Madrid Protocol and designating Turkey will be granted at the first hour and minute of the day received by the Office, thereby getting ahead of any national trademark filing on the same day.
  • The Law foresees thepossibility of renewal of a trademark on limited classes or listing of goods/services.

The highlighted regulations regarding the designs are indicated below as including but not limited to;

  • Novelty examination will be conducted by Turkish Patent and Trademark Institute as ex officio during the preliminary examination process of applications through “Google design search” database and TMDN database.
  • Third parties have right to file an opposition against the published design within three months instead of six starting with the publication date.
  • Invisible parts will not be registered as design due to the New Law.
  • Unregistered designs will be covered under the new Law. The protection is for three years from the date which the design was first made available to the public.
  • Equivalent parts of which list will be published by Ministry of Science, Industry and Technology will not benefit from the three-year protection.

The highlighted regulations regarding the patents and utility models are indicated below as including but not limited to;

  • Examination report is become compulsory for utility model
  • Appeal system before Turkish Patent and Trademark Institute is regulated after patent is granted. Oppositions can be filed within 6 months after the publication of the granted patent. This provision is not valid for utility models.
  • New payment proportion is regulated for the employees of public institutes and organizations for their inventions.
  • Reparation payment is regulated for the patents of which annuity fee is overdue.

 

While the Law introduces criminal provisions for trademark infringements, there are no criminal provisions concerning patent and designs.

For gaining for more information, please stay tuned to our website www.gurlaw.com or contact:

Mr. Tevfik GÜR

Partner

tevfik@gurlaw.com

Ms. Deniz SAYIN

Head of IP Department

deniz@gurlaw.com

Ms. Cansu YAZKAN

Associate

cansu@gurlaw.com