6 July 2020

Intellectual Property Rights In Turkey- IP Law

Intellectual Property Rights In Turkey

INTELLECTUAL PROPERTY RIGHTS IN TURKEY

Intellectual property rights in Turkey (IP) relates to new creations, such as an invention, a brand name, or a literary or artistic work. IP Law in Turkey protects rights of companies, humans etc.

The following IP rights are recognised in Turkey:

  • industrial property rights relating to inventions (patents and utility models)
  • trade marks
  • industrial designs
  • geographical indications
  • integrated circuit topographies
  • copyright
  • trade secret

CATEGORIES OF IP LAW IN TURKEY

Intellectual property rights in Turkey are divided into two categories: unregistered and registered rights.

Unregistered rights arise automatically without fulfilling any procedures upon the creation whereas registered rights should be applied before the relevant authority to benefit from the protection. Registered intellectual property right can be protected by lex specialis. According to the Turkish Law, protection is also possible by general provisions such as unfair competition.

PROTECTING TRADEMARK IN TURKEY

In Turkey, you have some degree of protection for unregistered trade marks under the unfair competition provisions of the Commercial Code. However, registering your trade mark can provide additional benefits. For example, it can be easier to enforce your rights if you register your trademark. Once registered, a Trade mark is valid for 10 years from the date of application. You can renew it indefinitely, for a further 10 years each time.

A trade mark is a sign which distinguishes your goods and services from those of your competitors. You may file a trade mark application for signs which could be recorded to the registry, such as words. These may be stylised, 3D or plain text. Examples include personal names, designs, and letters or numerals. Trade marks may also include the shape of the goods or their packaging. TURKPATENT also accepts sound, motion and colour trade mark applications. For a trade mark to be acceptable, it must be distinctive. Therefore, it should not purely describe the goods and services to which it relates. Before filing an application, we also highly recommend you or your Trade mark attorney to conduct a trade mark search. This will help confirming whether the trade mark is available or whether anyone has already registered an identical or similar mark.

INTELLECTUAL PROPERTY RIGHTS REGISTRATION PROCESS

To apply, you can file a national trade mark application form with TURKPATENT (www.turkpatent.gov.tr). The form is in Turkish and if you are based in UK, you must use a trade mark attorney authorised in Turkey in order to act before TURKPATENT.

Alternatively, as Turkey is a member of the Madrid Protocol, you can file an international application from UK and designate Turkey. You do not have to declare any proof of use or declaration of use when filing a trade mark application. Intellectual Property Rights in Turkey

You can claim priority from an earlier application filed in another country provided that they are a member of the Paris Convention. You must file the subsequent application within 6 months of the original application. This means your later application will be treated as if you applied on the same date as the original application.

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