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INTELLECTUAL PROPERTY RIGHTS IN TURKEY

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Opposition Term

02 Months

Registration Term

10 Years

First Renewal Term

10 Years

Subsequent Renewal Term

10 Years

  • The Industrial Property Law No. 6769 ("IP Law"), which entered into force on January 10, 2017 - is the primary law governing the mechanism of trademark registration and protection in Turkey.

  • Trademark applications in Turkey need to be filed before TURKPATENT (Turkish Patent and Trademark Office), which administers the entire trademark registration process.

  • It follows a 'first-to-use’ system, which means that rights are established on the basis of use of a trademark.

  • Turkey follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.

  • The third parties can file opposition actions against a trademark application within two (02) months from the date of publication of the trademark in the Official Bulletin.

  • In Turkey, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each. 

  • The grace period to renew a trademark after the date of expiry is six (06) months.

  • The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration. 

  • Turkey is a member of the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty, and the European Patent Convention.

  • The Industrial Property Law No. 6769 (‘IP Law’), which entered into force on January 10, 2017 - deals with the mechanism of patent protection in Turkey.

  • For seeking patent protection in Turkey, an application has to be filed with the TURKPATENT, which administers the entire process of patent grant.

  • In Turkey, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected. 

  • The types of patent applications that can be filed include Non-Convention Application and Convention Application. 

  • In Turkey, an opposition against a patent application cannot be raised at the pre-grant stage.

  • Patents last for twenty (20) years in Turkey. Annuities are due starting from the 3rd year of the filing date, provided that the patent application was filed on or after January 10, 2017 and starting from the 2nd year of the filing date, provided that the patent application was filed before January 10, 2017.

  • The Law No. 554 pertaining to the Protection of Industrial Designs, including Amended Implementing Regulation of 1st December 1997 - deals with the mechanism of registration of industrial designs in Turkey.

  • For getting an industrial design registered in Turkey, an application has to be filed with TURKPATENT, which administers the entire process of registration.

  • The types of industrial design applications that can be filed in Turkey include Non-Convention Application and Convention Application.

  • Third parties can file opposition within three (03) months from the publication of the design application in the Official Design Bulletin.

  • A registered industrial design is valid for five (05) years from the date of filing of the application and may be extended four (04) times for successive periods of five (05) years each up to a total term of twenty-five (25) years.

  • The request for renewal and the renewal fee needs to be submitted within a period of six (06) months before the last day of the month in which the protection ends.

  • There is a grace period of six (06) months for the late renewal of a registered industrial design.

  • Turkey is a signatory to the Berne Convention for the Protection of Literary and Artistic Works. 

  • Law No. 5846 of December 5, 1951, on Intellectual and Artistic Works (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020) - is the basic legislation governing copyright protection in Turkey.

  • In Turkey, copyright comes into existence as soon as the work is created. Copyright deposit is not mandatory, but can be done by registering a work with the General Directorate of Copyright by sending a copy of the work.

  • The term of protection lasts for the lifetime of the author and for seventy (70) years after his death. If there is more than one author, this period ends upon the expiry of seventy (70) years after the death of the last surviving author.

  • The term of protection for works that have been first made public after the death of the author is seventy (70) years after the date of death.

  • The term of protection for anonymous works where the author remains unknown is seventy (70) years from the date on which the work was made public.

  • If the first author is a legal person, the term of protection is seventy (70) years from the date on which the work was first made public.