Turkey became a signatory to the European Patent Convention (EPC) on November 1 2000. The enactment of the Law on Joining the European Patent Convention on the Grant of European Patents and Its Protocols (4054) brought the EPC provisions into force in Turkey. Accordingly, the EPC is directly applicable to European patents validated in Turkey. However, few of the EPC provisions bind the national courts. For example, Article 138/3 gives a European patent owner the right to…
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The Industrial Property Law came in force on January 10 2017. It introduces new provisions to encourage filing national applications before the Turkish Patent and Trademark Office (TPTO) by setting out a standardised procedure which can be completed in a shorter time.
The new law reduces the number of requirements for filing an application to make it easier to obtain a filing date. Under the new regime, a request for a patent or utility model which includes the applicant’s…
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The new Industrial Property Code entered into force in January 2017 and repealed Decree Law No 551 on Patents and other decree laws pertaining to IP rights. The new Industrial Property Code only brings a few changes to the Decree Law previously in effect. One of the changes brought by the new Code is that, similar to the European Patent Convention to which Turkey is a party, a post-grant opposition system has been introduced. Accordingly third parties may oppose against the…
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Turkey’s long-awaited Industrial Property Code number 6769 has entered into force upon publication in the Official Gazette on January 10 2017.
The IP Code is mostly welcome as the Turkish IP regime has needed reform for a long time. Except for copyright, the main IP rights, namely patents, geographical Indications, industrial designs and trade marks were all regulated in the form of decree-laws which entered into force 20 years ago. The legal texts were mostly compatible with…
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The long-awaited Industrial Property Law numbered 6769 finally came into force in Turkey on January 10 2017. The new law regulates all IP rights in a single code. It consists of 193 articles and six provisional articles divided into five chapters. The first four books of the law regulate trade marks, geographical indications, designs and patent rights respectively. The name of the Turkish Patent Institute has changed to the Turkish Patent and Trademark Office (TPTO) with…
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The IP Code has now replaced the respective Decree-Laws pertaining to the protection of trademarks, patents, geographical indications, and industrial designs, unifying them into a single code. The Decree-Laws on the protection of trademarks, patents, and industrial designs will continue to apply to international and national trademark, design, and patent applications filed before January 10, 2017. The application of the old system ends once the application is registered.…
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In decision No 2016/148 E 2016/189 K dated December 14 2016, the Turkish Constitutional Court annulled Article 14 of Decree-Law No 556, following the referral by the Istanbul Second IP Court (in File No 2015/116 E) of an application for the annulment of said article on the ground of unconstitutionality. The decision of the Constitutional Court entered into force on January 6 2017, upon its publication in the Official Gazette.
Article 14 of Decree-Law No 556 governed the…
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The Industrial Property Code (IP Code) entered into force upon publication in the Official Gazette on January 10 2017. The IP Code has now replaced the respective decree-laws (D-L) pertaining to the protection of trade marks, patents, geographical indications and industrial designs, unifying them into a single code. Article 30 of the IP Code extends the scope of offence, compared to the trade mark D-L. Under Article 61/A of the D-L, the “manufacturing, offering for sale and…
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The long awaited Industrial Property Law (“The Law”), numbered 6769, finally came into force in Turkey on 10 January 2017. The new law regulates all IP rights in a single code. It consists of 193 articles and 6 provisional articles divided into five chapters. The first four Books of the law regulate trademarks, geographical indications, designs and patent rights respectively. The name of the Turkish Patent Institute has changed to the Turkish Patent and Trademark Authority…
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Following the merger of various IP-related decree-laws into a single code, the brand new Industrial Property Code (No 6769) entered into force as of January 10 2017.
At the beginning of 1990s, Turkey was in the process of becoming part of the EU Customs Union and one of its obligations was to adapt its domestic IP law to comply with EU regulations. In order to achieve this, Turkey rapidly enacted IP-related decree-laws in 1995. Decree-laws were preferred since they require…
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The long-awaited Industrial Property Law (6769) finally came into force in Turkey on January 10 2017. The new law regulates all IP rights in a single code. It consists of 193 articles and six provisional articles, divided into five chapters. The first four books of the law regulate trademarks, geographical indications, designs and patent rights, respectively, while the fifth book sets out common provisions valid for all IP rights. Article 188 of the law changes the name of…
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The New Turkish Industrial Property Code entered into force on January 10, 2017. This Code replaces the Decree-laws pertaining to the protection of trade marks, patents, geographical indications and designs, all of which date back to 1995, by bringing all those rights together within the ambit of a single Code.
The design chapter includes changes which seek to achieve greater compliance with the relevant directives of European Union. The major changes relate to the designs…
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