After years of discussions, the new draft IP Law – which is expected to be enacted this year – introduces a post-grant opposition system for national patent filings in Turkey.
The legislature is introducing a post-grant opposition system in order to bring Turkish law into line with the European Patent Convention system. However, the post-grant opposition system set out in the draft law has some small differences from the convention system.
Third parties may file an opposition…
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The draft IP Law introduces provisions to strengthen the protection of the rights of both patent applicants and patent owners (for further details please see “TPI finally publishes new draft law”).
The current Patent Decree-Law provides that a patent applicant benefits from all of the protection enjoyed by a patent owner. However, the decree-law sticks with this basic principle and does not go into detail. Therefore, the protection of patent applicants’ rights has become a…
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On February 24 2016, the Turkish Patent Institute (TPI) produced the new Draft Industrial Property Code. It was circulated for a period of consultation which finished on March 4 2016. It is expected that the draft code will be sent to the Council of Ministers within the next few weeks. The authorities are hopeful that it will come into force before the end of the year.
In order to become a part of the Customs Union, Turkey had to harmonise its national IP laws with EU…
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On February 18 2016, the Turkish Patent Institute (TPI) announced that the Official Trademark Bulletin will now be published twice a month. The bulletin was previously published on the 12th of each month but will now be published on the 12th and 27th of each month or the next working day if either of those days falls at the weekend. This change is expected to require a much stricter follow-up of the bulletin and the legal opposition deadlines in order to avoid the possible…
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On February 24 2016 the Turkish Patent Institute (TPI) published its long-awaited draft IP Law proposing amendments to patent rights in Turkey. The government has decided to regulate all IP rights in a single act: Book 4 of the act covers patent rights, while Book 5 covers common clauses for all IP rights (ie, trademarks, geographical indications, designs and patents).
Improvements
The draft appears to be promising, particularly in comparison to the previous proposals to…
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On 24 February 2016 the Turkish Ministry of Science, Industry and Technology circulated the draft IP Law on the website of the Turkish Patent Institute (TPI), inviting comments and suggestions.
The draft law seeks to replace 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. It mainly incorporates provisions already…
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On 24 February 2016 Turkey’s Ministry of Science, Industry and Technology circulated a draft IP Law on the website of the Turkish Patent Institute (TPI) as part of a consultation exercise.
The intention of the Turkish government is to replace the current Decree-laws on the protection of trade marks, patents, geographical indications and designs — which date back to 1995 — with a single consolidating and amending Code. The trade mark chapter includes changes which seek to…
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1. Substantive aspects of both criminal and civil law
1.1 Legal theories and principal sources of lawIn Turkey there is no specific law or other legislation in effect with regard to trade secrets and their protection – the interest of the owner provides an imperfect exclusive right over trade secrets. They are not protected under specific laws, but protected under the general provisions of Turkish civil law.
The most general provision that constitutes a basis for the…
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The European Patent Convention (EPC) is a part of Turkish national domestic law and is enforced in Turkey under Article 90 of the Turkish Constitution. Furthermore, it was formed under international agreement and as a result cannot be claimed as unconstitutional.
The EPC law can be applied directly in Turkey and therefore it is legally binding. Alongside other member states, Turkey also declared and signed the EPC and as such recognises the competence and the decisions of the…
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The Tenth Development Plan, which covers 2014 to 2018, emphasises the government’s aim of enhancing international accreditation and standard-setting capacity to provide the effective and sustainable use of research infrastructures and to foster greater cooperation between the public and private sectors.
In order to achieve this aim, the Turkish government had declared a policy of transforming research centres within universities and public institutions into sustainable…
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The Tenth Development Plan of Turkey, which spans the period between 2014 and 2018, emphasises the necessity to enhance the country’s accreditation and standard-setting capacity at international levels. This is to provide effective and sustainable use of research infrastructures through diversification, as well as a desire to foster greater cooperation between the public and private sectors.
According to this development plan, measures should be taken to establish platforms…
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The European Patent Convention (EPC) is part of Turkish domestic law and is enforced in Turkey under Article 90 of the Constitution. As an international agreement, it cannot be declared unconstitutional. The EPC can be applied directly in Turkey and is legally binding. Under it, Turkey recognises the competence and decisions of institutions established under the EPC. Member states cannot declare their preference for decisions of European Patent Office (EPO) bodies (eg, the…
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