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Intellectual Property in Turkey

Intellectual property in Turkey

Updated on Monday 06th January 2020

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intellectual_property_turkey.JPGIntellectual property rights are protected by the Turkish law and a special attention is given to the patents and trademarks. If you need to register a trademark for your business in Turkey you should go to the Patent Institute where you can also register patents, license agreements and other documents related to intellectual property rights.

For registration, you must send a written request and the documents necessary in order to protect your rights and then you should wait nearly one year until the procedure is finished and the registration is done. The documents needed for registration are different for a real person and for a legal entity. Besides that, you can talk to one of our Turkish lawyers and address your inquiries if you want to register a trademark in this country.
 

Necessary documents for trademark registration

 
A person must present a copy of the passport for identification and for a legal entity – a certificate of activity. For the trademark you want to register, you will need a description and models of it. You don’t have to go in person to the Patent Institute, you can give the power of attorney to a person you trust in order to follow the procedure of registration, a matter where our Turkish attorneys can help. The power of attorney will be drawn up in front of a public notary in Turkey. If you choose to have the power of attorney abroad, the document must be apostilled according to the Hague convention.

In order to be all very clear for the Turkish clerks, you must claim clearly the category in which your goods or services trademarks will be included. The Turkish clerks will check if another person or other entity registered before the same trademark and then they will let you know if there is any problem. If somebody else registered that trademark before you, then you should go to the court in order to obtain the cancellation of the first registration, if you are the real owner of that trademark.


What court is responsible for violation of the intellectual property rights?


In Turkey there is Intellectual Property Rights Court that handles such cases. If you have problems with your trademark during the procedure of registration, you should know that your rights are protected since the day you submit all the documents for registration and your request to the Patent Institute. You may take legal action if somebody uses your trademark without your consent.
 

Turkey’s treaties and conventions

 
The Turkish legislation regarding the intellectual property aligns with the Paris Convention, the European Patent Convention, the Madrid Protocol, the Patent Cooperation Treaty, the Berne Protocol, The Rome Convention, and the Hague Agreement. Being a member of the World Trade Organization, Turkey also respects the applicable laws related. 
 

Trademark rules and regulations in Turkey

 
Turkey also signed the Agreement on Trade-Related Aspects of Intellectual Property Rights or TRIPS as it is known. Below is useful information about the applicable Turkish laws referring to intellectual property rights and trademarks:
 
  1. The Industrial Property Law protects the trademarks, the patents, the geographical indication, and the industrial designs.
  2. The Law on Intellectual and Artistic Works protects the copyrights in this field.
  3. Numerals, logos, letters, and names that create a trademark must not be offensive or illegal.
  4. Works related to music, literature, science, cinema, and fine are protected by the Law on Intellectual and Artistic Work.
 

What patents are protected in Turkey?

 
Inventions are protected in Turkey, whether seen as utility models or patents, mentioning that these must be industrially applied. Patents in Turkey can be easily registered, however, it is recommended to have the legal assistance of a lawyer in Turkey who knows the applicable laws in this field.
 

The new Industrial Property Law in Turkey

 
The Industrial Property Law entered into force in January 2017 in Turkey, replacing the former Trademark Decree and the Patent Decree. As such, the new set of laws allows the registration of a trademark that is similar to an earlier dated trademark, if consent is offered in this case. Also, such a trademark can be registered if the previous owner did not apply for a renewal or remained silent. The same new law eliminated the patent infringement penalties, however, the ones referring to trademark violations remain valid. If you need to know more about the Industrial Property Law in Turkey, do not hesitate to get in touch with one of our attorneys in Turkey and ask for information.
 

Registering a trademark in Turkey

 
The registration of a trademark in Turkey is not complicated, nevertheless, it is important to pay attention to a few important rules and aspects. For instance, the trademark applications must be filed with the Patent and Trademark Office in Turkey. The accepted trademarks can contain holograms, letters, numbers, acronyms, words, names, or any kind of combination of these elements as long as they are not offensive. The above-mentioned institution analyzes all the trademark applications in Turkey and has the right to reject the ones that do not comply with the Industrial Property Law. For instance, if a similar trademark is already registered or if the logo is made of religious symbols or values that have no authorization, a rejection can be issued. On the other hand, if the trademark respects the applicable laws and there are no infringements involved, the sign will the published in the Official Bulletin in Turkey. You might want to know all the steps involved in trademark registration, a matter where our Turkish lawyers can help.
 
 

Making investments in Turkey

 
Having one of the fastest-growing economies in the world and a large domestic market make Turkey be more present on the investment plans of international entrepreneurs looking for profits and portfolio expansion. The cost-competitive workforce, the favorable geographic location with connection worldwide and a continuous reform process are among the advantages considered by foreign businessmen with investment intentions in Turkey. More than that, the incentive schemes and the solid protection of investors in Turkey weigh quite much in the appealing business market in Turkey, mentioning that the legislation related to foreign investments is quite permissive. Below you can find some interesting facts and information about the economy and the business direction in Turkey:
 
  • Turkey is the second-largest FDI recipient in the western part of Asia, as stated by the UNCTAD 2019 World Investment report;
  • for 2018, the total FDI inward flow was of approximately USD 13,000 million;
  • the World Bank Doing Business report for 2019 ranks Turkey 43rd out of 190 economies worldwide;
  • as for the FDI stock registered in 2018 in Turkey, this reached around USD 134,524 million.

If you need legal advice regarding the protection of your intellectual property rights for your products or services in Turkey, you can contact one of our Turkish lawyers.