Turkey

Legislation
Intellectual property legislation includes Decree No. 552 for the protection of patents June 1995, Decree No. 556 for the protection of trademarks, June 1995, Decree No. 554 for the protection of Industrial Designs, June 1995, Law No. 5846 on intellectual and artistic works, January 1951 as last amended by Law No. 4630, March 2001, and Decree No. 555 for the protection of geographical signs, June 1995. Industrial property is administered by the Turkish Patent Institute under the supervision of the Ministry of Industry and Commerce-Directorate for the European Union & Coordination. Copyright and Related Rights are under the supervision of the Ministry of Culture, Youth and Leisure.

Turkey is a member of WIPO Convention since May 1976. Turkey is a signatory of the Paris Convention since October 1925, the Berne Convention as of January 1952, the Madrid Agreement ( False or Deceptive Indications of Source on Goods ) as of August 1930, the Hague Agreement (International Deposit of Industrial Designs ) as of January 2005, the NICE Agreement as of January 1996, Locarno Agreement{ international Classification for Industrial Designs] as of November 1998, PCT since January 1996, PLT{ Patent Law Treaty) since June 2000, Strasburg Agreement(International Patent Classification) since October 1996, Vienna Agreement (International Classification of the Figurative Elements of Marks} as of November 1996 and Budapest Treaty { Deposit of Micro-organisms) since 1998. Turkey is member and signatory to the TRIPS as of March 1995.

Turkey Patents Registration.
Applications are examined to ensure formal compliance. Deficiencies in respect of mandatory formal requirements must be rectified within three months from the date of notification. A search must be requested by the applicant within a period of fifteen months form the priority date, and if not available, from the filing date. A substantive examination may be made if the applicant so elects after receiving the search report. Two options are available. First, grant of the patent with examination. Second, grant of a patent without examination. The protection obtained by the examination option expires upon the expiry of twenty years whilst the non-examination option expires upon the lapse of seven years. However, within the seven years, the applicant may opt for the examination option and if all the requirements are satisfied the validity of the patent will automatically be for a period of twenty years. The search report would be prepared by one of the internationally recognized search authorities and would eventually be evaluated by the Turkish Patent Institute. The search report will be sent to the applicant and will be published within three months from the date of dispatch to the applicant. Any opposition as regards the search report must be conveyed to the TPI within a period of six months from the date of publication. The applicant is permitted a three months period to respond to any opposition including any amendments the applicant's may suggest. Once an application is accepted, it will be published in the Patent Bulletin. However, if a search report has already been made, no further search would be made. Assignment of a patent should be recorded within a period of six months with the patent office by submitting a legalized copy of the assignment deed which would be published in the Journal. Patent annuities must be paid within the last month of each year during the validity period. A grace period of 6 months is permitted for delayed annuity; however a fine will be imposed.

A patent must be put into operation within a period of three years as from the date of grant. Importation of products under the patent are not regarded as an exercise of exploitation. The law does provide for compulsory license as when circumstances permit. Priority could be claimed on the basis of the initial equivalent application filed within 12 months in a member state of the Paris Convention. Infringements acts may be raised by the patentee to the competent court having civil or criminal jurisdiction as the case may be. The relief prayed for depends on the nature of the suit. If it is a criminal suit a court may issue an order amounting to confiscation and destruction of the infringed products. On the other hand, a civil court may enter a judgment including compensation for damages and losses sustained.

Formal filing requirements for a non-PCT application are as follows:

1. Name and address of the applicant including his nationality, his domicile and the address of his place of business.
2. A certificate of incorporation or an extract from the Commercial Register dully certified if the applicant is a legal entity.
3. Power of attorney simply signed.
4. A deed of assignment if the applicant is not the inventor.
5. Three copies of the specification and claims. Required at the date of filing.
6. Formal drawings. Required at the date of filing.
7. Three copies of an abstract. Required at the date of filing.
8. A duly certified priority document, if priority is to be claimed including a Turkish translation. May be submitted within a period of three months from the date of filing.
9. The bank receipt showing payment of application fees

1. Name and address of the applicant including his nationality, his domicile and the address of his place of business.
2. Power of attorney simply signed.
3. A deed of assignment if the applicant is not the inventor.
4. Three copies of the specification and claims in English. Required at the date of filing. Turkish translation may be filed within three months subject to payment of an additional fee.
5. Formal drawings. Required at the date of filing.
6. Three copies of an abstract in English. Required at the date of filing.
7. A duly certified priority document, if priority is to be claimed. A Turkish translation is required. May be submitted within a period of three months from the date of filing.
8. Copy of PCT international advertisement. Required at the date of filing.
9. Copy of the International Search Report. May be submitted later.
10. Copy of the International Preliminary Examination Report. May be submitted later.
11. Copy of any changes, if any, made during the international phase process at WIPO. May be submitted later.
12. copy of a written opinion [if any]

1. Name and address of the applicant including his nationality, his domicile and the address of his place of business.
2. Power of attorney simply signed.
3. A copy of the certificate of incorporation or an extract from the Commercial Register duly certified if the applicant is a legal entity. May be submitted within three months from the date of filing,
4. Three copies of the design representation. Required at the date of filing.
5. 20 prints of the design in the form of drawings or paintings or graphics or photographs of the design in maximum size of 8x8cm.
6. A three dimensional design must provide a view from the front, sides and the top.
7. Four (4) copies of the Design Description. Required at the date of filing.
8. A duly executed deed of assignment if the applicant is not the proprietor. Required at the date of filing.
9. Priority document, if priority is to be claimed. May be submitted within three months from the date of filing.

1. Power of attorney simply signed.
2. Particulars of the applicant.
3. The number and date of filing of the patent.

1. Change of the owner's name.
2. change of the owner's address
3. assignment
4. licensing contract
5. mergers

1. A duly executed Deed of Assignment.
2. Power of attorney simply signed.
3. A contract of licensing duly executed.
4. A duly certified merger instrument.
5. A duly certified instrument of change of name and/or address.
6. Original letters of patent for endorsement purposes.

1. Name and address of the applicant including his nationality, his domicile and the address of his place of business.
2. A power of attorney simply signed.
3. A certificate of incorporation or an extract from the Commercial Register dully certified if the applicant is a legal entity.
4. A certificate showing the applicant's business activity duly legalized by the Chamber of Commerce or Industry or any other legal body responsible for issuing such certificates.
5. 22prints of the trademark/ service mark maximum size 8x8cm, minimum size 5x5cm for each class.
6. A complete list of goods and services to be covered by the registration.
7. A certified copy of the priority document if priority is to be claimed. May be submitted within three months from the date of filing.
8. Original of the receipt showing payment of the application fees.
9. Original of the receipt showing payment of the class fees.

1. Alteration of goods and services.
2. Alteration of a registered trademark.
3. Voluntary cancellation of a registration.
4. Change of name and / or address of the owner.
5. Assignment of the registration.
6. Licensing contract.

1. A power of attorney duly executed and legalized by a Turkish Consulate.
2. A duly certified instrument of change of name and/or address.
3. Original certificate of registration / renewal as the case may be.
4. A deed of assignment duly executed and legalized by a Sudanese Consulate.
5. A duly executed licensing contract.

1. Name and address of the applicant including his nationality, his domicile and the address of his place of business. As regards joint works, the names of authors must be included.
2. A power of attorney simply signed.
3. A duly executed and legalized deed of assignment, if the author is not the applicant.
4. Three copies of the work for which protection is sought to be lodged with the Directorate General of Copyright and Cinema under the supervision of Ministry of Culture.