Industrial property legislation
The Industrial Property legislation which is approved by the president of the republic in 09.01.2017 goes in effect in 10.01.2017 by publishing in Official Gazette. This law includes the applications about law, brand, geographical indication, design, patent and petty patent and also about the registration and the process after the registration. Also this law includes law enforcements and penal sanction about the violation of these rights.
Novelties of This Law
· In parallel to the EU regulations, for going in effect after 7 years, there is administrative cancellation to the brands and the duration for the registration of the brands becomes shorter.
· With Industrial Property Law, the name of Turkish Patent Industry is changed to Turkish Patent and Brand Institution. The short name is regulated as “Turkish Patent”.
· It is regulated that the duration of the protection of registered brand is ten years from the application and the renewal of this duration of production is made with 10-year periods.
· In case of the presentation of the letter of consent of the previous brand owner, which is approved by notary to Turkish Patent and Brand Institution, the application cannot be rejected.
· According to law, inventions of universities have a right to take patent.
· There should be a guarantee brand which is under control of the brand owner and which clarifies the common features of the managements, the way of productions, the geographical origin of the products and the quality of the products.
· Persons who have the rights to use of the registered geographical sign and traditional product name can use these with emblem on the product or package of the product. For geographical signs it is obligatory to use the emblem.
The Duration of Production is 10 Years
· Any objection for the rejection of registration of an application of brand, which is published in bulletin, can be done in 2 months from the application time.
· The protection time of registered brand is 10 years from the application time. This duration can be renewal with 10 years periods. Brand right can become a subject in the contract of license for a part of or for all the products, which are registered.
· The court can decide the caducity of the brand according to related articles. The ones who has benefits, public prosecutors or related state institutions or organizations can require from court the caducity of the brand and if there is a decision for the caducity of the brand, the production which is done with law is become invalid.
· The right of the brand is done when the protection time is done or there is no renewal in this duration. Also, if the owner of the brand gives up from the right of the brand the right of brand is done.
Trademark İnfringement and Punitive Articles
A person who manufactures or sells goods, offers or sells, sells, imports or exports, sells, possesses, transports or stores goods for commercial purposes by infringing upon the trademark of another person by citing or filing a petition for up to 3 years imprisonment and up to 20 thousand days shall be punished with judicial fine.
The person who removes the mark indicating that it is brand protected without authorization from the goods or packaging shall be sentenced to 1 year to 3 years imprisonment and up to 5 thousand days in judicial fine.
If the person is not authorized, shall be given the right to transfer the trademark right of another person, license or pledge, shall be sentenced to 2 year to 4 years imprisonment and up to 5 thousand days in judicial fine.
Under the control of the trademark owner, many marks will be the mark of guarantee that guarantee the common features, production methods, geographical origin and quality of those enterprises.
Guarantee trademark, trademark owner or the owner of the goods or services will not be available on economically connected to the enterprise.
In the Law, the mark is used as a token by a group of manufacturing or trade or service businesses and the collective mark will be used to distinguish goods or services of the group enterprises from goods or services of other enterprises.
Products in the Scope of Protection
In the Law, the geographical right is regulated along with the traditional product name. In this context, the regulation on the registration of the traditional product name is introduced.
The publication period of the design applicants will be reduced from 6 months to 3 months. Turkish Patent and Trademark Authority decisions may be appealed and the period of submission of the report on the inspection of geographically marked products shall be reduced from 10 years to 1 year.
The combination of natural and human elements, food, agriculture, mining, handicrafts and industrial products that comply with the conditions in force will benefit from the geographical indication or traditional product name protection provided that they are registered.
A mark indicating a product identified with a locality, area, region or country from which it originates in terms of its distinctive character, reputation or other characteristics shall be referred to as a geographical indication.
The names originating in the territory of a geographical region, territory or exceptional circumstances, all of which are derived from natural and human elements specific to this geographical area and whose production, processing and other transactions are all within the boundaries of this geographical area shall be the origin of the names.
Names that identify products made within the boundaries of the geographical area of which at least one of the production, processing and other operations originating from a specified geographical region, region, or country, identified with respect to its distinctive character, reputation or other characteristics, are identified by this geographical area. Names that are traditionally used to designate a product that does not have a geographical name and that do not contain a geographical name that is settled on a daily basis may also be a name of origin or merchandise mark.
Names which have not been included in the name of origin or merchandise mark and which have been traditionally used for a period of at least 30 years to describe a product in the relevant market shall be defined as traditional product names if they originate from traditional manufacturing or processing methods or traditional combination or from traditional raw materials or materials.