New Industrial Property Law in Turkey

The new Industrial Property (IP) Law entered into force on January 10, 2017 in Turkey and the regulations regarding this law published on September 28, 2017. The law regulates all IP rights (trademarks, patents, utility models, designs, geographical signs, etc.) traditional product names registration, post-registration transactions, legal and penal sanctions for violation and all other rules of these in a single code. The law intends to comply with recent developments in the EU IP Law, and renders the current legislation clearer, more understandable and systematic1.  The new IPR Law will also have a crucial role in determining the ownership of rights for the inventions developed at higher education institutions. All of these efforts culminate into the increase in the intellectual property portfolio of universities in Turkey.

The Industrial Property Law changed the name of the Turkish Patent Institute as "Turkish Patent and Trademark Office" (TPTO) and the short name of the authority was defined as "Turkish Patent" [2].

Main Notable Patent & Utility Model Changes Brought to the Law [3]:

  • The universities will have the ownership of the inventions originated at the universities. The acquired income from the IP will be distributed as follows: at least one-third to the inventing academics, one-third to Technology Transfer Office, and one-third to the University President’s office [4].
  • Patent-without substantive examination system which provided protection of 7 years has been abolished,
  • Utility model applications are subject to novelty search and applicants can file amendments during the registration proceedings; no substantial examination,
  • Third parties are allowed to file oppositions within the 6-month period after a patent has been granted (post-grant opposition system),
  • The due date of annuity payments has been changed as the third anniversary of the application date, while it may also be paid with fine within six months following the due date. Further processing is available in the case of non-payment in the grace period; it is 2 months as of the notification date of the TPTO,
  • Obligation to submit evidence of use to the TPTO removed while "use requirement" remained in force in case a third party demands a compulsory license,
  • The TPTO has recently been accepted as an international search and examination Authority by WIPO,
  • Only civil proceedings are available for patents & utility models.