January 17, 2017

Turkey: new Industrial Property Law implementation

On December 22, 2016, the Turkish Parliament adopted a new Industrial Property Law which entered into force after publication in the Official Gazette on January 10, 2017. The new law introduces significant changes into the whole structure of IP rights protection in Turkey.

We would like to point out some of the important amendments introduced by the new legislation.

Patents

  • A short-term patent issued after the formalities examination with the 7-year validity term has been eliminated.
  • A post-grant opposition system is introduced. A third party may now file an opposition against a patent within six months from the publication of the decision to grant.

Industrial Designs

  • Description of a design provided in the application in no way influences the scope of protection.
  • The post-grant opposition period has been reduced from six to three months from the publication of the design registration.

Trademarks

  • Sound and colour trademarks have become registrable.
  • The owner of an earlier trademark may provide a Consent Letter, thus, giving his permission for registration of a later – similar or identical - trademark for the same or similar goods/services.
  • Information on registered geographical indications has been included into the data which is to be taken into consideration on the examination stage and may be the basis for refusal on absolute grounds.
  • The opposition period now constitutes two months from the publication of the application instead of three months.
  • A trademark may be renewed for a limited number of goods or services in which the trademark is registered.

You may find more information on procedure of IP rights registration in Turkey and other countries of your interest in our applicant’s guide. Also, we welcome you to visit our quotation system to get an actual quote for registration of patents, trademarks, and designs worldwide.


Author: Lynda Miller

 

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