- The Intellectual Property Academy was founded by presidential decree in July 2018
- The Regulation on the Intellectual Property Academy was published in the Offi cial Gazette on 14 November 2019 and entered into force on the same day
- Among other things, the regulation sets out the working procedures and principles of the academy, as well as its educational, consultancy, research and coordination activities
In the past years, several concrete and important steps have been taken in Turkey to raise awareness of IP rights and their protection. The entry into force of the new Industrial Property Code 6769 was the touchstone. As IP Law has been accepted as one of the main sectors for academic works, a company aﬃliated with the Turkish Patent and Trademark Oﬃce was established for the valuation of IP rights.
Likewise, the Intellectual Property Academy was founded by Presidential Decree No 4 of 15 July 2018.
Article 367 of the decree founding the academy – which is also incorporated in the Industrial Property Code – stated that detailed rules regarding the academy shall be set out by a regulation. Accordingly, the Regulation on the Intellectual Property Academy was published in the Oﬃcial Gazette No 30948 dated 14 November 2019 and entered into force on the same day.
The aim of the regulation is to set out:
- the rules regarding the working procedures and principles of the academy;
- the educational, consultancy, research and coordination activities of the academy, and the fees charged for such activities and services;
- the secretarial services of the academy; and other issues.
The regulation states that the academy is responsible for:
- organising congresses, conferences, panels, domestic internship programmes, and theoretical and practical training in the IP ﬁeld;
- conducting ﬁeld research, internal coordination and cooperation activities; providing consultancy services; and
- ensuring that the professional knowledge and skills of public and private sector employees in the IP ﬁeld are established within the framework of international norms by certifying personnel in accordance with the relevant national and international standards.
The academy consists of the Executive Committee, which is the advisory body, and the Training Centres, which are the executive bodies. The recommendations of the Executive Committee shall be executed by the Training Centres. IP professionals with different job descriptions are presented in these organs as IP judges, academic members, lawyers, trademark/patent attorneys, Court of Appeal members, etc. The Executive Committee must be composed of eight members, elected for three years, who may be re- elected.
The regulation foresees two different types of Training Centres. One is named the Copyright Training Centre and is established by the Ministry of Culture and Tourism, while the other is named the Industrial Property Rights Training Centre and is established by the Patent and Trademark Oﬃce. It is foreseen that the academy may beneﬁt from the experience of judges, attorneys, academics, etc as trainers.
The activities of the academy cover both copyright and industrial property rights, such as trademarks and patents. Copyright and industrial property rights are protected under different codes and regulations in Turkey. Therefore, the regulation is signiﬁcant in that it establishes uniform rules in the ﬁelds of copyright and industrial property rights, and is one of the only points where both types of rights are dealt with together.
The regulation and its rules show that governmental institutions have an important responsibility in promoting the protection of IP rights in Turkey. It remains to be seen how the activities of the academy will inﬂuence the Turkish IP sector in the future.
First published by WTR, in 02.12.2019