Turkey is a party to most international IP-related treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), which aims to harmonise the legal framework for anti-counterfeiting and anti-piracy. Turkey’s new IP Code entered into force on January 10 2017 upon its publication in the Official Gazette. The new law amends decree-laws pertaining to the protection of trademarks, patents, geographical indications and industrial designs, unifyi...»
Regulatory data protection has been a contentious issue since it was introduced into Turkish law via the Ministry of Health Licensing Regulation. The most problematic areas are:
the implementation of regulatory data protection as market exclusivity, despite contradictory wording in the Licensing Regulation; and
limiting the regulatory data protection right to within the patent term.
When this issue comes before IP courts in cases of unfair use of data by third parties withi...»
Overview of main IPRs
1. What are the main IPRs in your jurisdiction? How are they protected?
Patents and utility models
Patents. Patents are granted for inventions which are all of the following:
Represent an inventive step (that is, surpass the current standard for state-of-the-art in a particular industry).
Capable of industrial application.
The following categories are exempted from patent protection:
Discoveries, scientific theories, and mathematical methods.
1. What are the legal requirements to obtain a patent?
The applicant has to prove the following to obtain a patent (Article 82/1, Industrial Property Code (IPC)):
2. What categories are excluded from patent protection?
The following are not considered as inventions and therefore cannot be patented (Article 82/2, Industrial Property Code (IPC)):
Discoveries, scientific theories, mathematical method.
Plans, methods and...»
The Istanbul IP Court has recently decided on a generic company’s damages claim based on an unjust preliminary injunction, in what appears to be the first decision of its kind by Turkish IP courts within the pharmaceutical sector. The parties can appeal the decision before the district court, as well as the court of appeal, after the proceedings.
FactsThe dispute between an originator firm and a generic firm derived from an infringement claim. The court had issued a prelimina...»
Since 2012, individuals in Turkey have been able to make individual complaint applications to the Constitutional Court claiming that the state has violated their fundamental constitutional rights (or rights under the European Human Rights Convention) through its acts or omissions.
One of the most common claims is that the state has violated an individual’s right to a fair trial by failing to meet the reasonable time requirement and concluding criminal cases over ...»
Regulatory provisions and authorities
1. What is the main legislation relevant to corporate manslaughter?
There is no specific law that regulates corporate manslaughter in Turkey. However, in the Turkish Criminal Code (Law No 5237), there is a general provision regarding negligent homicide which can be a legal basis for prosecution, depending on the specifics of the case.
2. What is the specific offence that can be used to prosecute corporate m...»
The scope of protection of well-known trade marks has been important yet controversial in Turkey, both in the period before the adoption of the Decree Law No. 556 Pertaining to the Protection of Trade marks of 24.06.1995 (‘Decree Law No. 556’) and with the Industrial Property Act No. 6769 (‘the IP Act’) adopted by the Turkish Parliament, published in the Official Gazette and entered into force on 19 January 2017.2 The definition of well-known trade marks, dete...»
Ever since Turkey became a member to European Patent Convention (EPC), the enforcement or invalidity of the Turkish validation of a European Patent (EP), while proceedings before European Patent Office (EPO) are pending, has been a hot topic.
The owner of a EP is normally concerned with if and how the pending opposition/appeal proceedings before the EPO impacts the enforceability or validity of the national patent validated in Turkey.
The strength of a patent may seem questio...»
FICPI-Turkey arranged its second roundtable meeting on the Article 155 of the Industrial Property Code no. 6769 (hereinafter referred to as “IP Code”), which is; a patent, trademark or design right holder cannot allege its registered rights as a defense in an infringement action filed by a prior right holder. This article has become a consolidated article for patents, trademarks and designs with the entrance into force of the IP Code on January 10, 2017, while it used to be a...»
One of the two IP courts of Istanbul rejected a crucial precautionary injunction (PI) demand of a owner on the ground that the demand requires a full trial due to the pending invalidation action against the relevant patent.
The patent subject of the PI demand is disclosing use of an active pharmaceutical ingredient (API) for the treatment of certain conditions of a disease. As per the summaries of product characteristics (SmPCs) of the defendant’s drug, the infringement of th...»
1 Relevant Authorities and Legislation
1.1 What is the relevant trade mark authority in your jurisdiction?
Trade marks have to be registered before the Turkish Patent and Trade Mark Office (“TURKPATENT”) according to Article 3/1(a) of the Law Pertaining to Establishment and Duty Principles of the Turkish Patent and Trade Mark Office.
1.2 What is the relevant trade mark legislation in your jurisdiction?
The Industrial Property Code numbered 6769 (“IPC”), which unit...»