In January 2004, Turkey passed a law protecting breeders’ rights in new varieties of plants for 25 years after registration, or 30 years for trees, vines and potatoes. The said Law no. 5042 had been prepared and adopted in accordance with Directive2100/94/EC, 1768/95/EC and UPOV Convention of 1991. The implementing regulations for the law were published in August 2004.

Turkey is a party of

• UPOV Convention (1991 Act), the international convention for the protection of new varieties of plants (17.03.2007)

Authorized Offices 

• General Directorate of Protection & Control (KORGEM) depending on Ministry of Agriculture & Rural Affairs is responsible.
• Directorate of Seeds Registration & Certification (TTSM) is responsible for technical examination issues of the new varieties.
• Following bodies are also in charge (1) Commission for Examination of Applications and (2) Breeders’ Right Registration Committee. 

Registrability Criteria 

• The plant varieties to be protected should be novel, distinct, uniform and stable
• It should be included in the national list of plant varieties allowed for Turkey.
• The law provides a grace/disclosure period of one year in Turkey, four years abroad and six years for trees and vines from the first commercial use.

Denomination Rules 

• A denomination of the protected variety becomes its common name,
• Suggested denomination for variety can not be against trademark legislation,
• If denomination is registered and used in Turkey or in a country that is a party to UPOV Convention, the application is made and used with the same denomination,
• Propagating material of the protected variety also has to be traded with the same denomination,
• The obligation of using a denomination continues even if the breeder’s right ends.
• The suggested denomination for variety has to be different from other varieties,
• The denomination should not contain expressions contrary to public order and common morality,
• Previous rights of third persons about the use of protected variety are reserved,
• The suggested denomination for variety has not to be same or similar as the name of the other varieties belonging same or similar species

Protection Period

• 25 years from the grant of the right for ornamentals, vegetables, field crops.
• 30 years for trees, vines and potatoes.
• Priority term: 1 year.

Application Stages

One all the filing requirements are fulfilled, All PBR applications shall be published for 3 months after the completion of formal requirements and reachable via KORGEM website (in Turkish). Providing no inconvenience on the technical examination stage, a Breeder’s Right certificate will be issued and shall be published in the bulletin within 30 days from the date of grant.

Technical examination / DUS tests
It is not carried out for the applications provided that DUS tests had been already completed by a PBR Office in a member state of UPOV Convention. Then Turkish authorized office will ask it from that PBR Office and the applicant is invited therefrom to pay an official transmission fee beforehand by avoiding a further technical examination stage in Turkey. 

Oppositions

Any interested party may oppose to the application within three months following the publication of the application on the Bulletin. Objections shall be lodged, in writing, with a petition, associated with evidences and documents in support of objection lodged, on the grounds that the variety is not new, not uniform and not stable, or the applicant is not entitled as holder or the variety denomination is not suitable. Furthermore, a granted application during the one month period of its publication. Decision of the Appeal board is final and may only be appealed before the Turkish IP court.

 

Cost of an application: basically depends on the type of plant variety applied, technical examinations, translation and charging policy of the representative as well as any opposition from third parties during publication. Please contact us to receive a cost estimate within 24 hours at most. In Destek Patent, almost all trademark work is performed on a flat fee basis. Subsequent to filing an application, there will be no further cost to you until a crucial stage is to be taken with the Turkish Patent Institute, for example, an office action response, an opposition received or registration fee request.

 

 

Annuities

The protection period for new varieties of plants is for 25 years after registration, or 30 years for trees, vines and potatoes from the grant of the right. Ending date of protection period shall be calculated as to run from the end of the calendar year. Annual fees shall be paid in advance in January for each year after the grant of the right. No late payment is available. In such a case, with the holder of right bringing evidence of force majeure for reasons of which the said fee could not be paid, the right shall be revalidated. The claim related to force majeure shall be put forward within six months as from the related publication in the bulletin.

 

 

Status Changes (Assignment, Merger, Name/Address Changes)
Assignments and mergers should be recorded in the Institute in order to have an effect  vis-à-vis third parties. Besides, it is important for foreign right owners to note that the Courts will issue a notice of invitation directly to the registered address, i.e. in case a trademark cancellation lawsuit basing on non-use is filed thereagainst.