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Geographical Indications

The geographical sign is an industrial property right describing a product originated from any region or attributable to any region due to its quality, reputation or other characteristics and rights attributed thereto protects not only a manufacturer who applies for the registration of a geographical sign but also all those people manufacturing under same conditions.

Turkey provides protection for particular natural, agricultural, mining and industrial products and handicrafts under geographical signs as “Designations of Origin (DO)” or “Geographical Indications (GI)” with Decree-Law No: 555 and its implementing regulations for the last two decades.

The Turkish Patent Institute located in Ankara
For “Designations of Origin”, the quality or characteristics of the product should be essentially or exclusively due to the inherent natural and human factors of that geographical area and the production, processing and preparation of the product should take place within the geographical area.

For “Geographical Indications”, a specific quality, reputation or other characteristics of the product should be attributable to that geographical area and at least one of the activities of the production, processing or preparation of the product should take place within the geographical area.
  • Any natural or legal persons who are the genuine manufacturers of the product which is the subject to the geographical sign, 
  • Consumers union or governmental units dealing with the geographical location in question.
  • A petition for application
  • If the geographical sign is symbolized by a logo, the representation of the logo
  • The original receipt evidencing the payment of the application fee
  • Description of the product and where deemed necessary technical data and documents clarifying the physical, chemical, microbiological and such other properties of the product.
  • Information on production techniques and conditions and particular production techniques, if any.
  • Data/ documents and maps which clearly define the boundaries of the region, location or district
  • The documents evidencing the properties of the product regarding the claimed designation of origin or geographical indication
  • Information detailing the labeling, marking and means of using the registered designation of origin or geographical indication 
  • Data which clearly explain the inspection procedures in detail
  • Examination
  • Completing the missing formal information and documents
  • Checking the application with an expert impartial organization
  • Publication in National Official Gazette, 2 highly circulated newspapers, 1 local newspaper 
  • 6 months duration for the objections 
  • If no objection, registration 
  • If objection comes, reports from expert organizations are asked and decided accordingly

An inspection commission should be specified in the records of the registered geographical sign. The said commission is made up of the producers or the processors of the said product and is required to have

  • sufficient number and qualified staff
  • equipment and resources to inspect
  •  
    - the production,
    - marketing,
    - medium of use of registered designation of origin or geographical indication and
    - labeling details of the product bearing the protected geographical sign

For inspection purposes, co-operation with the experts and impartial organizations/ institutions is possible.

Persons entitled to file an application for a geographical sign and those entitled to use a protected geographical sign shall have the right to prevent third parties from engaging in the following:

  • direct or indirect commercial use of a registered name in connection with goods that are similar or comparable to the registered goods, or any use of the name that would exploit its reputation;
  • any use as a word of a name denoting a real geographical place in a manner that conveys a false impression of origin, or use of the name in translation or accompanied by expressions such as "style," "type," "method," "as produced in" or other similar qualifying terms;
  • any use of false or misleading information as to the origin, nature or essential qualities of the product on its packaging, or in advertising material or documents relating to the product;
  • any packaging of the product in a container that is liable to convey a false impression as to its origin, or any other practice liable to mislead the public.
Destek Patent has extensive experience and expertise in GIs and DOs protection. For your inquiries, please just contact us through global@destekpatent.com.tr.


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