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IP Topics & ArticlesNew Turkish Industrial Property Law


The first Industrial Property Law in the history of the Republic, is now at the agenda of General Assembly of the Parliament. Turkey has been managing the protection of the industrial property rights, specifically patents, trademarks and industrial designs, by the Decree Laws since 1995.

The draft law for patents, trademarks and industrial designs is currently in the Parliament. It is expected to be enacted till the end of May 2016. This law brings many reforms, which secure this field of the commercial life in our country, and creates a much more qualified structure for the industrial property rights.

By the new law, the proceedings will be simplified and shortened, people will be incentivized to obtain patents for inventions and to be engaged in R&D and Innovation works. One of the most important amendments brought by the Law will be the legal sanctions which are more rapidly enforceable in respect of the infringements of the patents and industrial designs by determining the minimum standards. The heavy punishments will be mandatory against the trademark counterfeits.

Anyone may have 40-50 trademarks, which are not put into use duly. The Turkish Patent Institute may have the right to cancel the trademarks not used throughout 7 years. Thus, the trademark squatters will be prevented. By the Law, it will be possible to manufacture equivalent parts in the automotive industry. The spare part manufacturers will be able to produce and sell spare parts provided that they are accredited. Thus, the spare parts in the market are expected to go cheaper.

The new law fights against the counterfeited products. The counterfeited products will not remain unpunished any longer. The counterfeiters may be punished up to 1 to 3 years, without any possibility of conversion into fine. Also, the procedures for the destruction of the counterfeited products will be faster. The publication period for industrial designs will be reduced from 6 months to 3 months and registration of the trademarks will reduce from 1 year to 4 months.

Not only will the proceedings be shorter by the law, but the income distribution by the registration also will be more balanced. The inventions performed in the universities will any longer pertain to the universities but not to the academics and lecturers, whereas the income will be shared. The acquired income will be divided into three shares and distributed as: at least one-third to the inventing academics, one-third to Technology Development Office, namely Technocity, and one-third to the University Presidency. In this way, the academics can have income by their inventions and be motivated for R&D. Also, the employees and the university academics can also acquire incomes by licensing of the rights. Similarly, the employees will be incentivised for the R&D works. The employees can also acquire incomes from the inventions and designs made in the factories if they have contributions. For this purpose, assessment committees, to be established in the factories, will decide how much share to be granted to the employees. Thus, both academics and employees will be motivated for R&D. By the enactment of the new Law, considerable increases are estimated for the applications for patents, trademarks and designs will increase much.

Turkish Patent Institute, established in 1994, will be renamed into “Turkish Patent and Trademark Office” and will have a stronger structure. The Turkish Patent Institute, sole authority representing our country abroad in this field, may become an office of higher recognition in the international arena.

Finally, the present draft law for industrial property comprises disciplinary provisions for the profession of trademark and patent attorneyship and prescribe a disciplinary board for implementing sanctions against the attorneys not acting in compliance with the rules. The committee will be constituted of 7 members.

Consequently, the industrial property system will have more effective practices in protecting the patents, trademarks and designs in the commercial law thanks to the strong Office, effective law, conveniently-working agents, intellectual and industrial property courts for fair trial.

Yours sincerely,
Destek Patent, Inc.


Kemal YAMANKARADENİZ
Senior Partner

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