Industrial Property Draft Law Accepted at the General Assembly of the Turkish Grand National Assembly

Regulations made by Decree Laws regarding industrial property rights are gathered under a single roof with the Industrial Property Law adopted at the General Assembly of the Turkish Grand National Assembly.

The Industrial Property Draft Law, consisting of 199 articles, six of which are provisional, was accepted in the General Assembly after three days of negotiations and became law.

The law aims to protect the rights of trademarks, geographical indications, designs, patents, utility models and traditional product names, thereby contributing to technological, economic and social progress.

The name of the Turkish Patent Institute is changed to the Turkish Patent and Trademark Office. The short name of the institution is also arranged as “TÜRKPATENT”.

The law has qualities that will be a turning point for the functioning of the industrial property system in our country. With the law, the industrial property system has gained a very strong structure, especially legally, and is placed on a solid legal basis.

With the law, patents without examination are removed in order to increase the quality of patents. Again, a review is brought to the utility model application aimed at increasing the quality. The legal basis is being strengthened in order to quickly conclude cases related to violations.

It contains important regulations regarding the right ownership of university inventions to facilitate the commercialization of patents and to ensure efficient use of resources. In university inventions, right ownership is given to higher education institutions and at least one third of the income from the invention is given to the inventor.

With the regulations made for the effective use of Registered Trademarks, those who have registered trademarks will have to really brand in a certain period of time to protect their registrations.

The registration periods have been accelerated by shortening the advertisement periods in designs and geographical indications, and the process has been simplified. In order to increase the quality of designs, innovation examination is brought to the design registration. Measures are taken to activate the functionality of the inspection system in geographical indications.