As many readers know, the Industrial Property Code (IP Code) no 6769 came into force in Turkey on 10th January 2017, replacing the Decree-Laws pertaining to the protection of trade marks, patents, geographical indications and designs in a single code. The new Code applies to all applications on or after 10th January 2017.
GI/TSG protection
The IP Code granted protection to traditional specialities guaranteed (TSGs), in addition to geographical indications. Names that have been used traditionally at least for 30 years can be accepted as TSGs. A new division at the Turkish Patent and Trademark Office (TPTO) is launched for GIs/TSGs.
The costly process to publish GI applications in the National Official Gazette has ended because now the TPTO has a separate Official Bulletin to publish GIs/TSGs; the first issue was published on 15th March 2017.
The opposition period is shortened from six months to three months. Oppositions to TPTO refusal decisions and third party oppositions to a published GI/TSG will be examined by the TPTO Appeal Board.
As of 10th January 2018, an emblem will be put on products or packages in addition to registered GIs/TSGs. Use of the emblem for TSGs is not obligatory whereas it is for GIs. A process to design the emblem is pending. Illegal use of emblem will constitute infringement.
Registrants of GIs can now include groups of manufacturers, public institutions or professional organisations, associations, foundations and cooperatives. If there is only one manufacturer of a product, that manufacturer can obtain registration too by proving it.
Additional provisions
In addition to general requirements, the following should be proven by foreign applicants: the subject GI/TSG has to be protected in the country of origin or in the International Union, the necessary control conditions should be provided in the country of origin, the country of origin should give equal protection to Turkish GIs/TSGs.
Upon request, the TPTO may grant time to applicants twice to complete missing information/documents, but lack of the applicant’s identity in the application form will cause automatic refusal.
The TPTO has right to obtain opinions from institutions for evaluation of technical information stated in the application. Fees for institutions will be paid by TPTO.
If there are changes in registered specialties of a GI/TSG, all beneficiaries can claim changes in registration. Those changes can be opposed by third parties within three months of publication. If no one opposes or if the oppositions are refused, changes should be applied within one year of the publication date.
With the IP Code, it is possible to change the registrant/applicant of a GI/TSG if it is determined by a court or by the TPTO or if the applicant/registrant informs that requirements to control cannot be fulfilled or that the applicant/registrant had no right to obtain registration. It is also possible the registrant/applicant and the one who is eligible to obtain the registration signs an agreement, providing it to TPTO to change the ownership.
Use will be controlled by an authority whose eligibility is approved by the TPTO. Once in a year the authority is obliged to submit a report to the TPTO.
Infringement
If a rightful user of a GI determines infringement, he can request, via a notary public, that the GI registrant takes necessary legal steps against the infringer within three months. If no action is taken, then the user can do so by informing the registrant of the initiation of the case. If there is a serious risk of harm, the user can claim an injunction from the Court without being bound by the three-month period.
We believe all these changes start a new era in Turkey’s GI/TSG system and it will be exciting to observe how it will evolve!
For more information on Turkey’s new IP Code, see the article on the Brands & Marketing Team page.
Ozlem Futman is founding partner of Ofo Ventura in Istanbul and a member of the GI Team.
Issue 075
