Turkey Patent Overview
Industrial Property Law numbered 6769 ("IP Law") has come into force after being published in the official gazette on January 10, 2017 and numbered 29944. Turkey is a member of the Patent Cooperation Treaty (PCT) and the European Patent Convention.
Once an application for the grant of a patent is filed, it is examined with respect to compliance with the formalities and patentability provided for under the patent law including novelty, inventiveness (state-of-the-art) and industrial application. The Institute examines the compliance of the application to the formal requirements. Should the examination results reveal that the application suffers formal deficiencies, or that the invention is not subject to patent protection, the examination procedure is suspended and the applicant is requested to remedy the deficiencies or to notify the Institute his objections within the period set forth in the regulations.
Standard patent protection in Turkey lasts for 20 years. Generic launch can only occur once all the patents on the originator brand have expired. These may include both product and process patents. In addition to the patent protection term, Turkey do not allow any other tools for compensating manufacturers for the period between the filing of a patent application for a new medicinal product and authorization to place it on the market.
Turkey Trademark Overview
Trademark registration is based on the Nice Classification in Turkey. Classes 1 to 34 are for goods and classes 35 to 45 are for services. When applying for a trademark, special goods or services may be included in the relevant class. Trademark application must be filed in true Nice Classes.
Once a trademark application is filed, it is examined as to its registrability. Upon examination, if the Trademark Registrar rejects the mark, an appeal maybe submitted within 2 months from the date of rejection. Once a trademark application is accepted by the Registrar, it is published in the Official Gazette.
Any interested party may file a notice of opposition to the registration of the mark within three months from the publication date.
Trademark examination by the Office. ( 1-3 months )
Publication in the Official Trademark Bulletin. ( 2 months )
Trademark registration certificate. ( 2 months )
A smooth registration process takes between 4-7 months in Turkey.
The term of protection for a registered trademark is 10 years from the date of application. This term may be renewed an unlimited number of times.