Overview of the Legal Framework

Turkey’s IP system is mainly based on the following core legislation:

• Industrial Property Code — Industrial Property Code, Law No. 6769, in force since 2017;

• Copyright Law — Law No. 5846 on Intellectual and Artistic Works, as amended (most recently in 2022);

• Unfair Competition — provisions in the Turkish Commercial Code, Law No. 6102.

Competent authority:

• TÜRKPATENT (Turkish Patent and Trademark Office).

Turkey is a contracting state of WIPO, EPO, the PCT, the Madrid System, the Hague System, the Paris Convention and TRIPS, and is also a member of the European Patent Convention (EPC).

International Cooperation and Regional Integration

• Turkey is a member of WIPO, EPO, the PCT, the Madrid System, the Hague System, TRIPS and the Paris Convention;

• National registration systems are interoperable with EPO, EUIPO and WIPO databases and tools;

• Turkey has adopted the national strategy “IP Strategy of Turkey 2023–2030” to promote digitalisation and international recognition of IP rights;

• TÜRKPATENT cooperates with JPO, KIPO, EPO and others through PPH (Patent Prosecution Highway) and examination cooperation projects.

Trademark System

Filing Routes

• National applications may be filed directly with TÜRKPATENT for protection in Turkey;

• International registrations can designate Turkey via the Madrid System (Madrid Protocol) (Turkey has been a member since 1999).

Classification

• Turkey applies the Nice Classification;

• Multi-class applications are permitted.

Examination Procedure

• Formal examination: approximately 1–2 months;

• Substantive examination: approximately 4–6 months;

• Opposition period: third parties may file oppositions within 2 months from the publication date.

Use and Renewal

• Registration term: 10 years from the filing date, renewable indefinitely for further 10-year periods;

• Non-use for 5 consecutive years may result in revocation.

Examination Features

• Examination language is Turkish;

• Substantive examination focuses on distinctiveness, likelihood of confusion and earlier conflicting rights;

• Collective marks and certification marks are available.

Patent System

Types of Protection and Term

• Patent: 20 years from the filing date;

• Utility model: 10 years from the filing date.

Examination Mechanism

• Patents are subject to a substantive examination system;

• The request for substantive examination must be filed within 7 years from the filing date;

• Average examination time is approximately 2–4 years.

International Routes

• Turkey is a PCT contracting state (since 1996): PCT applications may enter the Turkish national phase;

• Turkey is a member of the EPC (since 2000): patents granted by the EPO automatically take effect in Turkey upon validation.

Key Features

• Examination language is Turkish;

• First-to-file principle applies;

• Patents must be maintained by paying annual renewal fees;

• Stricter examination practice is applied in pharmaceutical, biotechnology and chemical fields;

• Turkey participates in PPH programmes, enabling accelerated examination based on work products from partner offices such as the EPO.

Industrial Design Protection

Legal Basis

• Industrial Property Code — Law No. 6769, Chapter 4.

Scope of Protection

• The appearance of a product, including shape, colours, ornamentation, lines and surface features;

• Applicable to industrial and handicraft products.

Term of Protection

• 5 years from the registration date, renewable four times for 5 years each, up to a maximum of 25 years.

Examination Procedure

• Examination period: approximately 6–9 months;

• Examination language is Turkish;

• Formal examination only; creativity and individual character are not assessed in depth at the registration stage.

Key Features

• One registration provides protection throughout Turkey;

• Multiple designs can be combined in a single application, subject to unity requirements;

• Turkey is a member of the Hague System (Hague Agreement), allowing international design registrations designating Turkey.