BUSINESS BRIEF: TURKEY
BUSINESS BRIEF: TURKEY Patents
How do you register or secure patent rights, and is national or international coverage most appropriate?
Te current law governing patent practice in Turkey is Decree-Law No. 551 pertaining to the protection of utility models and patent rights in Turkey, which has been in force since June, 1995. To secure a patent, applicants can apply to the Turkish Patent Office and in order to protect an invention under patent law, the invention must be novel, advance the state of the art and be industrially applicable.
What are the costs for obtaining and defending a patent?
Patent grant procedure costs may vary depending on the time and effort put into the application process. However, the average patent attorney’s fee is approximately €4,500, to which the official patent office fees will be added (approximately €300). Renewal costs increase throughout the life of the patent and range between €60 and €740.
Litigation costs in Turkey are low. First, the claimant will pay basic charges of approximately €300 to €350 when a suit is filed. During the trial, there are fixed charges and expertise costs, but they are low when compared to those of other European countries. Te cost for one expert is approximately 1,000 Turkish lira (€450). Tere are normally three experts on the expert panel, and the judge will usually refer to it three times before the final award, depending on the complexity of the case. Te total cost for a typical patent infringement lawsuit ranges between €100 and €1,500.
Where can you find information on existing patents in your jurisdiction?
Information on existing patents is available on the website of the Turkish Patent Office at
www.tpe.
gov.tr. Tere is also an English language option. Jurisprudence including patents may be found in online databases such as
www.kazanci.com.
Is there anything unusual about the patent law that companies should be aware of?
According to the current patent system, there are two different systems for granting patents: one for granting patents without substantive examination, and one for granting patents with substantive examination. Protection of patents with substantive examination is granted for 20 years; protection for patents without substantive examination is granted for seven years. According to the new draſt patent law, the system granting patents without substantive examination is to be abolished.
What are the key threats to patent owners, and what is the best strategy if you suspect
someone is infringing your patent? Patent holders have the right to file a suit against the infringer according to Art. 136 of the decree-law, according to which without the consent of the patent holder, the following are considered infringement:
• Imitating by producing in whole, or in part of, a product;
• Selling, distributing or commercialising in any other way, or importing for such purposes of products, or keeping them in possession for commercial purposes, or using by applying such products, manufactured as a result of an infringement, where the person concerned knows, or should know, that such products are imitations in whole, or in part;
• Using the patented process or selling, distributing or commercialising in any other way or importing for such purpose; and/or
• Enlarging the scope of the rights granted by the patent holder on the basis of a contractual licence.
Besides the possibility of a civil lawsuit, a criminal action against the infringer is another option for the patent holder. A criminal lawsuit, regulated by Art. 73/A of the decree-law, has a very deterrent effect due to the penalties and fines rendered by the criminal court.
142 World Intellectual Property Review Annual 2012
Have there been any changes to the patent law(s) in the last 12 months?
No.
Trademarks How do you register or secure trademark rights, and what protection does it grant?
A trademark can be registered, provided that is capable of distinguishing the goods and services of undertakings. An application for registration of a trademark shall be filed to the Turkish Patent Office. Trademark is registered for a period of 10 years from the date of filing of the application. Registration may renewed for further periods of 10 years.
What are the costs registering and defending a trademark?
Te registration fee is €60 for each designated class. Te registration fees shall depend upon the number of selected classes. Renewal fee of the trademark is €250. Litigation costs in Turkey are not expensive, and the total amount of the litigation shall not exceed €5,000 to €10,000.
What are the key threats to trademark owners and what is the best strategy for dealing with infringement?
Te key threats to a trademark are use of the same, or a confusingly similar, trademark without the consent of the proprietor, and selling, distributing, importing, exporting and also using counterfeited items. Te best strategy for dealing with infringement is filing a suit against the infringer. In this context, the trademark holder may pursue a civil (Art. 60 of the decree-law) or a criminal (Art. 61/A of the decree-law) lawsuit. However, a criminal lawsuit has more of a deterrent effect due to the penalties and fines rendered by the criminal court.
Have there been any changes to the trademarks law(s) in the last 12 months?
No.
www.worldipreview.com
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