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BUSINESS BRIEF: TURKEY


BUSINESS BRIEF: TURKEY Patents


How do you register or secure patent rights, and is national or international coverage most appropriate?


In order to register and secure patent rights in Turkey, right holders should file an application at the Turkish Patent Institute (TPI) which is located in Ankara. Te written application shall comprise a description of


the subject matter


of the invention, a claim or claims covering the elements of the invention for which the protection is sought, the drawings referred to in the description, an abstract and a receipt attesting payment of


the application fee.


Inventions that are novel, go beyond the state of the art and applicable into industry are entitled to be protected under the Decree-Law No.551 on the Protection of Patent Rights in Turkey.


What are the costs for obtaining a patent, and what are the costs of defending it?


Te average cost for obtaining a patent is approximately €300 which includes only the official patent office fees and not the attorney’s fees. Concerning renewal costs, the fees vary depending on the life period of the patent, for instance the renewal fee for the second year starts from €75 and reach €750 for the 20th year.


Litigation costs in Turkey are not high either. Te total cost that the claimant should pay to defend its rights before the courts range between €1,000 and €1,500.


Where can you find information on existing patents in your jurisdiction?


Information on existing patents can be found in Turkish and in English on the TPI website (www. tpe.gov.tr). On the site, you can find whether the patents have been granted or are being cancelled. Moreover, information on finalised patent cases can be found on the site of the Supreme Court of Appeal (www.yargitay.gov.tr), which is free of


charge, and on online databases such as www. kazanci.com. It has to be noted that there is no information related to ongoing patent cases.


Is there anything unusual about the patent law that companies should be aware of? What are the most common mistakes businesses make?


An unusual thing concerning the Turkish patent system compared to other countries is that there are two different systems for granting patents in Turkey: patents without substantive examination and patents with substantive examination. While a patent with examination provide full protection based on the examination report which shows patentability of


the application (novelty,


invention step, industrial applicability) to the right holders for 20 years, a patent without examination provides a relatively


limited


protection period: seven years. But as noted below, this provision is to be abolished by the draft law on patent protection.


What are the key threats to patent owners, and what is the best strategy if you suspect


someone is infringing your patent? Patent infringement is a key threat to patent owners. Te first step might be to send a cease and desist letter to the infringer before taking legal action. In case of non-result, patent holders can file a suit according to Article 136 of the Decree-Law No.551. Besides a civil lawsuit possibility, a criminal action against the infringer is another option for the patent holder.


Trademarks


How do you register or secure trademark rights and what protection does it grant? Trademark rights can be registered by filing an application at


the TPI. Registration gives the


owner the exclusive right to use the mark for the goods and services that it covers for a period of 10 years which may be renewed. Tere isn’t any


134 World Intellectual Property Review Annual 2013


time limitation to the trademark protection as long as it is renewed every 10 years.


On the other side, unregistered marks are also protected under certain circumstances in Turkish law. Consequently,


an unregistered


trademark owner has the possibility to oppose an application or claim invalidity of an identical or similar trademark. Also, unauthorised use of an unregistered trademark is evaluated according to unfair competition rules.


What are the costs for registering a trademark, and what are the costs of defending it?


Registration of one class trademark in a


straightforward case costs around €300, without attorney fees. For each additional class €65 should be added. While litigation costs are not high in Turkey, attorneys’ fee may vary depending on the complexity of


the case. Moreover, the


losing party may be ordered to compensate the procedural costs aside from the damages.


What are the key threats to trademark owners, and what is the best strategy for dealing with infringement?


Key threats to trademark owners in Turkey are importation and sale of counterfeit goods and use of the same or confusingly similar trademarks. Te best strategy to deal for these kinds of infringements is to send a warning letter in the first place, and in case of non-result, to initiate a civil and criminal law suit. In addition, custom intervention is also a measure to detect and eliminate the counterfeiting goods.


What are the most common mistakes trademark owners make?


As awareness of the importance of IP rights has developed in Turkey, trademark owners fail in a great number of areas. However, the most common mistake that Turkish trademark owners make is that


they neglect to register www.worldipreview.com


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