Turkish Intellectual Property Law

Turkish intellectual property (IP) law plays a pivotal role in safeguarding innovations, brands, and creative works, particularly in economic hubs like Istanbul. This survey note provides a detailed examination of the legal framework, recent developments, and expert services available, focusing on Istanbul and Turkey. It incorporates the expertise of Kalem Law Office, led by Enes Nergiz (Bar No: 6281), and addresses the needs of both local and international clients, including foreign nationals and EEA citizens.

Legal Framework and Key Legislation

Turkish IP law is governed by a robust set of regulations designed to protect creative and commercial assets. The primary laws include:

 

Law	Description
Industrial Property Law 6769	Enacted in 2017, regulates patents, trademarks, designs, and geographical indications, aligning with international standards .
Intellectual and Artistic Works Law 5846	Protects copyrights for literary and artistic works, offering automatic protection upon creation.
Turkish Commercial Code 6102	Addresses unfair competition, providing additional IP protection, particularly for trade secrets.

Turkey’s participation in international treaties, such as the Paris Convention, Madrid Protocol, Berne Convention, and European Patent Convention, facilitates foreign IP protection in Turkey. This alignment is crucial for EEA citizens and other foreign entities seeking to secure IP rights, enhancing accessibility through mechanisms like the Madrid Protocol for trademark registration and the European Patent Convention for patent applications.

Types of Intellectual Property and Protection Processes

Turkey recognizes various IP rights, each with specific registration and protection processes managed by the Turkish Patent and Trademark Office (TURKPATENT):

• Patents: Under Turkish patent law, patents grant exclusive rights for 20 years, requiring novelty, inventiveness, and industrial applicability. The process for patent registration in Turkey involves filing detailed applications, often supported by a patent attorney in Istanbul to navigate complexities.
• Trademarks: Trademarks protect brand identities, with registration handled by TURKPATENT. The process includes a search for distinctiveness, publication for opposition, and potential trademark opposition in Turkey. Recent changes, effective January 10, 2024, transferred trademark cancellation authority from courts to TURKPATENT, simplifying non-use cancellations and other grounds, as noted in Saba IP and Lexology. This reform aims to streamline processes, making them quicker and more cost-effective, particularly for foreign rights holders.
• Copyrights: Copyright protection in Turkey is automatic upon creation, but registration enhances legal standing, especially in litigation. The Intellectual and Artistic Works Law 5846 ensures protection for literary and artistic works, with optional registration for added security.
• Industrial Designs: Turkish design rights protect product aesthetics, with design registration in Turkey offering up to 25 years of protection, renewable every five years. This is crucial for industries like fashion and technology in Istanbul.
• Trade Secrets: Protected under the Turkish Commercial Code, trade secrets in Turkey do not require registration but demand confidentiality measures to prevent misappropriation, a key concern for businesses in competitive sectors.

The registration processes vary, with patents and designs requiring detailed examinations, while trademarks involve publication for opposition, allowing a two-month window for trademark opposition in Turkey. Foreign applicants benefit from international treaties, simplifying cross-border IP protection.

Enforcement and Litigation

IP infringement in Turkey is addressed through specialized IP courts in Istanbul, Ankara, and Izmir. Remedies include preliminary injunctions, damages, and seizure of infringing goods, with time limits of 10 years for patent infringements and 5 years for trademarks (no limit for bad faith infringements). The transfer of trademark cancellation to TURKPATENT, effective January 2024, has streamlined administrative processes, reducing court backlogs and enhancing efficiency, as evidenced by recent legal analyses

Challenges in IP Protection

Despite advancements, Turkey faces challenges in IP enforcement, listed on the U.S. Trade Representative’s Special 301 Watch List for issues related to counterfeiting and piracy, especially in fashion and electronics. Proactive monitoring and swift legal action are essential, with Kalem Law Office providing strategic advice to mitigate these risks. The firm’s expertise in IP litigation in Turkey ensures robust defense against infringements, addressing the complexities of local and international IP law.

Istanbul’s Role as an IP Hub

Istanbul’s economic diversity and international workforce position it as a central hub for IP activities. The city hosts specialized IP courts, facilitating efficient resolution of disputes. Kalem Law Office, as an IP law firm in Istanbul, offers tailored services for local businesses and foreign investors, leveraging its multilingual capabilities (English, German, Russian) to cater to a global clientele, including EEA citizens seeking IP protection under the European Patent Convention.

 

Expert Services by Kalem Law Office

Led by Enes Nergiz (Bar No: 6281), Kalem Law Office Istanbul provides comprehensive IP services, including:

• Patent and Trademark Registration: Assisting with patent registration in Turkey and trademark registration in Turkey, ensuring compliance with TURKPATENT requirements.
• IP Litigation: Representing clients in IP courts in Istanbul for infringement cases, seeking injunctions and damages.
• Strategic Counseling: Developing IP portfolios and licensing strategies, particularly for foreign IP protection in Turkey.

The firm’s contact details—Hacet Mahallesi, Adliye Caddesi, Göret Apartman D:13, Kat:3, No:5, Alanya/Antalya; email: [email protected]; phone: +90 553 417 2313—ensure accessibility for clients seeking expert guidance.

Frequently Asked Questions

To address common queries, we include:

• How Long Does Trademark Registration Take in Turkey? Typically, about a year, including examination and publication, with our trademark attorney in Istanbul expediting where possible.
• Can Foreign Companies Register IP in Turkey? Yes, facilitated by treaties like the Madrid Protocol and European Patent Convention, with our firm assisting foreign clients.
• What Remedies Are Available for IP Infringement in Turkey? Remedies include injunctions, damages, and destruction of infringing goods, managed by our IP litigation experts.

Conclusion

Protecting intellectual property in Turkey, especially in Istanbul, requires a deep understanding of local and international laws. Kalem Law Office Istanbul, with Enes Nergiz’s leadership, offers unparalleled expertise in Turkish intellectual property law, ensuring robust protection for patents, trademarks, and copyrights. From registration to enforcement, we are your trusted partner in safeguarding your innovations and brands.