Patent/IP in Turkey
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Intellectual Property in Turkey
Intellectual Property, or IP, as it is colloquially called, is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.
Generally speaking, patents are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.
To qualify for a patent, an inventor must invariably create something that is:
- Of patentable matter
- Unique to patentee
- Merited and can be utilised
Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing, and could be subjected to legal action. Patents are granted protection of twenty years. Utility models are patentable for ten years.
No courts exist to administer patent disputes. Non-residents must be represented by patent attorneys listed in the Turkish Patent Institute (TPI) Register. To register for a patent, it must be done through the TPI and then the General Directorate of Foreign Investments (GDFI). Foreign investors are advised to delegate resident representatives. It can take anything 2 and 20 years to obtain a patent.
Trademarks are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.
Famous examples of trademarks are Coca Cola and McDonald's.
Trademarks are renewable every 10 years. Trademarks that are inactive for five years periods afetr registration are liable to cancellation.
To register trademarks apply to the TPI. The process takes roughly one month and invariably presents difficulties.
Copyright gives someone to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement, and persons doing so could be subject to legal action.Registration Office
Eidgenossisches Institut fur Gestiges Eigentum
Hipodrom Caddesi No. 115
Turkey Tel: +90 312 303 1000
Fax: +90 312 303 1173
Website: www.turkpatent.gov.tr Â
Organisations that can assist with Patent/IP
OZBEK CPA is an independent certified public accounting and consulting firm founded in 2002 and based in Istanbul, Turkey. We specialize in providing a wide range of services to small, medium and large sized companies looking to strengthen and expand their presence in Turkey.