TÜRKIYE Law and Practice Contributed by: Korcan Dericioğlu, Gonca Adalı Başmakcı, Ekin Karakuş Öcal and Önder Erol Ünsal, Ankara Patent
1. Trade Mark and Copyright Law 1.1 Governing Law In Türkiye trade marks are governed by Law No 6769 on Industrial Property (the “IP Law”). Copy - rights are governed by Law No 5846 on Intel - lectual and Artistic Works (the “Copyright Law”). Unregistered trade marks can also constitute grounds for refusal or invalidity in the event of oppositions or lawsuits. However, for a success - ful request, the opposing party or the invalidity applicant has to prove the active use of their unregistered trade mark in Türkiye. 1.2 Conventions and Treaties/Rights of Foreign IP Holders Türkiye is party to the following international treaties and conventions in the field of trade marks: • the Nice Agreement; • the Trademark Law Treaty; • the Paris Convention; and • the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. Türkiye is party to the following international treaties and conventions in the field of copy - rights: • the Vienna Agreement; • the Madrid Protocol; • the Berne Convention; • the Rome Convention; • the World Intellectual Property Organization (WIPO) Copyright Treaty; • the WIPO Performances and Phonograms Treaty; and • the TRIPS Agreement.
Trade mark and copyright protection under the related Turkish laws do not impose any limita - tion with regard to the nationality of the rights- holder. Once the protection is granted, foreign trade mark and copyright holders benefit from the same level of protection and enjoy the same rights as rights-holders who are Turkish nation - als.
2. Trade Mark Ownership, Protection and Rights 2.1 Types of Trade Marks
In Türkiye, the IP Law provides protection of the rights relating to trade marks, geographi - cal indications, designs, patents, utility models, and traditional products. In order to register any geographical indication or industrial design, it is necessary to file separate applications from trade marks. According to the IP Law, any signs such as words (including personal names), figures, col - ours, letters, numbers, sounds, motions, and the shape of goods or their packaging that are capable of distinguishing the goods or services of one undertaking from those of another could be registered as a trade mark. If the applica - tion has been filed for collective or guarantee trade marks, technical specifications should be added. There are also special protected signs, which can be evaluated under three main headings, as follows. • well-known trade marks – signs that are pro - tected under Article 6bis of Paris Convention are defined as such. • WIPO protection – signs serving a guarantee and control function that are sent to the Turk -
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