Legal framework and sources of law

In Turkey, patents and design rights are governed by the IP Law, which came into effect on January 10, 2017. This law harmonises Turkey’s IP legislation with international standards and consolidates previous laws on patents, trademarks, designs, and geographical indications. Turkey is also a signatory to several international treaties, including the Paris Convention, the PCT, the European Patent Convention (EPC), and the TRIPS Agreement, which further shape the protection of IP rights in the country.

Patents

Definition and requirements

A patent in Turkey grants its owner the exclusive right to prevent others from manufacturing, using, selling, or importing the patented product or process without consent for a period of 20 years from the filing date, as stipulated in Article 85/2 of the IP Law. To qualify for patent protection, an invention must meet three key criteria:

• Novelty: the invention must not be part of the state of the art, meaning it has not been made available to the public anywhere in the world before the filing date.
• Inventive step: the invention must not be obvious to a person skilled in the relevant technical field.
• Industrial applicability: the invention must be capable of being made or used in any kind of industry.

Certain subjects are explicitly excluded from patentability under Article 82/2 and Article 82/3 of the IP Law. These include discoveries, scientific theories, mathematical methods, schemes, rules and methods for performing mental acts, playing games, or doing business, computer programs as such, aesthetic creations and artistic works, and presentations of information. Inventions that violate public order or morality, methods of treatment for humans or animals, and plant or animal varieties are also not patentable.

Application and registration process

The TPTO is the authority responsible for patent applications and registrations. Applicants must submit an application form requesting the grant of a patent, along with a detailed description of the invention, claims defining the scope of protection, an abstract summarising the invention, technical drawings if necessary, and proof of payment of the application fee.

The application process involves several steps. Initially, upon submission of the required documents, the TPTO assigns a filing date and conducts a formal examination to ensure compliance with procedural requirements. The application is then published in the Official Patent Bulletin 18 months after the filing date, unless an earlier publication is requested.

Within 12 months from the filing date, the applicant must request a search report. The TPTO conducts a search to assess the novelty and inventive step of the invention. Following the search report, the applicant has three months to request a substantive examination, during which the TPTO evaluates the patentability criteria in depth. If the application satisfies all requirements, the TPTO grants the patent. If deficiencies are found, the applicant is given opportunities to amend the application. Third parties may file a post-grant opposition within six months of the publication of the grant decision.

Duration and maintenance

Patents are valid for 20 years from the filing date. To maintain the patent, annual fees must be paid starting from the third year. If the fees are not paid on time, there is a six-month grace period during which fees can be paid with a surcharge.

Licensing and assignment

Patent rights can be assigned or licensed to third parties. Assignments and exclusive licences must be in writing and registered with the TPTO to be effective against third parties. Licensing agreements should clearly define the scope, duration, and territorial extent of the licence.

Enforcement

Patent infringement actions are brought before specialised IP courts located in Istanbul, Ankara, and Izmir. Remedies available to patent owners include injunctions to prevent or stop infringement, compensation for damages suffered due to infringement, seizure and destruction of infringing products and related materials, and the publication of the court’s decision at the infringer’s expense.

Defences in patent infringement cases may include challenging the validity of the patent, arguing non-infringement by demonstrating that the accused product or process does not fall within the scope of the patent claims, invoking prior use rights if the defendant used the invention before the filing date, and claiming experimental use exceptions for acts done for experimental purposes.

Design rights

Definition and requirements

Design rights protect the visual appearance of the whole or a part of a product resulting from features such as lines, contours, colours, shape, texture, or materials, as defined in Article 55 of the IP Law. For a design to be eligible for protection, it must be both novel and possess individual character. Novelty means that no identical design has been made available to the public before the filing date. Individual character requires that the overall impression the design produces on an informed user differs from any existing design.

Certain designs are excluded from protection, including those dictated solely by a product’s technical function, designs contrary to public order or morality, and designs incorporating protected emblems or symbols without authorisation.

Application and registration process

Applications for design registration are submitted to the TPTO. Required documents include an application form containing applicant and designer details, representations of the design through clear images or drawings, a description if necessary, and proof of payment. The TPTO conducts a formal examination to check compliance with procedural requirements and assess whether the design complies with public order and morality.

The design is published in the Official Design Bulletin unless the applicant requests a deferment of up to 30 months. Third parties have the opportunity to oppose the registration within three months of publication on grounds such as lack of novelty or individual character, unauthorised use of certain symbols, or infringement of other IP rights.

Duration and maintenance

Registered designs are protected for five years from the filing date and can be renewed in five-year increments up to a maximum of 25 years. Renewal fees must be paid before the expiry of each term. Failure to pay renewal fees results in the lapse of the design right.

Licensing and assignment

Design rights can be assigned or licensed to others. Written agreements are required for assignments and licences, and while registration with the TPTO is not mandatory, it is advisable to record such transactions to ensure enforceability against third parties.

Enforcement

Design infringement cases are handled by specialised IP courts. Remedies include injunctions to prevent infringement, compensation for damages, seizure and destruction of infringing products, and publication of the judgment. Defences may involve challenging the validity of the design due to lack of novelty or individual character, asserting non-infringement, or claiming exceptions for private, non-commercial use.

Legal framework and sources of law

Trademarks in Turkey are regulated by the IP Law. Turkey is a party to international agreements that influence its trademark law, including the Paris Convention, the Madrid Protocol, the Nice Agreement, the Vienna Agreement, and the TRIPS Agreement.

Definition and requirements

A trademark is any sign capable of distinguishing the goods or services of one enterprise from those of others and that can be represented on the register, as per Article 4 of the IP Law. This includes words, personal names, designs, letters, numerals, colours, sounds, and three-dimensional shapes, or any combination thereof.

For a trademark to be registered, it must not fall under absolute grounds for refusal, such as lacking distinctiveness, being descriptive, being deceptive, or consisting exclusively of signs or indications that have become customary in current language or in the bona fide and established practices of the trade.

Application and registration process

Applications are filed with the TPTO and must include an application form with the applicant’s details, a clear representation of the mark, a list of goods or services classified according to the Nice Classification, and proof of payment of the required fees.

The TPTO first conducts a formal examination to ensure all procedural requirements are met. A substantive examination follows, where the TPTO assesses whether any absolute grounds for refusal apply. If the application passes these examinations, it is published in the Trademark Bulletin. Third parties have two months from the publication date to file oppositions based on relative grounds, such as prior rights or likelihood of confusion.

If no opposition is filed or after opposition proceedings conclude in favour of the applicant, the trademark is registered. The entire registration process typically takes around 12 to 18 months.

Duration and maintenance

Trademark registrations are valid for 10 years from the filing date and can be renewed indefinitely for successive 10-year periods. Renewal applications should be filed within six months before the expiry date. There is an additional six-month grace period after expiry during which the trademark can still be renewed upon payment of a surcharge.

Licensing and assignment

Trademarks can be assigned or licensed in whole or in part for some or all of the goods or services. Assignments must be in writing and recorded with the TPTO to be effective against third parties. Licensing agreements must also be in writing, and recordal with the TPTO is advisable for enforcement against third parties. 

Enforcement

Trademark infringement actions are brought before specialised IP courts. Acts constituting infringement include unauthorised use of an identical or similar sign for identical or similar goods or services, leading to a likelihood of confusion, and use of a well-known trademark without due cause, taking unfair advantage of or causing detriment to its distinctive character or repute.

Remedies available to trademark owners include injunctions to prevent infringement, compensation for damages, seizure and destruction of infringing goods, and publication of the court’s decision. Defences may involve challenging the validity of the trademark, arguing non-infringement, claiming exhaustion of rights after the trademarked goods have been placed on the market, asserting fair use exceptions and non-use of the trademark by the claimant.

Unregistered trademarks

While unregistered trademarks may receive some protection under unfair competition laws, enforcement against infringement is significantly more challenging. Well-known trademarks, even if unregistered, may be protected under the Paris Convention.

Legal framework and sources of law

Copyright in Turkey is protected under the Law No. 5846 on Intellectual and Artistic Works (“Copyright Law”). Turkey is a member of the Berne Convention, the Rome Convention, and the TRIPS Agreement, which influence its copyright legislation.

Protected works

The Copyright Law protects a wide range of works, including literary works (such as books, articles, and computer programs), musical works, works of fine art (including paintings, sculptures, and architectural works), cinematographic works, photographic works, and scientific works.

Requirements for protection

For a work to be protected by copyright, it must be an original intellectual creation bearing the personal characteristics of its author. Protection is automatic upon the work’s creation; no registration or formalities are required.

Duration of protection

The duration of copyright protection for natural persons is the life of the author plus 70 years after death. For works published by legal entities, protection lasts for 70 years from the date of publication.

Moral rights

Authors possess moral rights that are inalienable and perpetual. These rights include the right to claim authorship of the work (right of paternity), the right to prevent any distortion, mutilation, or other modification of the work that would harm the author’s honour or reputation (right of integrity), the right to decide when and how the work is made public (right of disclosure), and the right to withdraw the work from the market under certain conditions.

Economic rights

Economic rights grant the author exclusive control over the reproduction, distribution, adaptation, public performance, and communication of the work to the public.

Enforcement

Copyright infringement actions can be brought before civil or criminal courts. Remedies include injunctions to prevent or stop infringement, compensation for damages, seizure and destruction of infringing copies, and publication of the judgment. Defences may involve fair use exceptions, such as quotation for educational or scientific purposes, private copying for personal use, use in educational settings, the work being in the public domain after the expiry of the protection term, or authorised use with the copyright holder’s consent.

While registration is not required for copyright protection, voluntary registration is possible through the General Directorate of Copyright under the Ministry of Culture and Tourism, primarily for evidentiary purposes.

Legal framework and sources of law

Trade dress, referring to the visual appearance of a product or its packaging that signifies the source of the product to consumers, is protected under the unfair competition provisions of the Turkish Commercial Code (TCC), specifically Articles 54–63. Trade dress can also be protected under trademark law if it is registered as a trademark under the IP Law.

Requirements

To be protectable, trade dress must be distinctive, meaning it is capable of distinguishing the goods or services of one enterprise from those of others. It must also be non-functional; functional aspects necessary for the use or purpose of the product are not eligible for protection.

Enforcement

Actions against trade dress infringement are brought before civil or commercial courts. Remedies include injunctions to prevent further infringement, compensation for damages, corrective measures such as rectification of misleading impressions, and seizure and destruction of infringing goods. Defences may involve arguing that the trade dress is functional, lacks distinctiveness, or that the use falls under descriptive or nominative fair use exceptions.

Legal framework and sources of law

While the right of publicity is not explicitly defined in Turkish law, it is protected under several legal provisions. The Turkish Civil Code (Articles 23–25) safeguards personal rights, including the right to one’s image and name. The Constitution (Article 17) ensures personal inviolability and the protection of the corporeal and spiritual existence of individuals. Unfair competition provisions under the TCC may also apply when unauthorised use of a person’s identity creates a misleading impression or unfair advantage.

Unauthorised use

Using a person’s name, image, likeness, or other personal attributes for commercial purposes without their consent constitutes a violation of their personal rights.

Enforcement

Individuals can bring claims before civil courts to seek remedies such as injunctions to prevent unauthorised use, compensation for moral and material damages, and publication of the judgment. Defences may include demonstrating that consent was obtained, the use is justified by public interest considerations, or it falls under freedom of expression rights.

Legal framework and sources of law

Trade secrets are protected under various legal provisions in Turkey, including the unfair competition provisions of the Turkish Commercial Code (TCC), Article 239 of the Turkish Penal Code, which criminalises the unauthorised disclosure of trade secrets, and the Turkish Code of Obligations, which addresses contractual obligations and liabilities.

Definition

Trade secrets encompass information that is not publicly known or readily accessible, has commercial value because it is secret, and is subject to reasonable measures by its holder to keep it secret.

Protection measures

Businesses often protect trade secrets through confidentiality agreements, non-compete clauses in employment contracts, and implementing internal security protocols to limit access to sensitive information.

Enforcement

Legal actions for misappropriation of trade secrets can be civil or criminal. Remedies include injunctions to prevent further disclosure or use, compensation for damages suffered, and criminal penalties such as imprisonment and fines for the unauthorised acquisition, use, or disclosure of trade secrets.

Defences

Defences against claims of trade secret misappropriation may involve proving that the information was obtained independently, is publicly available, or that there was consent or authorisation to use the information.

Legal framework and sources of law

Moral rights are protected under the Copyright Law. These rights are inherent to the author and cannot be transferred or waived.

Attributes

The moral rights include:

• Right of paternity: the right to claim authorship of the work.
• Right of integrity: the right to object to any distortion, mutilation, or modification of the work that would harm the author’s reputation.
• Right of disclosure: the right to decide when and how the work is made public.
• Right of withdrawal: under certain conditions, the right to withdraw the work from the public domain.

Duration

Moral rights last during the author’s lifetime and are enforceable by the author’s heirs for 70 years after death.

Enforcement

Claims for infringement of moral rights are brought before civil courts. Remedies include injunctions to prevent or stop the infringing act, moral damages for harm suffered, and corrective measures such as rectification of the violation.

IP assignments and licensing

IP rights in Turkey, including patents, trademarks, designs, and copyrights, can be assigned or licensed to others. Assignments must be in writing and registered with the relevant authorities, such as the TPTO, to be effective against third parties. Licensing agreements can be exclusive or non-exclusive and should clearly define the rights and obligations of the parties. Registration of licences is advisable to ensure enforceability.

Works made for hire

In employment relationships, unless otherwise agreed, the employer generally owns the economic rights to works created by employees in the course of their duties. The employee retains moral rights, which cannot be transferred. For commissioned works, the parties should have a clear agreement outlining the ownership of IP rights.

Non-compete agreements

Non-compete clauses are regulated by the Turkish Code of Obligations. Such agreements must be reasonable in terms of scope, duration (typically not exceeding two years), and geographic area. Courts have the discretion to limit or invalidate non-compete clauses that are overly restrictive or place an excessive burden on the employee.

Dispute resolution

IP disputes are primarily handled by specialised IP courts located in major cities like Istanbul, Ankara, and Izmir. Mediation has become mandatory in certain civil disputes, including commercial cases where compensation is sought, as a prerequisite before filing a lawsuit. 

Alternative dispute resolution

While arbitration and mediation are available for resolving IP disputes, they are less commonly used compared to litigation in courts. Arbitration clauses should be carefully drafted to ensure that they encompass IP disputes.

Online infringement

Law No. 5651 on the Regulation of Publications on the Internet provides mechanisms for content removal in cases of online infringement. Rights holders can issue notices to hosting providers and request the removal of infringing content. If the provider does not comply, a court order can be obtained to enforce the takedown.

Data protection

The Personal Data Protection Law No. 6698 may impact IP rights involving personal data, particularly in cases where the enforcement of IP rights involves processing personal data. Compliance with data protection regulations is essential to avoid legal issues.