Turkey announced the adoption of Law No. 6769 on the Protection of Industrial Property Rights; the new Law was passed before the Grand National of Assembly on December 22, 2016 and entered into force on the date of publication in the official gazette on January 10, 2017. It repeals and replaces the Decree Laws on Patents and Utility Models, on Trademark and Service marks, on Industrial Designs, and on Geographical Indications. The new law stipulates the restructuring of the internal organization of the Turkish Patent Institute that was aptly renamed the Turkish Patent and Trademark Office.

The main changes in the Law includes the acceptance of co-existence agreements and letters of consent, thereby enabling the applicants to overcome relative grounds rejection with the prior right owner’s approval. With respect to oppositions, the Law makes a clear distinction between well-known trademarks registered in Turkey and those which are not, thus; the owner of an unregistered well-known trademark will, therefore, be able to oppose applications for a mark identical or similar to a well-known trademark. Furthermore, the Law stipulates that if the owner of the opposed application can claim that the opposing party has not used its trademark for more than five years without a justified reason after its registration date and in case of this defense, the Turkish Patent and Trademark Office will request the opposing party to provide substantial evidence regarding the use of the trademark. If they are not provided, the opposition will be rejected.

An increase in the official fees for IP matters have also been announced. The increase also applies to EP Validation, search and examination, and the annuity maintenance fees for patents and utility models. Until the implementation regulation of the new laws are issued we expect further developments and shall update you accordingly.