(a) Inventions (e.g. patents, supplementary protection certificates, rights in trade secrets, confidential information and/or know-how);
In Turkey, inventions are primarily protected under the Industrial Property Code No. 6769 (“IPC”).

Patents are available for inventions that are novel, involve an inventive step and are industrially applicable. Patent protection is granted for a maximum term of 20 years from the filing date, subject to the payment of annual renewal fees.

Turkey does not provide for supplementary protection certificates (SPCs) or equivalent patent term extensions for pharmaceutical or plant protection products.

Utility models are available for inventions that are novel and industrially applicable, although inventive step is not required. Utility models are protected for a non-renewable term of 10 years from the filing date.

Trade secrets, confidential information and know-how are not protected through a dedicated registration system. Protection is afforded through a combination of contractual arrangements (such as confidentiality agreements), general provisions of the Turkish Code of Obligations, unfair competition provisions under the Turkish Commercial Code, and, where applicable, criminal sanctions relating to the unlawful disclosure or acquisition of confidential business information.

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);

Trademarks are protected under the IPC through registration before the Turkish Patent and Trademark Office (“TPTO”). Protection is granted for 10 years from the filing date and may be renewed indefinitely for successive 10-year periods.

Turkey recognises various types of trade marks, including:

• Individual trade marks;
• Collective marks; and
• Guarantee (certification) marks.

Although Turkish law does not recognise the common law tort of passing off, protection against unauthorised use of signs and misleading commercial practices may be obtained through the unfair competition provisions of the Turkish Commercial Code, as well as under trade mark law.

The IPC also provides protection for geographical indications and traditional product names. Geographical indications are further divided into:

• Designations of origin; and
• Geographical indications indicating source.

These rights protect products whose qualities, reputation or other characteristics are linked to a particular geographical area.

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and/or know-how).
Copyright is governed by the Law on Intellectual and Artistic Works No. 5846. Protection arises automatically upon creation and does not require registration. Copyright protects literary, artistic, musical, scientific and cinematographic works, as well as computer software, provided that the work satisfies the originality requirement.

Industrial designs are protected under the IPC. Registered designs are protected for an initial period of five years from the filing date and may be renewed for successive five-year periods up to a maximum term of 25 years.

Integrated circuit topographies are protected under the Law on the Protection of Integrated Circuit Topographies No. 5147. Protection is generally available for 10 years, subject to the statutory conditions.

Plant varieties are protected under the Law on the Protection of Breeders’ Rights for New Plant Varieties No. 5042. Protection is granted to breeders of new, distinct, uniform and stable plant varieties.

Turkey does not recognise a standalone sui generis database right equivalent to that provided under EU law. However, databases may be protected under copyright law if they satisfy the originality threshold applicable to compilations and databases.

Trade secrets, confidential information and know-how are protected through contractual arrangements and general legal principles, including unfair competition rules, rather than through a specific registered intellectual property right.

The duration of intellectual property rights in Turkey varies depending on the type of right concerned.

• Patents and Utility Models

Patents are protected for a maximum term of 20 years from the filing date, subject to the payment of annual renewal fees. Utility models are protected for 10 years from the filing date and cannot be renewed beyond this period.

Turkish law does not provide for supplementary protection certificates (SPCs) or comparable patent term extensions for pharmaceutical products, plant protection products or other regulated products.

• TradeMarks

Registered marks are protected for 10 years from the filing date. Protection may be renewed indefinitely for successive 10-year periods upon payment of the prescribed renewal fees.

• Industrial Designs

Registered designs are protected for an initial period of five years from the filing date and may be renewed for successive five-year periods up to a maximum term of 25 years.

• Copyright

Economic rights in copyrighted works generally subsist for the lifetime of the author plus 70 years following the author’s death. Where the author is a legal entity, or where the work is first lawfully made available to the public without identification of the author, protection generally lasts for 70 years from the date on which the work is made public, subject to the specific provisions of the Law on Intellectual and Artistic Works.

Moral rights are protected separately and are generally not subject to the same limitations applicable to economic rights.

• Integrated Circuit Topographies

Protection for integrated circuit topographies generally lasts for 10 years from the relevant commencement date specified under the Law on the Protection of Integrated Circuit Topographies.

• Plant Varieties

Breeders’ rights are generally protected for 25 years from registration. For certain categories of plants, including trees, vines and potatoes, protection extends to 30 years from registration.

• Geographical Indications and Traditional Product Names

Protection for geographical indications and traditional product names is not subject to a fixed term and remains in force indefinitely, provided that the statutory conditions for protection continue to be satisfied.

• Trade Secrets, Confidential Information and Know-How

Trade secrets, confidential information and know-how are not protected for a predetermined statutory term. Protection continues for as long as the information remains confidential and retains commercial value as a result of that confidentiality.

The initial ownership of intellectual property rights in Turkey depends on the nature of the right and the circumstances in which it is created.

a) Patents and Utility Models

As a general rule, the inventor is the initial owner of the right to obtain a patent or utility model.

Where an invention is made by an employee in the course of employment, special provisions under the Industrial Property Code apply. In the case of a service invention, the employer may claim ownership of the invention by notifying the employee accordingly. Upon a valid claim of ownership, the rights pass to the employer, while the employee remains entitled to be identified as the inventor and may be entitled to remuneration in accordance with the applicable statutory framework.

For inventions created by independent contractors or consultants, ownership is determined primarily by the relevant contractual arrangements.

b) Trademarks

The first owner of a trade mark is the person or legal entity in whose name the trade mark application is filed and subsequently registered.

As trade mark rights arise through registration rather than creation, employment and commissioned-work considerations generally do not raise the same ownership issues as patents or copyright.

c) Industrial Designs

The designer is generally the initial owner of the design right.

However, where a design is created by an employee in the performance of duties arising from the employment relationship, or pursuant to instructions given by the employer, the right to the design generally belongs to the employer unless otherwise agreed.

Ownership of commissioned designs is largely governed by the contractual arrangements between the parties.

d) Copyright

The author of a work is the initial owner of copyright.

However, under the Law on Intellectual and Artistic Works, where a work is created by an employee in the course of employment, the employer is generally deemed entitled to exercise the economic rights over the work, unless otherwise agreed or unless the nature of the work indicates otherwise. Moral rights remain vested in the author.

For commissioned works, copyright ownership does not automatically transfer to the commissioning party. Any transfer or licence of economic rights must comply with the formal requirements prescribed by law, including the requirement that transfers be made in writing and specify the rights transferred.

e) Integrated Circuit Topographies

The creator of the topography is the initial owner. Special rules apply to employee-created topographies, under which rights may vest in the employer where the topography is developed within the scope of employment duties, unless otherwise agreed.

f) Plant Varieties

The breeder is the initial owner of the breeder’s right. Where a variety is developed by an employee within the scope of employment, the right generally belongs to the employer, subject to the provisions of the applicable legislation and any contractual arrangements between the parties.

g) Trade Secrets, Confidential Information and Know-How

Trade secrets, confidential information and know-how are generally controlled by the person or entity that lawfully develops, acquires or maintains them. In commercial practice, information created by employees in the course of their employment is generally considered to belong to the employer, subject to contractual arrangements and the applicable principles of employment and commercial law.

The following intellectual property rights are registered rights in Turkey and require registration before the relevant authority in order to obtain protection:

• Patents
• Utility models
• Trademarks
• Industrial designs
• Geographical indications and traditional product names
• Integrated circuit topographies
• Plant breeders’ rights (plant varieties)

Most of these rights are registered before the Turkish Patent and Trademark Office (TPTO), while plant breeders’ rights are administered by the Ministry of Agriculture and Forestry.

By contrast, copyright arises automatically upon the creation of an eligible work and does not require registration. Although voluntary registration and recordal mechanisms exist for certain purposes, registration is not a condition for copyright protection.

Similarly, trade secrets, confidential information and know-how are not subject to a registration system. Their protection derives from contractual arrangements and general legal principles, including unfair competition rules and confidentiality obligations.

Applications for registered intellectual property rights may generally be filed by natural persons or legal entities, irrespective of nationality, either directly or through an authorised representative. Foreign applicants without a domicile, habitual residence or commercial establishment in Turkey must act through a trademark or patent attorney registered before the Turkish Patent and Trademark Office (TPTO).

The registration procedures vary depending on the type of right concerned:

• Patents and utility models require the filing of an application with the TPTO, followed by formal examination and, in the case of patents, substantive examination regarding patentability requirements. Utility models are granted without substantive examination.
• Trademarks are subject to formal and absolute grounds examination by the TPTO. If accepted, the application is published for opposition and, in the absence of successful objections, proceeds to registration.
• Industrial designs undergo formal examination and publication, followed by an opposition period before registration becomes final.
• Geographical indications and traditional product names are subject to a more extensive examination process, including publication and objection procedures, due to their public-interest nature.
• Integrated circuit topographies are registered upon application and compliance with the statutory requirements.
• Plant breeders’ rights are administered by the Ministry of Agriculture and Forestry and require technical examination to determine distinctness, uniformity and stability of the plant variety.

Once the applicable requirements are satisfied and the prescribed fees are paid, the relevant authority records the right in the corresponding register and issues a registration certificate or equivalent official document.

The duration of registration procedures depends on the type of intellectual property right and the complexity of the examination process.

As a general indication:

• Trademarks: Approximately 6 to 12 months, provided that no opposition or office action arises.
• Industrial designs: Approximately 4 to 8 months, provided that no objection is filed.
• Utility models: Approximately 6 to 12 months.
• Patents: Generally, 2 to 5 years, depending on the examination process, responses to office actions and possible third-party observations.
• Geographical indications and traditional product names: Usually 1 to 3 years, depending on the nature of the application and objections raised.
• Integrated circuit topographies: Typically 12 to 18 months following filing.
• Plant breeders’ rights: Usually 2 to 4 years, as technical testing and field examinations are required.

The above periods may be extended where objections, oppositions, appeals or deficiencies arise during prosecution.

Yes. Turkish intellectual property legislation provides various mechanisms allowing third parties to participate in or comment on registration proceedings.

• For trademarks, any third party may submit observations concerning absolute grounds for refusal after publication of the application. In addition, interested parties may file formal oppositions based on relative grounds within two months from publication.
• For industrial designs, third parties may file oppositions following publication of the design application.
• For patents, third parties may submit observations concerning patentability during the examination process. Following grant, patents may also be challenged through administrative or judicial invalidation proceedings.
• For geographical indications and traditional product names, applications are published and any interested person may file objections during the statutory opposition period.
• Participation rights in respect of plant breeders’ rights and certain other registrable rights are governed by specific legislation and generally include publication and objection mechanisms designed to protect the interests of third parties.

Apart from these formal procedures, third parties whose legitimate interests are affected may challenge registration decisions through administrative appeals and, where applicable, judicial proceedings before the competent courts.

The remedies available to an applicant depend on the type of intellectual property right concerned. In general, decisions of the Turkish Patent and Trademark Office (TPTO) may be challenged before the Re-examination and Evaluation Board within the statutory period, which is generally two months from notification of the decision.

If the Board upholds the refusal, the applicant may bring an action for the annulment of the decision before the competent Intellectual and Industrial Property Rights Civil Court in Ankara within two months from notification of the Board’s decision.

For intellectual property rights administered by authorities other than the TPTO, such as plant breeders’ rights, the applicable administrative and judicial remedies are governed by the relevant legislation.

Accordingly, applicants are generally entitled to seek both administrative review and subsequent judicial review of refusal decisions.

Official fees are reviewed and updated annually by the Turkish Patent and Trademark Office (TPTO) and the relevant authorities. Accordingly, applicants should verify the applicable tariff at the time of filing or renewal. As of 2026, the principal fees are as follows:

Trademarks: The application fee is TRY 2,820 for the first class (and also for the second class), while the renewal fee is TRY 8,730 for registrations covering up to two classes. Additional fees apply for the third and each subsequent class.

Industrial designs: The application fee is TRY 2,070, while the renewal fee for a single design is TRY 6,340. Additional fees apply for multiple-design registrations.

Patents: The filing fee for a national patent application is TRY 620. Additional fees are payable for search, examination, grant and annual maintenance (annuity) procedures throughout the patent term.

Utility models: Filing and maintenance fees are prescribed separately under the annual TPTO tariff and are generally lower than those applicable to patents. Renewal is maintained through the payment of annual fees.

Geographical indications and traditional product names, integrated circuit topographies, and plant breeders’ rights are subject to separate official fee schedules determined by the competent authorities and may vary depending on the nature of the application and the procedures involved.

As official fees are subject to periodic revision, the applicable tariff in force on the filing or renewal date should always be confirmed before any application is submitted.

Failure to pay renewal or maintenance fees within the prescribed time limits may result in the lapse or termination of the relevant intellectual property right.

For trademarks, renewal must be requested within the six months preceding the expiry of the protection period. If the renewal fee is not paid within this period, the trademark may still be renewed during a further six-month grace period, provided that the prescribed surcharge is paid. If renewal is not effected within the grace period, the trademark registration lapses.

For registered designs, renewal may likewise be requested during a statutory grace period following expiry of the protection term upon payment of an additional fee. Failure to renew within the applicable period results in the termination of the design right.

For patents and utility models, annual maintenance (annuity) fees must be paid in order to maintain protection. Such fees may generally be paid within a six-month grace period subject to a surcharge. If the fee remains unpaid, the patent or utility model lapses. However, Turkish law provides a restoration mechanism under certain circumstances, allowing the right holder to request reinstatement within the statutory period and upon payment of the prescribed fees.

Accordingly, while Turkish intellectual property law generally provides grace periods and, in some cases, restoration mechanisms to remedy non-payment, failure to comply with the applicable deadlines ultimately results in the loss of the registered right.

Under Turkish law, patents, utility models, trademarks, industrial designs, integrated circuit topography rights and plant breeders’ rights may generally be assigned to third parties. The assignment must be made by means of a written agreement, and, in practice, assignment documents submitted for recordal are typically executed before a Turkish notary public or before a foreign notary and duly legalised or apostilled, together with a Turkish translation where required.

Copyright is subject to specific rules under the Law on Intellectual and Artistic Works. While moral rights are non-transferable, economic rights may be assigned. Such assignments must be made in writing and the transferred rights must be specified individually; a general assignment of all economic rights is not sufficient. In addition, assignments relating to works not yet created are invalid.

By contrast, geographical indications and traditional product names are not transferable and therefore cannot be assigned.

The assignment of registered industrial property rights does not require consideration and may be effected in respect of all or part of the relevant right, subject to the requirements of the applicable legislation.

For patents, utility models, trademarks, industrial designs, integrated circuit topographies and plant breeders’ rights, the assignment may be recorded in the relevant register upon the request of the parties. Recordal is generally not a validity requirement for the assignment itself, which becomes effective between the parties upon execution of a valid assignment agreement. However, the assignment must be recorded in the relevant register in order to have effect against third parties acting in good faith.

Accordingly, failure to record the assignment does not invalidate the transfer between the assignor and the assignee, but the assignee may be unable to rely on or enforce the acquired rights against bona fide third parties until the assignment has been duly entered in the relevant register.

In the case of copyright, there is no register in which assignments must be recorded for validity or enforceability purposes. The transfer of economic rights is effected through a written agreement satisfying the requirements of the Law on Intellectual and Artistic Works.

Geographical indications and traditional product names are not transferable and therefore no assignment recordal mechanism exists.

Under Turkish law, licence agreements relating to intellectual property rights must generally be made in writing. Licences may be granted on an exclusive or non-exclusive basis and may cover all or part of the relevant rights, subject to the applicable statutory provisions.

Patents, utility models, trademarks, industrial designs and integrated circuit topographies may be licensed by their right holders through a written licence agreement. Unless otherwise agreed, the licensee may not assign the licence or grant a sub-licence to third parties.

For copyright, the author or other right holder may grant a licence in respect of economic rights. Licence agreements must be in writing, and the licensed rights must be individually specified. Moral rights are not transferable and therefore cannot be licensed in the same manner as economic rights.

Plant breeders’ rights may also be licensed pursuant to the applicable legislation governing plant variety protection.

Trade secrets, confidential information and know-how may be licensed contractually under the general principles of Turkish contract law. As these rights are not subject to a registration system, their protection and exploitation primarily depend on the terms of the relevant agreement, including confidentiality obligations and restrictions on use and disclosure.

Geographical indications and traditional product names are not generally licensed in the same manner as proprietary intellectual property rights, as their use is governed by the relevant product specification and regulatory framework rather than by private licensing arrangements.

Under Turkish law, licence agreements relating to patents, utility models, trademarks, industrial designs and integrated circuit topographies may be recorded in the relevant register maintained by the Turkish Patent and Trademark Office. However, such recordal is not a validity requirement, and an unrecorded licence remains valid and enforceable between the licensor and the licensee.

The principal consequence of failing to record a licence is that the licence cannot be asserted against third parties acting in good faith. Accordingly, recordal is generally recommended in order to ensure that the licensee’s rights are protected vis-à-vis third parties and are reflected in the relevant public register.

There is no general requirement to register copyright licences. Copyright licences become effective upon execution of a valid written agreement satisfying the requirements of the Law on Intellectual and Artistic Works.

Similarly, licences relating to trade secrets, confidential information and know-how are governed by contract and are not subject to any registration system.

Geographical indications and traditional product names are not generally licensed as proprietary intellectual property rights, and therefore no licence recordal mechanism comparable to those applicable to industrial property rights exists.

Yes. Under Turkish law, the enforcement rights of licensees differ depending on whether the licence is exclusive or non-exclusive, unless otherwise agreed by the parties.

An exclusive licensee may, in principle, exercise all rights necessary for the enforcement of the licensed intellectual property right, including the right to initiate infringement proceedings in its own name, unless the licence agreement provides otherwise.

By contrast, a non-exclusive licensee is not entitled to bring infringement proceedings independently. If the right holder fails to take the necessary action within a reasonable period after being requested to do so, the non-exclusive licensee may, subject to the conditions set out in the applicable legislation, initiate proceedings in its own name in order to protect its interests.

In addition, both exclusive and non-exclusive licensees may request interim measures or join infringement proceedings to seek compensation for their own damages where their legitimate interests are affected.

Accordingly, exclusive licensees generally enjoy broader enforcement rights than non-exclusive licensees, particularly with respect to commencing infringement actions independently of the right holder.

Criminal sanctions are available in Turkey primarily in relation to registered trademark rights. Under the Industrial Property Code No. 6769, certain acts of trademark infringement constitute criminal offences, including the manufacture, sale, distribution, import, export, possession, transportation or storage of goods, or the provision of services, through the unauthorised use of an identical or confusingly similar trademark.

Such acts are punishable by imprisonment from one to three years and a judicial fine.

The unauthorised removal of a trademark protection sign from goods or packaging, as well as the unauthorised assignment, licensing or pledging of another person’s trademark rights, are also subject to criminal penalties.

Criminal liability for trademark infringement is available only where the trademark is registered in Turkey, and criminal investigations and prosecutions are initiated upon the filing of a criminal complaint by the rights holder. In practice, trademark owners frequently combine criminal complaints with requests for search-and-seizure measures against counterfeit goods.

By contrast, Turkish law does not generally provide equivalent criminal sanctions for the infringement of patents, utility models, industrial designs, geographical indications, integrated circuit topographies or plant breeders’ rights. Infringements of such rights are principally addressed through civil proceedings and, where applicable, customs enforcement mechanisms.

Intellectual property rights may be enforced in Turkey through a combination of civil, administrative and, in certain cases, criminal proceedings, depending on the nature of the right concerned. In addition, alternative dispute resolution mechanisms may be available for disputes arising from contractual relationships.

The principal enforcement mechanism is civil litigation before the specialised Intellectual and Industrial Property Rights Courts. Right holders may seek, among other remedies, the determination and cessation of infringement, prevention of imminent infringement, seizure and destruction of infringing goods, compensation for damages, publication of the judgment and preliminary injunctions. These remedies are generally available in respect of trademarks, patents, utility models, industrial designs, copyrights, geographical indications and other protectable intellectual property rights.

Certain disputes may also be pursued before the Turkish Patent and Trademark Office (TPTO). For example, trademark, patent, utility model, design and geographical indication registrations may be challenged through opposition, appeal, revocation or invalidation proceedings to the extent permitted under the applicable legislation. Decisions of the TPTO may subsequently be challenged before the competent courts.

In addition, customs enforcement measures are available for various intellectual property rights. Upon application by the right holder, or in certain cases ex officio, customs authorities may suspend the release of suspected infringing goods and detain them pending further legal action.

Alternative dispute resolution mechanisms, including mediation and arbitration, may be used for disputes concerning contractual matters such as licence agreements, assignments and coexistence arrangements. However, matters involving the validity, revocation or invalidation of registered intellectual property rights generally fall within the exclusive jurisdiction of the competent authorities and courts and are therefore not suitable for final determination through arbitration.

For trademark and copyright infringements, right holders may also pursue criminal enforcement by filing a criminal complaint where the statutory conditions are satisfied.

The duration of intellectual property enforcement proceedings in Turkey depends on the nature and complexity of the dispute.

As a general rule, civil proceedings before the specialised Intellectual and Industrial Property Rights Courts are concluded within approximately 18 to 24 months at first instance, while appeals may extend the overall duration to 2 to 4 years. Preliminary injunction proceedings are considerably faster and may be concluded within days or months, depending on the circumstances of the case.

The costs of enforcement proceedings consist primarily of official court fees, expert fees, notification expenses and other litigation costs prescribed by law.

In addition, parties typically incur legal fees, the amount of which is agreed separately between the client and its legal representatives. The unsuccessful party is generally ordered to bear the official litigation costs and statutory attorney fees, although such recovery does not necessarily cover all expenses actually incurred by the successful party.

Intellectual property disputes in Turkey are heard by the specialised Intellectual and Industrial Property Rights Civil Courts and, where criminal sanctions are available, by the specialised Intellectual and Industrial Property Rights Criminal Courts. In provinces where no specialised IP court exists, designated civil or criminal courts of first instance have jurisdiction.

Proceedings are commenced by filing a statement of claim setting out the factual and legal grounds of the action, the supporting evidence and the relief sought. Civil proceedings are conducted primarily in writing and follow the stages of petition exchange, preliminary examination, evidence collection, expert examination (where necessary) and judgment. There is no jury system. Expert evidence plays a particularly important role in patent, utility model and design disputes.

First-instance proceedings generally take approximately 18 to 24 months, although technically complex cases may require a longer period. Available remedies include preliminary and permanent injunctions, cessation and prevention of infringement, seizure and destruction of infringing goods, damages, publication of the judgment and other corrective measures.

Judgments may be appealed to the Regional Court of Appeal, and, subject to the applicable statutory thresholds, a further appeal may be brought before the Court of Cassation. Appeals must generally be filed within two weeks of notification of the reasoned decision. The appellate process typically adds a further 2 to 3 years to the overall duration of the proceedings.

Turkey provides a comprehensive customs border enforcement regime for intellectual property rights. Right holders may file an application with the Turkish Customs Administration requesting the suspension of customs procedures or the detention of goods suspected of infringing intellectual property rights. Such applications may be submitted electronically and may cover trademarks, patents, utility models, industrial designs, geographical indications, copyrights, integrated circuit topographies and other protected intellectual property rights.

Upon a valid application, customs authorities may detain suspected infringing goods or suspend their release. Customs authorities may also act ex officio where there are reasonable grounds to suspect an infringement. In such cases, the right holder must submit a customs application within three working days in order for the detention to continue.

Following detention, the right holder is generally required to obtain a court order and initiate the necessary legal proceedings within ten working days (three working days for perishable goods), subject to limited extensions. Turkish law also provides for a simplified destruction procedure under certain circumstances, allowing infringing goods to be destroyed without a final court judgment where the applicable conditions are met.

As a result of these measures, suspected infringing goods may be prevented from entering or leaving the Turkish customs territory, including importation, exportation, re-exportation and release into free circulation.

As a general rule, non-court enforcement mechanisms are not mandatory for intellectual property disputes in Turkey. Rights holders may directly initiate infringement, invalidation or other IP-related court proceedings before the competent courts.

However, mandatory mediation applies to certain IP-related disputes involving monetary claims. Pursuant to Article 5/A of the Turkish Commercial Code and the Law on Mediation in Civil Disputes, parties must first apply to mediation before commencing court proceedings for commercial claims seeking the payment of a specific amount of money, including compensation claims arising from intellectual property infringement. A lawsuit filed without complying with this requirement will be dismissed on procedural grounds.

By contrast, mediation is generally not mandatory for non-monetary IP disputes, such as actions seeking injunctions, determination of infringement, invalidation or revocation of registered rights, or the annulment of decisions of the Turkish Patent and Trademark Office.

Arbitration and voluntary mediation are also available for IP-related contractual disputes, such as licence, assignment and coexistence agreements, provided that the subject matter is capable of settlement by the parties.

However, disputes concerning the validity or cancellation of registered intellectual property rights remain within the exclusive jurisdiction of the competent courts and administrative authorities.

Intellectual property disputes in Turkey may be settled through amicable negotiations, mediation, arbitration and court settlements. Parties are free to reach a settlement agreement either before or during legal proceedings, and Turkish courts actively encourage settlement throughout the course of litigation.

Mediation is widely used in intellectual property disputes and is mandatory for certain commercial claims involving the payment of money, such as damages arising from intellectual property infringement. Settlement agreements reached through mediation may be rendered enforceable in accordance with the applicable procedural rules.

Arbitration is available for disputes that the parties may freely dispose of, particularly those arising out of licence agreements, assignments, coexistence agreements and other contractual arrangements. However, disputes concerning the validity, revocation or invalidation of registered intellectual property rights generally remain within the exclusive jurisdiction of the competent courts and administrative authorities.

In practice, many intellectual property disputes are resolved through negotiated settlements, often involving undertakings to cease use, transfer or withdrawal of applications and registrations, coexistence arrangements, licence agreements, domain name transfers or compensation payments.

The requirements for establishing infringement depend on the intellectual property right concerned. In general, the claimant must prove the existence of a valid and enforceable right and demonstrate that the defendant has engaged in an unauthorised act falling within the scope of protection afforded to that right.

For patents and utility models, infringement generally consists of the unauthorised manufacture, use, sale, offer for sale or importation of the protected invention.

Trademark infringement requires unauthorised use of an identical or similar sign in a manner that infringes the rights conferred by the registration.

Design infringement is assessed by comparing the overall impression created by the protected design and the allegedly infringing product.

Copyright infringement generally arises from the unauthorised reproduction, distribution, adaptation or communication of a protected work.

For geographical indications, infringement typically involves unauthorised or misleading use of the protected indication.

Misappropriation of trade secrets, confidential information and know-how requires proof of unauthorised acquisition, disclosure or use of protected information.

Evidence commonly relied upon includes product samples, packaging, advertisements, website and social media content, invoices, commercial records, customs records, correspondence and witness testimony. In patent and other technically complex disputes, court-appointed expert reports often play a decisive role.

a, Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties’ expert witness evidence?

Intellectual property disputes in Turkey are heard by specialised IP courts whose judges are legally trained and experienced in intellectual property law, but generally do not have a technical or sectoral background.

Accordingly, where the resolution of a dispute requires technical or specialised knowledge, the court may appoint one or more court-appointed experts, either ex officio or upon the request of a party. Expert evidence plays a particularly important role in patent, utility model, design and other technically complex disputes.

The parties may also submit private expert opinions and may comment on or object to court-appointed expert reports. In addition, the parties may propose experts to the court by agreement, although the final decision regarding the appointment of experts remains with the court. Private expert opinions are generally treated as supporting evidence and do not carry the same evidential weight as reports prepared by court-appointed experts.

There is no system of technical judges or juries in Turkish intellectual property litigation. Cases are decided by professional judges, assisted where necessary by expert examinations.

b. What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?

Turkish law does not recognise disclosure or discovery in the common law sense. Instead, the collection of evidence is conducted under the supervision of the court, and each party is generally responsible for producing the evidence on which it relies.

The court may, however, order a party or a third party to produce specific documents relevant to the dispute. Failure to comply may result in adverse procedural consequences.

Turkish law also provides effective mechanisms for the preservation of evidence. A right holder may request a determination of evidence before or during proceedings where there is a risk that evidence may be lost, altered or become difficult to obtain. Such measures may include on-site inspections, expert examinations, document preservation and the collection of witness statements. In urgent cases, evidence may be secured without prior notice to the opposing party.

In addition, courts may take measures to protect confidential information and trade secrets by restricting access to sensitive documents where necessary.

In Turkish intellectual property proceedings, evidence is primarily assessed by the court on the basis of written submissions, documentary evidence and expert reports. In technically complex cases, particularly patent and design disputes, court-appointed expert reports often play a central role in the court’s evaluation of the evidence.

Turkish procedure does not provide for cross-examination in the common law sense. Witnesses and experts may be heard by the court, and the judge may permit the parties or their counsel to put questions to them. However, intellectual property litigation is predominantly document-driven, and witness testimony plays a relatively limited role in practice compared to expert and documentary evidence.

The parties may also challenge expert reports, submit written objections and request supplementary reports or the appointment of a new expert panel where appropriate.

A wide range of procedural and substantive defences may be raised in intellectual property infringement proceedings in Turkey, depending on the nature of the right concerned. Common defences include non-infringement, invalidity of the asserted right, prior user rights, exhaustion of rights, consent, licence or other authorisation, and the expiration of the relevant intellectual property right.

Additional defences may be available in specific circumstances. For example, in trademark disputes, defendants may rely on descriptive or fair use, own-name use, non-use of the asserted trademark, or acquiescence by the right holder. In patent disputes, statutory exceptions such as experimental use and the Bolar exemption may be invoked. Copyright disputes may also be subject to statutory exceptions and limitations, including certain educational, quotation and private-use exceptions.

In practice, one of the most common defences in disputes concerning registered rights is to challenge the validity of the intellectual property right on which the infringement claim is based.

The persons entitled to challenge an intellectual property right depend on the nature of the right and the relevant procedure. As a general rule, persons having a legitimate interest, prior right holders, relevant public authorities and, in certain cases, public prosecutors may challenge the validity or continued existence of intellectual property rights.

For trademarks, invalidation actions may be brought by interested parties, public prosecutors and relevant public institutions and organisations. In addition, any person may oppose a trademark application during the opposition period if the statutory requirements are met.

For patents and utility models, invalidation actions may generally be filed by interested parties, public prosecutors and relevant public institutions and organisations. However, challenges based on entitlement to the invention may only be brought by the inventor or his or her successors in title.

For industrial designs, invalidation actions may generally be brought by interested parties, while certain grounds may only be invoked by the earlier right holder or the person entitled to the design right.

For copyright, challenges concerning ownership, authorship or scope of protection may be brought by persons claiming rights in the work or otherwise having a legal interest. Disputes are resolved by the competent civil courts.

For geographical indications, traditional product names, integrated circuit topographies and plant breeders’ rights, challenges may generally be brought by persons or entities having a legitimate interest, as well as by public authorities where authorised by the applicable legislation.

In administrative proceedings before the Turkish Patent and Trademark Office, oppositions and appeals may generally be filed by persons who are parties to the proceedings or whose interests are adversely affected by the relevant application or decision.

The timing of a challenge depends on the intellectual property right concerned and the nature of the challenge.

In general, intellectual property rights in Turkey may be challenged either during the registration process through opposition procedures or after registration through invalidation, revocation or cancellation proceedings.

For trademarks, third parties may file an opposition within two months of publication of the application in the Official Trademark Bulletin. Following registration, invalidation actions may generally be brought throughout the term of protection, subject to certain statutory limitations and acquiescence rules. Non-use revocation actions may also be filed once the relevant statutory conditions are met.

For patents and utility models, third parties may submit observations during the application process and may challenge the validity of the granted right through invalidation proceedings during the term of protection.

For industrial designs, third parties may oppose a design registration within the statutory opposition period following publication and may subsequently seek invalidation during the term of protection and, in certain cases, for a limited period thereafter.

For copyright, trade secrets, confidential information, know-how and any unregistered rights, challenges typically arise in the context of court proceedings concerning ownership, entitlement, validity or infringement and may be brought whenever a legal interest exists.

For geographical indications, integrated circuit topographies and plant breeders’ rights, challenges may generally be brought during the registration process where applicable and/or throughout the period of protection in accordance with the relevant legislation.

Registered intellectual property rights may generally be challenged before the Turkish Patent and Trademark Office (TPTO) during the registration process through opposition procedures where available. Following registration, the validity of such rights may be challenged before the specialised Intellectual and Industrial Property Rights Civil Courts through invalidation proceedings.

The grounds for invalidity vary depending on the right concerned but generally include the failure to satisfy the statutory requirements for protection. By way of example, trademarks may be challenged on absolute or relative grounds, patents and utility models for lack of patentability requirements, and designs for lack of novelty or individual character. Copyright, trade secret and know-how disputes are not subject to administrative proceedings and are resolved directly by the competent civil courts.

Yes. In addition to invalidation proceedings.

Turkish law provides several mechanisms that may remove or limit the effect of intellectual property rights. These include revocation actions (particularly for trademarks), declarations of non-infringement in patent matters, and compulsory licences for patents in circumstances prescribed by law. Certain intellectual property rights may also be limited by statutory exceptions, prior user rights, exhaustion of rights and other defences recognised under the applicable legislation.

The availability of these mechanisms depends on the nature of the intellectual property right concerned and the specific circumstances of the case.

Turkish law provides a broad range of interim and final remedies for the infringement of intellectual property rights. The most important interim remedy is a preliminary injunction, which may be granted before or during proceedings to prevent imminent infringement, preserve evidence or maintain the status quo.

Final remedies generally include permanent injunctions, cessation and prevention of infringement, seizure, recall and destruction of infringing goods, removal of infringing signs from products, packaging or business materials, compensation for damages, surrender of profits in certain circumstances, publication of the judgment and recovery of legal costs.

In addition, customs measures may be used to prevent the importation or exportation of infringing goods, and criminal sanctions are available for certain intellectual property rights, particularly trademarks and copyright. The specific remedies available depend on the nature of the intellectual property right concerned and the applicable legislation.

The costs of intellectual property enforcement proceedings in Turkey generally consist of official fees and expenses prescribed by law, including court fees, expert fees, notification expenses and enforcement-related costs. In criminal proceedings, no court fees are payable by the complainant, although certain incidental expenses may arise during the proceedings.

In addition, parties typically incur professional fees for legal representation and other advisors. Such fees are not regulated by law and are determined by agreement between the parties and their representatives.

As a general rule, the unsuccessful party may be ordered to reimburse the successful party’s official litigation costs and statutory attorney fees, subject to the court’s assessment. However, the amount recoverable does not necessarily correspond to the actual professional fees incurred.

Turkish law also permits courts, in certain circumstances, to require a claimant, particularly a foreign claimant without a relevant exemption under applicable treaties or reciprocity principles, to provide security for costs and potential damages. The requirement and amount of such security are determined by the court on a case-by-case basis.