Under Turkish law, intellectual property rights are mainly governed by the Industrial Property Code numbered 6769 (“IPC“) and the Law on Intellectual and Artistic Works numbered 5846 (“LIAW“). The following types of IP rights are available to protect inventions, brands, and other creations:

(a) Inventions (e.g. patents, supplementary protection certificates, rights in trade secrets, confidential information and/or know-how);

• Patents: Inventions that are novel, involve an inventive step, and are capable of industrial application.
• Utility models: Inventions that are new and industrially applicable, without the requirement of an inventive step.
• Trade secrets and know-how: Although not registered IP rights, these are protected under the provisions of the Turkish Commercial Code numbered 6102 (“TCC”), the Law on the Protection of Personal Data, and unfair competition provisions of the IPC.
• Supplementary protection certificates (“SPC”): SPCs are not available under Turkish law. Unlike the EU and the US, Türkiye has not adopted such a regime for pharmaceutical products. There is no legal basis for SPCs. Türkiye has stated that SPCs may only be considered upon full EU membership.

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

• Registered trademarks: Including word marks, figurative marks, and other sign types that distinguish goods or services.
• Unregistered trademarks: May be protected under unfair competition rules where the use creates likelihood of confusion.
• Trade names and business names: Protected under the TCC as commercial identifiers.
• Geographical indications and traditional speciality guaranteed products: Protected through separate registration under the IPC.
• Certification and collective marks: Also regulated under the IPC, allowing associations and institutions to ensure product standards and collective ownership.

(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 and neighbouring rights: Under the LIAW, protection covers original literary, scientific and artistic works, including computer software, architectural designs, musical works, cinematographic works, databases (as compilations), and visual/graphic works.
• Design rights: Both registered and unregistered industrial designs are protected under the IPC.
• Integrated Circuit Topography: Protected under the relevant provisions of the IPC.
• Plant Variety Rights: Governed by the Law on the Protection of New Plant Varieties numbered 5042, providing sui generis protection for breeders.
• Databases: Original databases are protected under copyright; non-original databases may be protected under unfair competition provisions or contract law.
• Trade secrets, confidential information, and know-how: Protected through unfair competition, confidentiality obligations and specific provisions under the TCC.

• Patents: Patents are protected for a non-extendable term of 20 years starting from the filing date, subject to the timely payment of annual maintenance fees. If the fees are not paid on time, the right may lapse. However, rights holders may remedy the non-payment by paying the fee with an additional fee within a six-month grace period.
• Utility Models: Utility models are protected for a non-renewable period of 10 years from the filing date. Annual fees must be paid to maintain the right. If unpaid on time, the fee may be settled with an additional fee during a six-month grace period.
• Trademarks: Registered trademarks are protected for 10 years from the filing date and may be renewed indefinitely for successive 10-year terms. Renewal must be requested within the final six months of the protection term. If not renewed in time, the mark may still be renewed within a six-month grace period with an additional fee.
• Designs: Registered designs are protected for an initial term of 5 years from the filing date and may be renewed in five-year increments up to a total of 25 years. The renewal must be filed before the end of each term, and an additional six-month grace period is available for late renewal with an additional fee.
• Unregistered Designs: Unregistered industrial designs are protected under the Industrial Property Code No. 6769, provided that they are first disclosed in Türkiye and meet the requirements of novelty and individual character. This protection arises automatically upon disclosure and applies only against deliberate copying. Independent creation is not considered infringement. While the law does not explicitly set a duration, the protection is understood to last for three years, similar to the EU regime.
• Geographical Indications and Traditional Speciality Guaranteed Products: These rights do not have a fixed protection term.
• Copyrights: Under the LIAW, copyright protection generally lasts for the life of the author plus 70 years. For works created by legal entities or published anonymously, the term is 70 years from the date of first publication. No registration or renewal is required, as protection arises automatically. The sui generis protection period is 15 years from the date the database first made available to the public.
• Plant Variety Rights: Protection is granted for 25 years from the grant date. For trees, vines, and potatoes, this period is extended to 30 years. No renewal or extension is allowed.
• Integrated Circuit Topographies: Integrated circuit topographies that are original in nature, i.e. resulting from the creator’s own intellectual effort and not previously known among integrated circuit designers, are protected for a period of 10 years. The protection term begins from the earlier of:

(i) the date of first commercial exploitation anywhere in the world, provided that a registration application is filed within two years of such exploitation; or

(ii) the date of the application for registration if no commercial exploitation has occurred.

An application must be filed within 15 years from the date of design at the latest; otherwise, the right to protection is lost. No renewal or extension is possible. Upon expiry of the 10-year term, the topography enters the public domain.

• Trade Secrets and Know-How: Protection is available for as long as the confidential nature and commercial value of the information are preserved. There is no registration or renewal requirement.

• Patents / Utility Models: Under Turkish law, the first owner of a patent or utility model is the inventor. This includes a perpetual right to be named as such, regardless of ownership of the invention itself. Inventions made by employees during the performance of their duties or significantly based on the employer’s knowledge or facilities are considered “service inventions.” Employees are under a legal duty to notify the employer of such inventions. Upon receiving a written notice, if the employer claims the rights in due time, the ownership of the invention transfers to the employer. Otherwise, the invention is classified as a “free invention”, and the employee may retain and register it under their own name. Commissioned inventions fall outside employment law, and ownership depends on the contractual terms between the parties.
• Trademarks: Türkiye is a first-to-file jurisdiction. The first owner of a registered trademark is the person or entity recorded as the applicant in the trademark register. For unregistered trademarks, the first owner is the party who first used the mark in Türkiye in a bona fide manner. There is no automatic transfer of rights in cases of employment or commission, unless explicitly stipulated by contract or assignment.
• Registered / Unregistered Designs: The initial owner of a design is the designer, who retains the moral right to be identified as such even if the economic rights are assigned. Where a design is created by an employee in the performance of assigned duties or predominantly using the employer’s know-how or facilities, the economic rights vest automatically in the employer, unless otherwise agreed. Designs developed using the general infrastructure or resources of the employer may also be claimed by the employer upon request, even if not directly assigned. In case of commissioned works, the economic rights belong to the party specified in the contract. Absent such clause, ownership remains with the designer.
• Copyrights / Software / Databases: The initial owner of copyright is the author. Moral rights (e.g., right of attribution, right of integrity) are inalienable and cannot be waived or transferred. In the context of employment, the economic rights arising from works created by employees (whether officers or workers) are automatically vested in the employer to the extent necessary for business use, unless otherwise agreed. This does not constitute a full transfer of ownership unless explicitly stipulated.

For software and databases, where the work is created in the performance of employment duties or following the employer’s instructions, the employer is exclusively entitled to exercise all economic rights, unless agreed otherwise. In commissioned works, ownership depends on the terms of the agreement. If a work is jointly authored, the economic rights are exercised by the legal entity that organizes the contributors, except for cinematographic works, where specific provisions apply.

• Geographical Indications and Traditional Product Names: The right holders may include producer groups, public institutions and organizations, associations, foundations, cooperatives operating for the public interest, and any party authorized to protect the relevant economic or regional characteristics of the product.
• Integrated Circuit Topographies: The initial owner is the designer. However, topographies created by employees during the course of their work or by using the employer’s instruments or proprietary information are automatically owned by the employer, unless otherwise stipulated by contract. In commissioned works, ownership is determined by the terms of the agreement.
• Plant Variety Rights: The breeder is the original owner of the plant variety rights. In cases where the variety is developed by an employee during the course of employment or through the use of employer resources, the employer becomes the owner, unless agreed otherwise. In commissioned works, ownership again depends on the contract. In the absence of such a provision, the commissioning party may assert rights based on actual contribution and use.

Under Turkish law, the following intellectual property rights are registered rights, meaning that protection is contingent upon successful application and registration before the competent authority, primarily the Turkish Patent and Trademark Office (“TPTO”): Patents, utility models, integrated circuit topography rights, registered trademarks, registered designs, geographical indications, trade names and plant variety rights.

• Patents and Utility Models: Patent and utility model applications can be filed by the inventor or their successor in title. Applications are submitted to the TPTO and must include the relevant technical documents and official filing fees. Patent applications are subject to both formal and substantive examination, including a search and evaluation of novelty, inventive step and industrial applicability. If the requirements are fulfilled, a patent is granted. Utility models are registered after formal examination and a novelty search, but without a substantive examination of inventive step.
• Trademarks: Trademark protection can be applied for by a direct application to the TPTO and alternatively, as Türkiye is a member of the Madrid Protocol, an international application can be filed through the World Intellectual Property Organization by designating Türkiye. Following submission of the application and payment of the official fee, the TPTO conducts an absolute grounds examination. If no absolute grounds for refusal are found, the application is published for a two-month opposition period. If no opposition is filed or if oppositions are rejected, the mark is registered.
• Geographical Indications and Traditional Product Names: Eligible applicants include producer groups, public institutions, professional associations, cooperatives, foundations and other legal entities acting in the public interest or authorized to protect the economic interests of local producers. Applications are submitted to the TPTO and must include technical specifications, geographical boundaries, production methods, and supporting documentation. If the formal conditions are met, the geographical indication is registered.
• Designs: The application for the registration of an industrial design should be filed with the TPTO by the designer or their successor in title and must include the relevant technical documents and official filing fees. The TPTO conducts an examination to determine whether the design is novel and distinctive under the IPC.
• Plant Variety Rights: Applications must be filed with the Ministry of Agriculture and Forestry by the breeder or their successor. The application must include technical and biological information regarding the variety. Upon positive completion of the examination and distinctness, uniformity and stability testing, protection is granted.
• Copyrights: Copyright protection arises automatically upon creation of a qualifying work. Registration is not required. However, optional registration with the Directorate General for Copyrights under the Ministry of Culture and Tourism is available for evidentiary purposes. Such registration is declaratory and not constitutive.

• Patents: In a standard and complete application process, the grant of a patent typically takes around 30 to 36 months from the filing date, depending on the timing of the examination request
• Utility Models: Since utility model applications are not subject to full substantive examination, registration is generally completed within 1 to 2 years.
• Trademarks: In a smooth procedure with no oppositions or deficiencies, the registration process, including formal examination, publication, and issuance, takes approximately 8 to 12 months from filing.
• Designs: Provided that the application meets formal requirements and no opposition is filed, registered design protection is typically granted within 6 to 12 months.
• Geographical Indications and Traditional Product Names: These registrations are more complex and usually take around 10 to 18 months, depending on the completeness of the application and institutional workload.
• Integrated Circuit Topographies: Where the application is filed within two years of first commercial use and meets the statutory requirements, registration is usually finalized within 10 to 12 months.
• Plant Variety Rights: The process generally takes around 18 to 24 months, based on the time required for testing and administrative review by the Ministry of Agriculture and Forestry.

• Patents: There is no pre-grant opposition procedure for patents. However, third parties are entitled to file a post-grant opposition before the TPTO within six months of the publication of the grant decision in the Patent Bulletin.
• Utility Models: Third parties cannot oppose a utility model application. However, third parties can file statements against the content of the search report within three months from publication of the search report in the Official Bulletin.
• Trademarks: Third parties can oppose the application during the two months from the publication date of the application in the Official Bulletin. When a trademark application is filed with the TPTO, the TPTO carries out a procedural examination for absolute grounds for refusal and formal requirements. If there is no deficiency or absolute ground for refusal, it publishes the application in the Official Bulletin. Third parties can oppose the application during the two months from the publication date.
• Designs: Registration based on the initial examination is subject to opposition by third parties within three months of publication of the registration of the design in the Official Bulletin.
• Geographical Indications and Traditional Product Names: Any third party may oppose the application within three months of its publication in the Official Bulletin.
• Plant Variety Rights: Any third party may oppose the application within three months of its publication in the Official Bulletin.

If the TPTO refuses an application, the applicant may appeal against the refusal decision before the Re-Examination and Evaluation Board (“Board”) within two months of the notification of the refusal decision. This mechanism applies to patents, utility models, trademarks, designs, and geographical indications. If the Board upholds the refusal (partially or entirely), the applicant may bring a cancellation action before the Ankara Civil Court for Intellectual and Industrial Property Rights within two months of the notification of the Board’s decision. This constitutes the final administrative stage before judicial review.

For integrated circuit topographies, the applicant may file a written appeal before the two months of notification. Following the Board’s decision, the applicant may initiate a judicial challenge before the competent Ankara Civil Court for Intellectual and Industrial Property Rights within sixty days of notification. For plant variety rights, the cancellation action must be filed within 30 days.

In Türkiye, TPTO determines the official application and renewal fees for registered intellectual property rights. Reduced rates apply to filings made via the e-Government portal. As of 2025, the indicative fees are as follows:

• Patents: The application fee is TRY 67.42. The second-year annuity (registration) fee is TRY 744.33, increasing progressively in subsequent years.
• Utility Models: The application fee is TRY 67.42. The second-year annuity fee is TRY 369.33, with subsequent years subject to higher rates.
• Trademarks: The application fee for a single-class application is TRY 437.75. Each additional class incurs an equal fee of TRY 2049.67.
• Designs: The application fee for a single design is TRY 265.83. The renewal fee is TRY 764.33, however, if submitted during the six-month grace period, is TRY 2,198.83 for the first design and TRY 625 for each additional design.
• Geographical Indications and Traditional Product Names: The application fee is TRY 17.42. The issuance and registration fee for the certificate is TRY 200.75.
• Integrated Circuit Topographies: The application fee is TRY 2,433.33. The certificate issuance fee is TRY 7,616.67.
• Copyright: Türkiye does not operate a mandatory copyright registration system. Therefore, there are no official application or renewal fees. Voluntary registration with the Ministry of Culture and Tourism is available but not required for protection. However, such voluntary registration offers significantly weaker legal protection compared to formal registration systems in other jurisdictions.

All figures are subject to annual revision and may vary depending on the method of filing or procedural developments.

Failure to pay renewal or annuity fees results in the invalidation of the IP right. However, grace periods are available for certain rights:

• Patents and Utility Models: Annuity fees may be paid within six months following the due date with a surcharge. If unpaid, the patent is revoked, but the right holder may restore it by paying a recovery fee within two months of receiving a notice from the TPTO.
• Trademarks and Designs: Renewals can be made within six months after expiry by paying a surcharge. If still unpaid, the right lapses.

• Patents, Utility Models, Trademarks, Designs: Pursuant to IPC, patents, utility models, trademarks, and designs can be assigned by way of an inter vivos legal transaction. Such transactions must be concluded in writing and the validity of the assignment agreement is subject to notarisation by a Turkish notary public.
• Geographical Indications and Traditional Product Names: These rights are explicitly excluded from assignment and similar legal transactions.
• Integrated Circuit Topographies: The rights arising from applications or registrations may be assigned through a written agreement.
• Plant Variety Rights: The rights derived from applications or registrations may be assigned through a written agreement.
• Copyrights: The moral rights cannot be assigned. However, financial rights may be transferred to third parties. Such transfer must be made through a written agreement, and the agreement must explicitly specify each individual financial right (such as reproduction, distribution, adaptation, performance, etc.). Additionally, assignment agreements concerning works that have not yet been created are null and void.

• Patents, Utility Models, Trademarks, Designs: The assignments can be registered with the TPTO upon request of one of the parties, subject to the payment of the applicable fee and fulfilment of the procedural requirements to have effect against third parties. While failure to register does not invalidate the agreement between the parties, it prevents the assignee from asserting the rights against third parties, such as infringers or licensees.
• Integrated Circuit Topographies Assignments can be registered with the TPTO upon the request of the one of the parties, and the date of publication in the Official Bulletin is considered the effective date against third parties.
• Plant Variety Rights: Assignment of such rights can be registered upon the request of the one of the parties and published to be effective against third parties. Registration is handled by the Ministry of Agriculture and Forestry.
• Copyrights: There is no mandatory registration requirement for copyright assignments. However, contracts are subject to strict formality requirements (i.e., written form and specification of scope), and voluntary registration before the Ministry of Culture and Tourism may provide evidentiary advantages but is not required for enforceability.
• Trade names: They cannot be transferred independently, unless otherwise stipulated by contract and the transfer of the business or company includes the trade name.

Under Turkish law, all licence agreements must be made in writing. Licences may be granted on an exclusive or non-exclusive basis. Unless otherwise stipulated in the contract, licences are deemed non-exclusive.

• For patents and utility models, trademarks, industrial designs, plant variety rights, and integrated circuit topographies, unless otherwise agreed in the licence agreement, the licensee may not assign the licence or grant sub-licences.
• For copyrights, the financial rights may be granted through a written licence (referred to as a “right of use”). However, any licence relating to a work that is not yet created or completed is deemed null and void.

• The licence agreements concerning patents, trademarks, utility models, and industrial designs may be recorded with the TPTO upon request of one of the parties, subject to the payment of the applicable fee and fulfilment of the procedural requirements. Although registration is not mandatory for the validity of the licence between the parties, unregistered licences cannot be invoked against bona fide third parties, except where otherwise provided. Therefore, registration is essential for ensuring enforceability against third parties.
• For integrated circuit topographies and plant variety rights, the licence agreements can be recorded with the competent authority, and only recorded licences have effect against third parties.
• For copyrights, the registration is not required, but a written agreement is mandatory.

Yes, an exclusive licensee is entitled to initiate infringement proceedings in its own name unless otherwise agreed in the licence agreement. This right is explicitly recognised for patents, trademarks, designs, utility models, plant variety rights, integrated circuit topographies, and implicitly for copyrighted works.

A non-exclusive licensee, unless otherwise restricted by contract, may request the IP owner to initiate legal action against infringement. If the owner refuses or fails to do so within three months of the notification, the licensee may initiate proceedings in its own name by attaching the notification letter. In urgent cases, the licensee may also seek preliminary injunction before the expiry of the three-month period. For copyrights, non-exclusive licensees typically lack standing unless contractually authorised.

Yes, criminal sanctions are available under Turkish law for the infringement of trademark rights, copyright and related rights, plant variety rights. There are no specific criminal sanctions for patent, design, or integrated circuit topography infringements under the IPC. Infringements related to patents, designs, or topographies may, in certain cases, give rise to criminal liability under general provisions such as fraud or unfair competition in the Turkish Penal Code or the Commercial Code.

• Trademarks:
• Criminal liability may arise where a person:
  • Manufactures or offers for sale, sells, imports, exports, or commercially stores or transports goods that infringe a registered trademark through imitation or likelihood of confusion;
  • Removes a trademark indication from products or packaging without authorisation;
  • Assigns, licenses or pledges a trademark without being authorised to do so.
• These acts are punishable by imprisonment ranging from one to four years and judicial fines. The most severe penalty (up to four years) applies in cases of unauthorised transactions such as licensing or assigning trademark rights. Prosecution is initiated upon complaint by the right holder, and no penalty is imposed if the infringer fully discloses the source of infringing goods and enables seizure of counterfeit items.
• Copyrights:
• Criminal sanctions apply for a wide range of unauthorised uses of protected works, including:
  • Reproduction, adaptation, public communication, broadcasting, or commercial use without the right holder’s consent;
  • Distributing, importing/exporting, or storing pirated copies for non-personal use;
  • Attributing authorship falsely or failing to cite sources properly;
  • Publicly disclosing unpublished content without permission.
• Penalties range from six months to five years of imprisonment and/or judicial fines, depending on the nature of the infringement. Criminal actions are complaint-based and require submission of documents evidencing ownership by the complainant or their affiliated collective rights organisation.
• Plant Variety Rights:
• Criminal sanctions may apply for the following acts:
  • Using protected plant varieties or propagating materials without the rights holder’s consent;
  • Unlawfully expanding or sublicensing rights obtained under a contractual or compulsory licence;
  • Falsely presenting oneself as the rights holder;
  • Refusing to disclose the source of infringing materials.
• Imprisonment for up to two years or judicial fines may be imposed for severe offences, while others result in administrative fines. Most of these offences require the filing of a criminal complaint to initiate prosecution.
• Jurisdiction and Criminal Procedure: All IP-related criminal actions are heard by the specialised IP criminal courts as stipulated under Article 156 of the IPC. In locations without such specialised courts, the competent court is the general criminal court designated by the Council of Judges and Prosecutors.

In Türkiye, intellectual property rights (“IPRs”) may be enforced through several mechanisms depending on the type of right and the nature of the infringement. The enforcement options encompass civil, criminal, administrative, and alternative dispute resolution (“ADR”) procedures.

1. Civil Court Proceedings

IPRs can be enforced through civil lawsuits before specialised Intellectual and Industrial Property Rights Civil Courts, which have jurisdiction over infringement actions, actions for damages, nullity, and ownership claims. Where such specialised courts are not established, regular civil courts serve in this capacity. Under the IPC, competent courts are determined based on the domicile of the right holder, place of infringement, or registered address of the legal representative where applicable. For copyrights, the LIAW provides for similar civil remedies including injunctions, damages, confiscation of infringing goods, and moral compensation for violations of moral rights.

2. IP Office Proceedings

The TPTO administers registration-related proceedings, including opposition, appeal, and invalidation procedures. Under the IPC, administrative opposition can be filed against trademarks, patents, designs, geographical indications, and utility models before TPTO within prescribed deadlines. Decisions of the Office may be challenged before the Board and subsequently before the courts.

3. Administrative Measures

Customs authorities are empowered to take border measures pursuant to Customs Law No. 4458 and the Regulation on Customs Measures for the Protection of Intellectual Property Rights. Rights holders may request the suspension of clearance of goods suspected of infringing IPRs.

For unfair competition matters involving unregistered IP rights, remedies can be pursued under TCC, and administrative sanctions may be applicable in certain sectors (e.g., pharmaceuticals) by regulatory bodies such as the Ministry of Health.

4. Criminal Proceedings

Certain IP infringements are subject to criminal sanctions. For example, trademark infringement, copyright infringement, and plant variety right may result in imprisonment and judicial fines. Criminal proceedings are generally initiated upon complaint by the rights holder and are heard by Intellectual and Industrial Property Rights Criminal Courts as per IPC.

5. Alternative Dispute Resolution (ADR)

While not mandatory, ADR mechanisms such as mediation and arbitration are increasingly utilised in Türkiye. As of 1 January 2019, mediation became a compulsory pre-condition in commercial disputes including IP-related conflicts of a commercial nature (e.g., license disputes, royalty payments). Arbitration clauses may also be included in licensing and transfer agreements. The Istanbul Arbitration Centre (ISTAC) offers IP-specific arbitration and mediation services.

The duration and cost of legal proceedings in Türkiye vary depending on the complexity and nature of the case. First instance proceedings before the Civil IP Courts generally take approximately 18 to 24 months. The Turkish judicial system provides a two-tiered appeal structure, where decisions of the first instance courts may be appealed to the Regional Court of Appeal and subsequently to the Court of Cassation. The appellate stages may add an additional 2 to 3 years to the total timeframe, making the entire process from filing to final decision potentially last between 3.5 and 5 years.

Legal costs are case-specific, but relatively simple infringement actions not involving compensation claims may incur court expenses and legal fees of approximately EUR 1,000 to 2,000. More complex matters involving expert reports and multiple hearings are likely to generate higher costs.

Preliminary injunction requests, evidence preservation (discovery), and customs seizure applications are generally resolved within a few weeks to a few months depending on urgency and court workload.

Civil proceedings concerning intellectual property rights in Türkiye fall under the jurisdiction of the specialised IP civil courts, primarily located in major cities such as Istanbul, Ankara and Izmir. In provinces without such specialised courts, general civil courts act as designated IP courts. Criminal IP matters are adjudicated before specialised criminal IP courts, or general criminal courts in jurisdictions where no dedicated IP bench exists. Proceedings are initiated by filing a written statement of claim, which must include the factual grounds, legal basis, evidence, and requested relief, in accordance with the procedural requirements under the Turkish Civil Procedure Code. The proceedings are largely conducted in writing, with no jury system, and follow a structured sequence of petition exchange, preliminary examination, evidence assessment, and judgment.

The evidence phase is of particular significance in IP litigation, often requiring court-appointed experts to evaluate the technical or commercial aspects of the infringement, particularly in complex patent, utility model and design disputes. In addition to written submissions and expert reports, witness testimony may be heard, particularly in infringement or damages claims.

Hearings are held approximately every two to three months. A first-instance decision is generally rendered within 18 to 24 months. Remedies available include injunctive relief, removal of infringement, pecuniary and non-pecuniary damages, destruction or seizure of infringing goods and instruments, and publication of the decision at the infringer’s cost. Decisions of the first-instance court may be appealed to the regional appellate court. Further cassation appeal before the Supreme Court is available following the appellate decision. Each appellate tier generally takes 12 to 18 months, resulting in a total estimated duration of 3.5 to 5 years for final resolution.

Urgent remedies such as preliminary injunctions, evidence preservation orders, customs seizures, and site investigations are available both pre-trial and during the proceedings. These are usually granted within days or weeks, depending on the urgency and the sufficiency of supporting documentation. Injunctions require the applicant to demonstrate either the risk of irreparable harm or that the main relief sought may become impracticable in the absence of an immediate measure.

Pre-litigation mediation is mandatory in IP disputes that involve monetary compensation claims, in line with Article 5/A of the TCC. However, this requirement does not extend to actions for invalidation or injunctive relief.

In addition to court proceedings, administrative remedies are also available before the TPTO, such as oppositions, invalidation procedures (including administrative revocation for trademarks), and objections during registration stages. Customs enforcement is available for trademark and copyright infringements, enabling border seizure measures under the Customs Code. Regulatory remedies, such as content takedown requests, may also be pursued before competent authorities like the Information and Communication Technologies Authority in copyright infringement cases involving online dissemination.

Turkish customs legislation provides a robust framework for border enforcement of intellectual property rights. Rights holders may file a customs watch application based on registered trademarks, copyrights, patents or industrial designs, enabling customs authorities to monitor cross-border trade and detect potential infringements. Where there is reasonable suspicion that goods infringe IP rights, customs may ex officio or upon request suspend the release of such goods for an initial period of ten working days. To maintain the suspension, the rights holder must obtain a preliminary injunction order from the competent court within this timeframe, which may be extended once upon justified request.

Following a court order, customs may seize the infringing goods and implement further measures such as removal of infringing marks, transfer of ownership to the rights holder, or destruction of the goods. These procedures are particularly effective in trademark and copyright enforcement and may also support subsequent civil or criminal proceedings.

In Türkiye, non-court enforcement options are not generally mandatory for intellectual property disputes. However, mandatory alternative dispute resolution applies in limited cases under specific procedural rules.

In particular, mediation is a statutory prerequisite for filing commercial lawsuits concerning monetary claims, including IP-related compensation actions. Pursuant to Article 5/A of the TCC and Article 18/B of the Mediation Law No. 6325, as amended by Law No. 7155, parties are required to initiate mediation proceedings before bringing a court action for receivables or damages arising from infringement of industrial property rights. If the claimant fails to pursue mediation where required, the case will be dismissed on procedural grounds.

The obligation to mediate applies only to disputes involving monetary claims. Actions solely seeking injunctive relief, invalidation, or declaratory judgments are not subject to this requirement. In mixed claims where both monetary and non-monetary remedies are sought, recent Court of Appeal decisions have confirmed that the action may proceed even if mediation was not pursued, provided the monetary claim is ancillary.

Outside of mandatory mediation, non-judicial mechanisms such as cease-and-desist letters are commonly used, particularly in trademark infringement cases. While not binding, such notices can serve as a basis for cost reimbursement arguments or demonstrate good faith prior to litigation.

Additionally, where an IP dispute intersects with public health, customs, anti-smuggling, tax, or competition law considerations, enforcement may also be pursued through administrative channels or regulatory authorities such as the Turkish Competition Authority, Ministry of Trade, or Customs Directorate. However, these routes are supplementary and do not substitute court jurisdiction over core IP infringement claims.

Intellectual property disputes in Türkiye may be resolved through a variety of settlement mechanisms, both judicial and extrajudicial.

Under the Turkish Code of Civil Procedure, parties are entitled to settle their dispute at any stage of litigation. Courts are also authorised to encourage settlement during proceedings. A formal settlement agreement executed outside of court has contractual force and can be enforced as a judgment if submitted to the court.

Mediation is another widely used resolution tool. For disputes involving monetary claims—such as compensation for infringement—mediation is not optional but mandatory prior to filing a lawsuit, pursuant to Article 18/B of the Mediation Law No. 6325. This includes commercial IP disputes arising from trademark, patent, and design rights. A failure to initiate mediation in such cases renders the subsequent lawsuit inadmissible on procedural grounds.

Arbitration is also available as a dispute resolution method for IP-related contractual matters. Turkish law recognises the arbitrability of disputes involving licensing, royalty payments, or infringement claims where the parties have discretion over the subject matter. However, arbitration is not available for disputes concerning the validity or cancellation of registered IP rights, which remain under the exclusive jurisdiction of the courts.

Under Turkish law, the criteria and evidentiary requirements to establish infringement vary according to the type of intellectual property right in question. The following summarises the applicable standards:

• Patents and Utility Models:

Infringement of a patent or utility model is established upon proof that a third party, without the right holder’s consent:

• manufactures, uses, offers for sale, sells, or imports a product that is the subject of the patent;
• uses a patented process or offers for sale, sells, or imports products obtained directly through such process; or
• expands the scope of rights granted under a licence or compulsory licence or transfers such rights unlawfully.

It is also deemed an infringement to claim patent rights without entitlement. Infringement may be direct or indirect, and intent is not a prerequisite. Evidence typically includes expert reports demonstrating identity or equivalence with the patented invention, procurement or customs documents, and technical documentation.

• Trademarks:

Trademark infringement occurs upon:

• unauthorised use of an identical or similar sign for identical or similar goods/services, where a likelihood of confusion exists;
• use of a well-known trademark in a manner that dilutes its distinctiveness or takes unfair advantage of its reputation;
• counterfeit use or unauthorised commercialisation of infringing products; or
• unauthorised expansion or assignment of rights obtained under a licence.

Supporting evidence includes samples of infringing goods, packaging, advertisements, point-of-sale photographs, and expert assessments regarding likelihood of confusion.

• Industrial Designs:

An infringement of a registered design right is established when a third party, without the consent of the right holder, produces, markets, offers, imports, or stores for commercial purposes a product embodying an identical or substantially similar design that creates the same overall impression.

Unregistered designs are protected for three years from first disclosure in Türkiye, provided that copying can be proven.

Evidence generally comprises side-by-side comparisons of the registered design and the allegedly infringing product, invoices, advertising materials, and expert reports evaluating visual similarity and consumer perception.

• Copyrights

Copyright infringement includes:

• unauthorised reproduction, distribution, communication, or public display of a protected work;
• creation and use of unauthorised derivative works;
• violation of the author’s moral rights, including the rights of attribution, integrity, and disclosure.

Proof of infringement often relies on the comparison of the original and infringing work, registration certificates (if available), timestamped drafts or versions of the original work, and testimony regarding unauthorised use.

• Geographical Indications:

Infringement of a geographical indication (“GI”) includes:

• use of the GI on products not conforming to the specification or originating from the designated territory;
• misleading use or evocation of the GI, even if the true origin is indicated;
• use of translations, phonetic imitations, or deceptive packaging and advertising.

Relevant evidence includes product labelling, marketing materials, consumer surveys, and inspection reports.

• Integrated Circuit Topographies:

Infringement arises when a third party reproduces, commercially exploits, imports, or distributes a protected topography without authorisation.

Evidence typically involves circuit layout schematics, expert evaluations of identity or substantial similarity, and records of commercial activity involving the unauthorised topography.

• Plant Variety Rights

Infringement occurs through unauthorised propagation, conditioning, marketing, export, import, or stocking of protected varieties. It also includes failure to use the correct denomination or wrongful use of the breeder’s rights.

Key evidence includes seed certification records, sales documents, laboratory genetic comparison results, and declarations of source.

General Considerations

In all infringement actions, the burden of proof lies with the claimant. Documentary evidence, expert opinions, market surveillance records, and official inspection reports are critical in substantiating claims. In civil proceedings, evidence may be preserved through preliminary measures such as determination of evidence or court-appointed expert evaluation. Criminal proceedings may be initiated for trademark, copyright, and plant variety rights infringements.

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?

Turkish IP disputes are adjudicated by specialised IP courts composed of legally trained judges without technical backgrounds. However, in almost all cases involving technical complexity—particularly patent, utility model and software-related matters—courts routinely appoint one or more court-appointed experts pursuant to the Civil Procedure Code. These experts, who may be patent attorneys, engineers or other domain professionals, submit binding written reports that significantly influence the outcome of proceedings.

Although the court holds sole discretion to decide whether to commission expert reports, it may appoint an expert jointly selected by the parties or independently ex officio if no agreement is reached. Additionally, parties are permitted to submit their own expert opinions (party-appointed experts), which the court may consider alongside the court-appointed expert’s report. The parties may also submit technical witness statements and request site inspections in the presence of experts for evidentiary clarification

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

Turkish procedural law does not provide for pre-trial discovery or disclosure in the common law sense. Instead, evidence gathering is conducted under strict judicial control. The parties bear the burden of proof and must submit all evidence at the outset of proceedings. Courts may compel the submission of specific documents by parties or third parties through targeted evidentiary orders. Failure to comply may result in adverse inferences against the non-compliant party.

To safeguard ephemeral evidence, the court may order determination of evidence either before or during the trial. This includes expert-led inspections or document preservation measures. In criminally relevant IP matters, rights holders may request search warrants via the public prosecutor to obtain and secure infringing goods and related documentation.

Confidentiality of sensitive documents may be protected upon request; in such cases, the court may limit access to opposing parties under supervision to ensure due process rights are not prejudiced.

In Türkiye, evidence in intellectual property proceedings is primarily scrutinised by the judge based on written submissions, documentary evidence, and expert reports. There is no adversarial discovery or traditional cross-examination as seen in common law systems. Instead, the court exercises a proactive role in evaluating the evidence and may summon witnesses, including expert witnesses, to hearings to clarify technical or factual matters. Judges have the discretion to allow questions to be posed indirectly to opposing witnesses via the court, though this practice is infrequent in IP disputes.

Expert reports, particularly in cases involving patents, designs or complex technologies, are central to the evidentiary process. The court-appointed expert(s) produce written evaluations, and both parties are entitled to submit written objections or comments on the expert report. If deemed necessary, the court may request supplementary clarifications or appoint a second panel of experts.

Although party-appointed expert opinions may be submitted, they do not carry the same weight as court-appointed expert reports unless supported by procedural integrity and technical reliability. Oral witness testimony may also be admitted in infringement cases but is not a predominant feature of Turkish IP litigation. Overall, the court’s scrutiny hinges on the written record, supplemented by expert technical evaluation and judicial discretion in managing evidentiary issues.

A wide array of defences is available to respondents in IP infringement actions under Turkish law. These defences include both procedural and substantive grounds:

• Invalidity of the right: The defendant may argue that the asserted IP right is invalid or has been annulled. This is a common defence in patent, design, and trademark disputes.
• Non-infringement: The accused act does not fall within the scope of protection afforded to the right holder, including by way of claim chart analysis in patent disputes or dissimilarity in trademarks.
• Exhaustion: The rights have been exhausted through prior legitimate sale of the protected goods in Türkiye.
• Fair use and exceptions: Defendants may rely on statutory exemptions such as descriptive use, nominative use, parody, quotation or criticism in copyright cases, or the Bolar exemption in pharmaceutical patent litigation.
• Lack of use: In trademark disputes, non-use for a continuous five-year period constitutes a defence and may lead to revocation.
• Prior use right: A party who was using the invention or design in good faith before the filing date may continue to do so under certain conditions.
• Statute of limitations: Claims may be barred if not brought within the prescribed limitation period.
• Licence or authorisation: Lawful use under a contractual licence or statutory compulsory licence negates infringement.
• Experimental or non-commercial use: Particularly relevant in patent and copyright contexts.
• Competition law-based defence: In cases where enforcement constitutes an abuse of dominant position or anticompetitive conduct.

Each of these defences must be substantiated by admissible evidence and, where applicable, technical argumentation supported by expert evaluation. The burden of proof generally lies with the defendant for affirmative defences such as exhaustion, prior use, or lawful authorisation.

Under Turkish law, intellectual property rights may be challenged by:

• Holders of earlier or conflicting rights, including owners of prior trademarks, patents, designs, or copyrights, who can oppose applications or bring invalidation or infringement actions.
• Interested parties who can demonstrate a legal interest in the outcome, including competitors or licensees.
• Third parties such as consumers’ associations, professional chambers, public institutions, or prosecutors (specifically for geographical indications and post-registration trademark invalidation).
• Defendants in infringement actions, who may file a counterclaim or raise invalidity as a defence.

Challenges to IP rights may be made at various procedural stages depending on the type of right:

• Trademarks: Third parties may file an opposition within two months of the trademark’s publication in the Official Trademark Bulletin, based on absolute or relative grounds. After registration, cancellation actions may be brought before the TPTO or the courts on grounds such as non-use, genericide, or misleading use.
• Designs: Oppositions may be filed within three months from the publication of the design registration in the Official Bulletin. Judicial invalidation actions may also be filed throughout the design’s protection period.
• Patents: A post-grant opposition can be filed within six months of publication of the patent grant in the Patent Bulletin. Additionally, invalidation lawsuits may be brought before the IP courts at any time during the patent’s 20-year term.
• Geographical Indications and Traditional Product Names: Third parties may object to a published application within three months of its publication in the Official Bulletin. Applicants may also object to rejection decisions within two months of notification.
• Plant Variety Rights and Integrated Circuit Topographies: These rights are subject to opposition within three months of their publication.

In all cases, if the right holder initiates enforcement proceedings, the opposing party may challenge the validity of the asserted IP right as a means of defence.

Challenges to intellectual property rights in Türkiye may be brought through both administrative and judicial mechanisms, depending on the stage and nature of the right. At the administrative level, oppositions against pending applications for trademarks, designs, patents (for examined patents), and geographical indications can be filed before the TPTO within statutory deadlines following publication. Once the right is registered, any natural or legal person with a legitimate interest may file invalidation or cancellation actions before the IP Courts. Such actions are generally grounded in substantive criteria such as lack of distinctiveness or novelty, bad faith registration, violation of public order or morality, or prior rights. Non-use and genericide are also common grounds for revocation in trademark cases. In copyright matters, where registration is not mandatory, ownership and originality may be contested before civil courts, often in the context of infringement claims. Overall, Türkiye’s legal framework provides a layered system of review that balances administrative expediency with judicial scrutiny, ensuring robust mechanisms for challenging the validity and enforceability of IP rights.

Yes. In Türkiye, beyond invalidation or cancellation actions, there are several mechanisms under national law that may remove or limit the enforceability or scope of intellectual property rights:

• Declaratory relief in the form of non-infringement actions is available and may be brought by parties who have a legal interest in confirming that their commercial activities do not infringe a third party’s IP right. These actions serve a preventive function and help eliminate legal uncertainty for future operations.
• Compulsory licences may be granted under certain statutory conditions for patents, utility models, plant varieties, integrated circuit topographies, and copyrighted works. Such licences are generally issued when the right holder does not use or insufficiently uses the protected subject matter within a reasonable time, or for public interest reasons. This mechanism is particularly relevant in cases of non-working patents or essential technologies.
• The prior user defence also limits the enforcement of IP rights. If a third party has, in good faith, already commenced use or taken serious preparatory steps to use an invention, design, or trademark in Türkiye before the filing date of the protected right, that party may continue its activities within a reasonable scope despite the subsequent registration.
• The principle of international exhaustion is recognised in Turkish IP law. Once a protected product is placed on the market anywhere in the world by the right holder or with its consent, further distribution cannot be restricted by the right holder.
• In pharmaceutical patent cases, the Bolar exemption is applicable, allowing third parties to conduct research, development, testing, and regulatory procedures for generic versions of patented products without constituting an infringement, provided that such acts are carried out solely for obtaining marketing authorisation.
• Finally, specific limitations also apply to the use of patented biological materials in agriculture. Farmers are entitled to use propagating materials obtained through authorised commercial sources for further agricultural production, within the limits defined by law.

These mechanisms collectively serve to balance the exclusive nature of IP rights with broader public interest considerations, including access to technology, fair competition, and legal certainty.

Under Turkish law, a comprehensive system of civil, administrative, and criminal remedies is available for the enforcement of intellectual property rights. Interim remedies primarily consist of preliminary injunctions granted pursuant to the general rules of the Code of Civil Procedure and sector-specific provisions of the IPC or LIAW. Interim relief may include the immediate cessation of infringing activities, seizure of infringing goods and production tools, and preservation of evidence prior to or during litigation.

Final remedies include:

• a declaratory judgment confirming the existence of infringement;
• injunctive relief to cease and prevent further infringement;
• removal and destruction of infringing goods or means used for their production;
• compensation for pecuniary (actual damage or unjust enrichment) and non-pecuniary damages; and
• publication of the judgment at the infringer’s expense.

In addition, the criminal law framework provides for sanctions in cases of trademark and copyright infringement. Offenders may face imprisonment, administrative fines, and injunctive measures such as seizure and destruction. Patent and design infringements are not subject to standalone criminal penalties but may give rise to criminal liability under general provisions, such as unfair competition or fraud.

The total cost of IP enforcement proceedings in Türkiye varies depending on the complexity of the dispute but typically comprises court fees calculated over the value of the claim, statutory attorney fees (as per the Turkish Bar Association’s Minimum Fee Tariff), and ancillary expenses such as expert witness fees and service costs.

According to Turkish civil procedure rules, the general principle is that the losing party bears the litigation costs, including court fees, notification expenses, and a fixed portion of attorney fees. While the actual contractual fees between client and counsel are not recoverable, courts routinely order reimbursement of statutory legal fees and other officially documented expenses.

Turkish procedural law also enables courts to request a security for costs from non-resident claimants or in cases deemed financially high-risk. Such guarantees may be ordered to safeguard the defendant’s ability to recover litigation costs should they prevail in the proceedings.