Anticipated Changes Pave Way To New IP Environment

Turkey is preparing to replace its existing decree-laws on the protection of trademarks, patents, industrial designs and geographical indications with a draft IP Law covering all of these rights. The draft was issued on February 24 2016 for public consultation until March 4 2016 and has now been referred to Parliament for enactment.

In addition, new mid-level appellate courts were established as of July 20 2016, which will affect IP litigation procedure in Turkey.

This chapter outlines the major changes introduced by these developments.

Patents and utility models

Post-grant opposition stage introduced

A granted patent cannot be contested before the Turkish Patent Institute through opposition procedures under existing practice. Rather, it can be contested only by filing a cancellation action before the courts.