Intellectual Property Law In Turkey

Abstract

Turkey protects trademarks, patents, utility models, designs and geographical indications principally under Industrial Property Law No. 6769. Copyright remains subject to the Law on Intellectual and Artistic Works No. 5846. A foreign business should not treat intellectual property as a single registration exercise. Each asset has different conditions for protection, ownership rules, maintenance requirements and enforcement routes. This article explains the current framework, corrects common assumptions about registration and the five-year acquiescence rule, and sets out a practical strategy for filing, monitoring, licensing and enforcement in Turkey.

Introduction

Industrial Property Law No. 6769 entered into force on 10 January 2017 and consolidated the principal rules for trademarks, geographical indications, designs, patents, utility models and traditional product names. Copyright is governed separately by Law No. 5846. The distinction matters because the source, duration and enforcement of protection depend on the asset concerned.¹

Registration is essential for the ordinary statutory monopoly in a trademark, patent, utility model or registered design, but the statement that every non-copyright right depends entirely on registration is too broad. Law No. 6769 also recognises unregistered designs for a limited period, earlier rights in unregistered signs, protection for certain well-known marks, and unfair-competition claims where their separate conditions are met. A protection strategy should therefore begin with classification of the asset, ownership and territorial scope, not with a filing form.²

1. Selecting the Correct Form of Protection

One product may require several rights. A software platform may involve copyright in source code, a trademark for the service name, a patentable technical solution, a registered design for a physical interface, database rights, confidentiality obligations and carefully drafted employee or contractor agreements. Filing one right does not replace the others.

2. Trademarks in Turkey

2.1 Clearance filing and opposition

Turkey operates a filing and registration system. TÜRKPATENT examines absolute grounds, but earlier trademark rights are principally raised by the earlier owner through opposition. Before launch, a company should search the register for identical and confusingly similar signs, review company names, domain names and marketplace use, and file for the goods and services it genuinely expects to offer. A search limited to an exact word is rarely sufficient.

A published trademark application may be opposed within two months of publication. The opposition must be reasoned and the prescribed fee must be paid within the same period. If the earlier mark has been registered for at least five years, the applicant may require proof of genuine use for the relevant goods or services. This makes portfolio housekeeping and preservation of dated use evidence part of enforcement readiness.³

2.2 Protection term use and renewal

A registered trademark is protected for ten years from the filing date and may be renewed for successive ten-year periods. Renewal is normally requested during the six months before expiry; a further six-month period is available with an additional fee. Separately, a mark may be cancelled if it is not put to genuine use in Turkey within five years after registration or if use is interrupted continuously for five years without proper reason.⁴

Use should correspond to the registered sign and the registered goods or services without changing the mark’s distinctive character. Invoices, catalogues, advertising records, Turkish website analytics, distributor records, product photographs, customs documents and dated marketplace evidence should be retained in an organised file.

2.3 Invalidity acquiescence and bad faith

Article 25(6) does not impose a universal five-year period running mechanically from the registration date of the later mark. The statutory test asks whether the earlier owner knew, or should have known, that the later mark was being used and then remained silent for five consecutive years. The defence is unavailable where the later registration was made in bad faith. Registration date, publication, market presence, warning letters and evidence of actual knowledge may all be relevant, but none should be substituted for the statutory test without analysis.⁵

The Court of Cassation 11th Civil Chamber decision dated 15 May 2024, E. 2023/256, K. 2024/3918, affirmed a judgment that rejected invalidity on the facts as time-barred while still restraining uses of the registered word mark in a presentation, colour scheme, device and online context that infringed the claimant’s rights. The practical point is that survival of a registration does not authorise every manner of use, and invalidity, infringement and unfair competition must be pleaded and analysed separately.

2.4 Administrative cancellation before TÜRKPATENT

Invalidity remains a judicial remedy, but cancellation under Article 26 is now handled by TÜRKPATENT. Grounds include five-year non-use, genericide, misleading use, and use of a guarantee or collective mark contrary to its technical regulations. The procedure is evidence-driven and subject to short response periods. Foreign owners should maintain an address and representative structure that ensures official notices are acted on immediately.⁶

3. Patents and Utility Models

A patentable invention must be new, involve an inventive step and be capable of industrial application. Patent protection is defined primarily by the claims, interpreted with the description and drawings. A commercial product that looks different may still fall within a claim, including through equivalent elements, while a product that performs a similar commercial function may remain outside the claim if the required technical elements are absent.

A utility model offers a shorter route for eligible technical inventions, but it is not a registration for every minor improvement. Methods, chemical and biological substances and certain biotechnological inventions are excluded from utility-model protection. Novelty, entitlement and adequate disclosure remain central, and validity can be challenged before the competent court.⁷

A patent lasts twenty years and a utility model ten years from the filing date; neither term is renewable. Annual fees begin at the end of the second year and continue throughout the term. Non-payment by the due date can be cured with an additional fee within six months. The statute also contains a limited reinstatement mechanism after notice, but relying on cure periods is poor portfolio management and may expose the owner to intervening third-party rights.⁸

4. Industrial Designs

A registered design is protected for five years from filing and may be renewed in five-year periods up to twenty-five years. A qualifying unregistered design is protected for three years from the date on which it was first made available to the public in Turkey. The unregistered right is narrower because it is directed against copying; independent creation is a defence.⁹

Disclosure strategy is critical. A foreign company should determine whether a design has already been displayed at a fair, online, to distributors or in another country, and should coordinate Turkish, Hague System and other national filings before publication where possible. Product photographs, dated design files and records identifying the designer and the chain of title should be preserved.

5. Copyright Software and Digital Content

Copyright protection under Law No. 5846 arises automatically when a qualifying work is created. Voluntary recordation may assist with evidence but does not create the right. Certain productions containing music, cinema works and computer games are subject to mandatory recordation or banderol procedures, but those administrative requirements should not be confused with the existence of copyright itself.¹⁰

For software and digital projects, the recurring issue is ownership. The author remains central to moral rights, while the exercise or transfer of economic rights depends on the statute and the written agreement. Development contracts should identify source code, object code, documentation, updates, third-party and open-source components, datasets, domain names, credentials, acceptance criteria, confidentiality, moral-right consents to the extent permitted, and post-termination access.

6. Ownership Licensing and Transaction Due Diligence

Industrial property rights may be assigned, licensed, pledged, inherited or otherwise transacted under Article 148, subject to formal requirements. Assignments must be in writing and notarised for validity. Transactions not recorded in the register cannot be asserted against good-faith third parties. Copyright transfers require separate attention to the economic rights and modes of exploitation covered by the written instrument.¹¹

In an acquisition, investment or distribution arrangement, the register is only the first layer of due diligence. Counsel should verify title from creator to current owner, employee inventions, contractor assignments, licences, coexistence arrangements, oppositions, cancellation exposure, use evidence, annual fees, encumbrances, domain names, customs applications and pending litigation. A licence should also address territory, exclusivity, sublicensing, quality control, improvements, prosecution authority, enforcement control and allocation of recoveries.

7. Enforcement in Practice

7.1 Evidence and provisional measures

The first enforcement decision is evidentiary. Test purchases, notarised website records, marketplace listings, customs data, invoices, technical inspection, source-code preservation and expert review may be necessary before a warning letter is sent. A poorly timed letter can cause evidence to disappear or trigger a declaratory non-infringement action.

Under Articles 149 to 151, a right holder may seek a declaration, prevention and cessation of infringement, removal of its consequences, compensation, seizure, ownership transfer in appropriate circumstances, alteration or destruction where necessary, and publication of the final judgment. Article 159 permits preliminary injunctions where infringement is occurring or serious and effective preparations are underway. Damages may include actual loss and lost profit calculated through the statutory alternatives.¹²

7.2 Civil criminal and customs routes are not interchangeable

The criminal provisions of Law No. 6769 are directed principally to specified trademark offences and require a trademark registered in Turkey. It is therefore inaccurate to describe criminal enforcement under that Law as a general remedy for every patent, design or utility-model infringement. Copyright offences are governed separately by Law No. 5846. Criminal complaints should be reserved for facts that satisfy the relevant offence, complaint period and evidence requirements.¹³

Customs protection can be highly effective against counterfeit imports and exports. A right holder may apply for suspension or detention of suspected goods and should provide clear product-identification material. Once notified, the holder generally has ten working days to commence proceedings and obtain the required interim measure or otherwise follow the applicable simplified procedure. Customs action is not a permanent injunction and should be integrated with the civil case strategy.¹⁴

8. Guidance from the Court of Cassation

9. International Filing Routes and Foreign Applicants

A Paris Convention priority claim is generally available for a Turkish filing made within six months of the first foreign trademark or design filing and within twelve months of the first patent or utility-model filing. The priority claim and supporting documents must satisfy the procedural rules. A foreign filing does not itself create a Turkish right after the priority period expires.¹⁵

Foreign owners may use national filings, the Madrid Protocol for trademarks, the European Patent Convention or Patent Cooperation Treaty routes for patents, and the Hague System for designs where applicable. The route affects cost, examination, translation, validation and portfolio administration. A person resident outside Turkey must act before TÜRKPATENT through a registered trademark or patent attorney, as applicable.¹⁶

10. Frequently Asked Questions

What should a foreign company do before launching a brand in Turkey?

Run a legal clearance search, select the correct goods and services, secure domain names and social-media handles, file early, and set up monitoring of the Trademark Bulletin and online marketplaces.

Does TÜRKPATENT automatically reject every application similar to an earlier mark?

No. The Office examines absolute grounds, while many earlier-right conflicts depend on a timely opposition by the earlier owner.

Does the five-year period always run from the later trademark registration?

No. Article 25(6) focuses on knowledge or deemed knowledge of use and five consecutive years of silence. Bad-faith registration is excluded. The facts and applicable transitional rules must be reviewed.

Can an unused Turkish trademark remain enforceable forever if renewed?

Renewal preserves registration, but five-year non-use may support cancellation and may also be raised as a defence in opposition, invalidity or infringement proceedings in the circumstances specified by law.

Can software be patented in Turkey?

Computer programs as such are excluded, but a computer-implemented invention that produces a qualifying technical contribution may require a patent analysis. Copyright can separately protect original code and documentation.

Is an unregistered product design protected?

Potentially. A qualifying design first made available to the public in Turkey may receive three years of protection against copying, but registered protection is broader and can last up to twenty-five years.

Does copyright need registration before a lawsuit?

No. Copyright generally arises automatically. Evidence of creation, authorship, date and chain of title remains essential, and some categories are subject to separate recordation or banderol procedures.

Can Turkish counsel act without the foreign director travelling to Turkey?

Usually yes. A properly legalised and translated power of attorney can authorise filing and litigation steps, although the required form and authority should be checked for the specific transaction or proceeding.

Should every infringement begin with a cease-and-desist letter?

No. Counsel should first assess evidence preservation, urgency, jurisdiction, security for an injunction, counterclaim exposure and the risk that the alleged infringer will conceal goods or records.

Conclusion

An effective Turkish IP strategy links filing, ownership, use evidence, renewal, market monitoring and enforcement. Foreign businesses should classify each asset before market entry, preserve the chain of title, monitor official bulletins, record genuine trademark use, maintain patent fees and prepare evidence before approaching an infringer. The five-year acquiescence rule should be treated as a fact-sensitive limitation based on knowledge and silence, not as a simple calculation from registration. Early coordination between commercial teams, Turkish counsel and foreign portfolio managers is materially less costly than reconstructing ownership and evidence after a dispute begins.

Bibliography and References

Legislation: Industrial Property Law No. 6769, especially Articles 3 to 30, 55 to 69, 82 to 101 and 149 to 160.; Law on Intellectual and Artistic Works No. 5846.; Turkish Commercial Code No. 6102, especially Articles 54 to 63.; Customs Law No. 4458 and the intellectual-property provisions of the Customs Regulation.; Regulation on the Implementation of Industrial Property Law No. 6769.

Judicial decisions: Court of Cassation 11th Civil Chamber, E. 2023/256, K. 2024/3918.; Court of Cassation General Assembly of Civil Chambers, E. 2017/27, K. 2020/225.; Court of Cassation General Assembly of Civil Chambers, E. 2021/970, K. 2022/1903.; Court of Cassation 11th Civil Chamber, E. 2022/6792, K. 2024/2676.

Official materials: TÜRKPATENT, current legislation, official bulletins, trademark cancellation materials, patent and design guidance, and 2026 fee schedules.; Ministry of Culture and Tourism, General Directorate of Copyright, official copyright and recordation guidance.; Ministry of Trade, General Directorate of Customs, official guidance on customs protection of intellectual property rights.; Court of Cassation, Official Case Law Search Database.; WIPO, Paris Convention, Madrid System, PCT and Hague System materials.

Selected legal books: Ünal Tekinalp, Fikri Mülkiyet Hukuku, Vedat Kitapçılık.; Sabih Arkan, Marka Hukuku, Ankara University Faculty of Law Publications.; Cahit Suluk, Rauf Karasu and Temel Nal, Fikri Mülkiyet Hukuku, Seçkin Yayıncılık.; Hayrettin Çağlar, Marka Hukuku Temel Esaslar, Adalet Yayınevi.

Footnotes

^{1. Industrial Property Law No. 6769, Articles 1 and 2, Official Gazette No. 29944 of 10 January 2017; Law on Intellectual and Artistic Works No. 5846.}

^{2. Industrial Property Law No. 6769, Articles 6(3) to (5), 55(4), 59(2) and 69(2); Turkish Commercial Code No. 6102, Articles 54 to 63.}

^{3. Industrial Property Law No. 6769, Articles 5, 6, 16, 18 and 19. A trademark opposition must be filed within two months after publication and must comply with the statutory reasoning and fee requirements.}

^{4. Industrial Property Law No. 6769, Articles 9, 23 and 26. TÜRKPATENT, official trademark guidance and current registration and renewal materials.}

^{5. Industrial Property Law No. 6769, Article 25(6); Court of Cassation 11th Civil Chamber, E. 2023/256, K. 2024/3918, 15 May 2024; Court of Cassation General Assembly of Civil Chambers, E. 2017/27, K. 2020/225, 26 February 2020.}

^{6. Industrial Property Law No. 6769, Article 26; Regulation on the Implementation of Industrial Property Law, Article 30/A and following provisions; TÜRKPATENT official trademark cancellation materials.}

^{7. Industrial Property Law No. 6769, Articles 82, 83, 89, 142 and 143. Utility-model exclusions and the applicable research and grant procedure should be checked for the specific invention.}

^{8. Industrial Property Law No. 6769, Article 101. Patent protection is twenty years and utility-model protection ten years from filing; annual fees are due from the end of the second year, subject to the statutory cure and reinstatement rules.}

^{9. Industrial Property Law No. 6769, Articles 55, 59 and 69; TÜRKPATENT, official design guidance. Registered designs may reach twenty-five years; qualifying unregistered designs receive three years of protection against copying.}

^{10. Law on Intellectual and Artistic Works No. 5846, especially Articles 1/B, 8, 13, 18 and 52; Ministry of Culture and Tourism, General Directorate of Copyright, official guidance on copyright and voluntary and mandatory recordation.}

^{11. Industrial Property Law No. 6769, Article 148; Law No. 5846, Article 52. The validity, recordal and third-party effects of each transaction should be analysed separately.}

^{12. Industrial Property Law No. 6769, Articles 149 to 151 and 159; Code of Civil Procedure No. 6100 provisions applicable to preliminary injunctions.}

^{13. Industrial Property Law No. 6769, Article 30; Law on Intellectual and Artistic Works No. 5846, criminal provisions. Article 30(5) requires a trademark registered in Turkey for conviction under the trademark offence.}

^{14. Customs Law No. 4458 and the intellectual-property provisions of the Customs Regulation; Ministry of Trade, official guidance on intellectual property rights at customs, including the ten-working-day action period following notice.}

^{15. Industrial Property Law No. 6769, Articles 12, 62 and 93; Paris Convention for the Protection of Industrial Property. The ordinary priority period is six months for trademarks and designs and twelve months for patents and utility models.}

^{16. Industrial Property Law No. 6769, Articles 14 and 160; TÜRKPATENT and WIPO official materials on the Madrid Protocol, PCT, European patent and Hague design routes. Persons resident abroad must use a registered representative before TÜRKPATENT.}