A new Law for Trademarks entered into force upon being published in the Official Gazette of January 10, 2017. The Law brings the principles of trademarks, geographical indications, industrial designs, patents and utility models under one roof. These were previously regulated by different decree laws. The Law also restructures the Turkish Patent Institute under the name of the Turkish Patent and Trademark Institute (“Institute”) and introduces very significant amendments to the legislative environment surrounding each type of industrial property.
Here are some major changes introduced by the new Laws:
For patents without examination to grant a term of protection of 7 years is no longer a valid type of protection for claim of inventions.
For utility model certificates a statutory novelty search request is now required.
Interested third parties now have the right to file opposition against the publication of search report issued for Utility Model Certificates as an effective tool to lead to the rejection of the said right if/where arguments as discussed are attested to be affirmative.
Evocative of the opposition procedures following the grant of a European Patent, interested third parties now has the right to file opposition within six months for the rejection of a granted patent as of the date of publication of grant.
Annuities are due to be paid as of the third anniversary as of date of actual filing.