Turkey Welcomes New Industrial Property Law

This is another milestone in Turkish IP business life. We sincerely welcome the new Turkish Industrial Property Law entering into force on January 10, 2017.

The new law (No. 6769 - the “IP Law”) introduces significant changes into the whole structure of IP protection by repealing earlier "decree laws", i.e. for patents and utility models (551), trademarks (556), industrial designs (554) and geographical Indications (555). The "IP" here represents “industrial property” covering all the above rights since copyrights are not covered.

Below is a summary of the major changes in relation to patents and utility models that are introduced by the IP Law under "Book 4, Articles 82-145":

• Introduction of post-grant opposition procedure allowing third parties to file oppositions within "6 months" after a patent has been granted,

• Cancellation of non-examined patent system (such as a petty patent for a protection period of seven years in Turkey),

• Initiation of novelty search requirement for utility model applications,

• Freedom to file a divisional patent anytime upon an applicant's request.

• Addition of new contents regarding to biotechnological inventions which are compatible with EU Directive # 98/44,

• Introduction of clearer provisions to protect second medical use patents

• Simplification on “patent use requirement”, i.e. removal of evidence submission.

Among others, another reform in the law is the policy change with regard to cancellation of so called "professor’s privilege” in order to boost commercialization activities from universities, and moved to a policy regime similar to the U.S. post Bayh-Dole. The academic staff will enjoy at least one-third of the income obtained from commercialization, if any.