Q4/2017 Intellectual Property
Regulation on the Enforcement of Industrial Property Law (published in the Official Gazette dated April 24, 2017 and numbered 30047) has been amended. The amended articles have been published in the Official Gazette dated October 27, 2017 and numbered 30223. Under the Amendment, applications made via internet will be accepted after an identity check has been completed. If the applications or requests have been made according to this rule, the applicant or requester will be liable for any misstatement.
Regulation on the Data Controllers’ Registry has entered into force and the Board of Protection of Personal Data subsequently announced the expected next steps with respect to establishment of a Data Controllers’ Registry and the data controllers’ obligation to register. As is known, Article 16/2 of Law on Personal Data Protection (Law No. 6698) (published in the Official Gazette dated April 7, 2016 and numbered 29677) stipulates that real persons or legal entities, who process personal data, are to be registered in the Data Controllers’ Registry prior to the commencement of personal data processing, while Article 16/5 sets out the procedures and principles regarding Data Controllers’ Registry that will be determined by a regulation.
The Regulation on the Implementation of the Decree-Law Regarding the Protection of Patents (published in the Official Gazette dated November 5, 1995 and numbered 22454) (“Patent Regulation”) has been amended by the Turkish Patent Institute. As per the amendments, the owner of a patent shall submit all required documents and information to the Turkish Patent Institute in 3 years following the disuse of the patent. In addition, pursuant to the amendments, the patent application before the Turkish Patent Institute may be withdrawn by a third party who is appointed as an attorney.
The Regulation on the Implementation of the Decree-Law Regarding the Protection of Industrial Designs (published in the Official Gazette dated February 7, 2006 and numbered 26073) (“Industrial Design Regulation”) has been amended by the Turkish Patent Institute. The Industrial Design Regulation covers the principles and requirements for the registration and the protection of industrial designs. Pursuant to this amendment, the definition of the publication costs under Article 9 of the Industrial Design Regulation has been replaced by the expression of “information evidencing payment of costs with respect to application”.
The Regulation on the Implementation of the Decree-Law No. 556 Regarding the Protection of Trademarks (published in the Official Gazette dated April 9, 2005 and numbered 25781) (“Trademark Regulation”) has been amended by the Turkish Patent Institute. Pursuant to the amendments, the objection to decisions of the Turkish Patent Institute with respect to trademark may be withdrawn. Withdrawal shall be declared in writing to the Turkish Patent Institute. As per the Regulation, withdrawal shall not have effect if the Turkish Patent Institute has made a decision on such objection.
Amendment to the Regulation on the Implementation of Statutory Decree numbered 556 regarding the Protection of Trademark has been published (O.G. January 18, 2015, 29240). The Amendment entails that the documents submitted for trademark applications or any other requests via electronic means are considered as being in accordance with their originals only if the applicant or requesting party makes a statement in this direction and all documents are signed via online means. In case the applicant or requesting party makes false statements or submits inaccurate documents, such person shall undertake any legal and criminal liability. Additionally, there are some amendments made regarding the documents requested by the Turkish Patent Institute in case the address, commercial title or type of the trademark holder company is changed.
A Communique on Classification of Goods and Services Regarding Trademark Registration Applications has been published by the Turkish Patent Institution (the “Communique”) (O.G. December 8, 2014, 29199).
The Communique regulates and sets out the principles related to the Classification of Goods and Services List which will be taken as a basis in the applications for registration of marks made to the Turkish Patent Institution in accordance with the Nice Classification regulated as per the provisions of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. The Communique will enter into force on December 1, 2015.
Communiqué on Internet Domain Names (published in the Official Gazette dated August 21, 2013 and numbered 28742) stipulates provisions regarding the determination of internet domain names registration institutions and principles and procedures for operating internet domain names which have “tr” extension.
It also regulates the execution of the dispute resolution mechanism with respect to internet domain names, determination of dispute resolution service providers along with the principles and producers thereof. Accordingly, the complainant may apply to Dispute Resolution Service Provider’s website for dispute resolution.
Communique on Tariff of Fares to be implemented by Turkish Patent Institute (published in the Official Gazette dated January 03, 2013 and numbered 28517) stipulates tariff of fares to be applied in Turkish Patent Institute Services.
Amendment on the Regulation on Implementation of Decree Regarding Protection of Industrial Design Rights (published in the Official Gazette dated March 30, 2013 and numbered 28603) brings several changes in procedures of registration and fee amounts thereof.
Amendment on the Regulation on Implementation of Decree No. 556 Regarding Protection of Trademarks (published in the Official Gazette dated March 30, 2013 and numbered 28603) has changed definition of trademarks to commercial and service marks including common and guarantee marks.
Amendment on the Regulation on Implementation of Decree Regarding Protection of Patent Rights (published in the Official Gazette dated March 30, 2013 and numbered 28603) provides a time limit for patent application procedures or other procedures regarding patents that is 2 months.