PRELIMINARY PROVISIONSPurpose, Scope, Definitions and Beneficiaries of Protection

Purpose and scope ARTICLE 1– (1) The purpose of this Law is to contribute to technological, economic and social advancement upon protecting industrial property rights and traditional product names and promoting the utilization of these rights in the field of trade and industry.(2) This Law encompasses the applications related with industrial property rights, traditional product names, registrations and post-registration transactions, the legal transactions pertaining to these rights and the legal and penal sanctions pertaining to the violation of these rights.

Definitions ARTICLE 2– (1) The following terms shall apply for the purposes of this Law;a) Emblem: The sign which demonstrates that geographical indications and traditional product

names have been registered in accordance with the provisions of this Law and has been created by the Institute, which is used on the product or package along with the registered name or is kept by the right owning users in an easily visible manner in cases where it cannot be used on the product itself or on its package due to its nature and the use of which is mandatory in terms of geographical indications,

b)Plant species: The plant group within the smallest taxonomic segment which is defined with the presentation of some characteristics exhibited by one or multiple genotypes, distinguished from the other genotypes within the same species with at least one typical characteristic and is accepted as one unit in terms of its suitability to be reproduced without being modified,

c) Biological material: Any substance which contains genetic information and may self-reproduce or may be produced within a biological system,

ç) Budapest Treaty: Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, for which decision was adopted for the participation of the Republic of Turkey into it by the Council of Ministers’ Decision No. 97/9731, dated 05/08/1997 d)Bulletin: The publication in which the topics specified in this Law or regulation are

published regardless of the publication medium, e) Geographical indication: The indication showing the product identified with a location,

area, region or country of origin through an apparent qualification, reputation or other characteristics,

f) Institute: The Turkish Patent Institute, g)Principal biological process: A plant or animal reproduction method composed of a

completely natural process such as hybridization or selection, ğ) Utility model: An invention which provides a novel technical solution to a problem,h)Warranty brand: The mark forbidden to be used in the goods and services of the proprietor

or an establishment economically affiliated with the proprietor, which is utilized by many establishments controlled by the proprietor and serves to guarantee the common features,

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production procedures, geographical origins and quality of the goods and services of those establishments,

ı) Traditional knowledge: The knowledge which is not limited to any specific technical field within traditional life and is ensured to be passed on from generation to generation,i) Traditional product name: The name which refers to the traditional feature and production

method of the product and is conformant to the product instruction manual,j) Genetic source: Genetic material with existing or potential value,k)Board: The Board within the Presidency of the Department of Reexamination and

Evaluation, l) Brand: The mark which serves to distinguish the goods produced or merchandised or the

services offered by an enterprise from the goods or services of other enterprises, m) Brand agent: The persons who represent the applicants and beneficiaries before the

Institute in topics related with brands, designs, geographical indications and traditional product names, provide consultancy, take the relevant steps at the Institute for the protection of the rights of these persons and conduct the relevant transactions,

n) Nice Agreement: The Nice Agreement on the International Classification of Goods and Services for the Purposes of Registering Trademarks, approved by the Council of Ministers’ Decision No. 95/7094, dated 12/07/1995, and its amendments,

o)Microbiological process: Any process comprising a microbiological material, which is performed with a microbiological material or is composed of a microbiological material as a result thereof,

ö) Co-brand: The mark utilized by a group composed of production or merchandising or service establishments and serving to distinguish the establishments in this group from the goods or services of the other establishments, p) Paris Convention: The Convention, dated 20/03/1883, for the Establishment of an

International Union for Protection of Industrial Property, and the relevant amendments duly enforced by the Republic of Turkey in relation with this Convention,

r) Patent: The inventions which provide a novel technical solution to a problem or demonstrate a novel way of doing something, s) Patent agent: The persons who represent the applicants and beneficiaries before the Institute in topics related with patent, utility model and design rights, provide consultancy, take the relevant steps at the Institute for the protection of the rights of these persons and conduct the relevant transactions, ş) Industrial property right: The brand, patent, design, utility model and geographical indication, t) Register: The recording medium comprising the information relating to industrial property rights stipulated by this Law or regulation, u) Design: The appearance deriving from the characteristics such as lines, figures, forms, colors, materials or surface texture on the whole product, or on a part of it or on the ornament on the product, ü) Fee: The total sum of the fee designated by the Institute as per legislative provisions in relation with the services stipulated by this Law or the relevant regulation, the added value of such fee and its tax, where applicable,

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v) Producer: Real persons or legal entities that produce or process agricultural products, foodstuff, metals, handicrafts and industrial products or perform a process which affects the characteristics of the product subject to registration upon being included into the supply chain,y) Producer groups: The union composed of the producers of the same product regardless of their legal formation or composition.

Beneficiaries of protection ARTICLE 3- (1) The real persons or legal entities fulfilling at least one of the following qualifications shall benefit from the protection granted by this Law: a) Citizens of the Republic of Turkey. b) The real persons or legal entities located or involved in industrial or commercial activities

within the borders of the Republic of Turkey. c) Persons entitled to file an application within the framework of the provisions of the Paris

Convention or the Treaty Establishing the World Trade Organization.ç) In accordance with the principle of reciprocity, the persons in the nationality of the states which legally and actually grant the protection of industrial rights to the persons holding the nationality of the Republic of Turkey.

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CHAPTER ONE Brand

PART ONE

Brand Rights and Scope Marks which may be a brand ARTICLE 4- (1) A brand may be composed of any mark such as words, including the names of persons in particular, figures, colors, letters, numbers, sounds and the form of goods or packages, provided that these enable the goods or services of an enterprise to be distinguished from the goods or services of other enterprises and that they may demonstrated on the Register in a manner that enables the clear understanding of the topic of the protection granted to the proprietor. Absolute grounds for refusal in brand registration ARTICLE 5- (1) The following marks shall not be registered as a brand: a) Marks not included into the scope of Article 4,b) Marks which do not hold a distinctive qualification,c) Marks which contain, exclusively or mainly, the marks or names which refer to a type,

variety, qualification, quality, amount, purpose, value, geographical source or which show the time at which the goods are produced or the services are presented or indicate the other characteristics of the goods or services,

ç) Marks which are the same with or non-distinctively similar to a brand which has been registered in relation with the same goods or services or goods or services at the same type or a brand for which a registration application has been filed on a previous date,d) Marks which contain, exclusively or mainly, the marks or names used by everyone in the field of trade or which serve to distinguish those that belong to a specific professional, artistic or commercial group, e) Marks which contain exclusively the form arising due to the nature of the merchandise or which is mandatory to obtain a technical result or which gives the real value to the merchandise, f) Marks which may mislead the public in topics such as the qualification, quality or the

geographical source of the goods or services, g) Marks to be refused as per Article 6ter of the Paris Convention,ğ) Other marks which are not included into the scope of article 6ter of the Paris Convention, but which are relevant for the public, have become public property in terms of historical and cultural values and the coat of arms, signs or names not granted registration permit by competent authorities, h) Marks comprising religious values or symbols,ı) Marks violating public order or morality,i) Marks composed of registered geographical indications or containing registered geographical indications. (2) If a brand has been used prior to the application date and has been granted a distinctive qualification as a result of this use in relation which the goods or services constituting the subject matter of the application, it shall not be refused as per items (b), (c) and (d) of clause one.

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(3) In the event that the notary-public approved permit indicating that the former proprietor explicitly consents with the registration of the application is submitted to the Institute, the application for brand registration shall not be refused as per item (ç) of clause one. The procedures and principles relating to the permit shall be designated by regulation.

Relative grounds of refusal in brand registration ARTICLE 6- (1) In case of the possibility for a brand for which a registration application is filed, to be confused by the public in a manner so as to comprise also the association with a brand which has been registered or for which an application has been filed previously, due to the sameness or similarity with the brand previously registered or for which application has been submitted on a previous date and the sameness or similarity with the goods or services encompassed, the application shall be refused upon objection.(2) The application filed by the commercial agent or representative for the registration of the same or non-distinctively similar version of the brand to his name without the permission of the proprietor and without being based on a justified reason, shall be rejected upon the objection of the proprietor. (3) Following the objection of the proprietor of a non-registered brand or the owner of another sign used during trade, if any rights have been acquired for this sign prior to the application date or the priority date, where available, the application for brand registration shall be refused. (4) The marks recognized within the context of article 6bis of the Paris Convention and the brand registration applications of the same or a similar qualification shall be refused upon objection in terms of the same or similar goods or services.(5) In cases where an unjustified benefit may be obtained by a registered brand or a brand for which the registration application has been made on a previous date, due to the degree of notoriety in the society, the brand reputation may be damaged or its distinctive character may be harmed, the application for the registration of the same or similar brand shall be refused upon the objection of the proprietor of the brand with the previous date regardless of whether the application is made for the same, similar or different goods or services, provided that this is based on a justified ground.(6) In case the brand for which registration application is filed contains the name, trade name, photograph, copyright or any industrial property right that belongs to someone else, the registration application shall be refused upon the objection of the proprietor.(7) The brand registration application filed within three years as of the end of the protection period due to non-renewal of the co-brand or warranty brand, which is the same with or similar to the co-brand or warranty brand and comprises the same or similar goods or services shall be rejected upon the objection of the previous proprietor.(8) The brand registration application filed within two years as of the end of the protection period due to non-renewal of the registered brand, which is the same with or similar to this brand and comprises the same or similar goods or services, shall be rejected upon the objection of the previous proprietor, provided that he has used his brand within this two-year period.(9) Brand registration applications filed in bad faith shall be rejected upon objection. Scope of the rights originating from brand registration and exceptions ARTICLE 7– (1) The brand protection achieved by this Law shall be obtained via registration.

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(2) The rights originating from brand registration shall belong exclusively to the proprietor. The proprietor may request against all that the following actions are prevented:a) The use of any mark which is the same with the registered brand in relation with the same goods or services included into the scope of registration of the brand,b) The use of any mark which is the same with or similar to the registered brand, comprises the goods or service which are the same with or similar to the goods or services encompassed by the registered brand and thus bears the potential of being confused by the public, including also the association of the referred mark with the registered brand,c) The use, without a justified reason, of any mark which is the same with or similar to the registered brand, regardless of whether it is in the same, similar or different goods or services, and which has the potential to obtain an unfair benefit from the reputation of the brand due to the level of notoriety achieved in Turkey or may damage its reputation or harm its distinctive character. (3) The cases indicated below may be prohibited as per the provisions of clause two.a) To place the mark on the merchandise or package,b) To place the merchandise, bearing the mark, on the market or to stock it for this purpose or propose that it may be delivered or present or provide services under that mark, c) To make the merchandise, bearing the mark, enter the customs area, to subject it to a transaction approved by the customs or to enable its use, ç) To use the mark in the business documents and advertisements of the enterprise,d) To use the same mark or its similar version in the form of a domain name, router code, keyword or a similar manner so as to create a commercial effect on the Internet, provided that the person using the mark does not hold the right to use or is not legitimately associated with the use of the mark.(4) The rights granted to the proprietor shall become normative towards third parties as of the publication date of the brand registration. The applicant shall be entitled to sue for damages due to acts which are performed after the publication of the brand registration application on the Bulletin and which may be prohibited in case of announcement of the brand registration. The court shall not adopt a decision in relation with the validity of the claims raised prior to the publication of the registration. (5) The proprietor cannot prevent the honest use of its brand in the following ways by third parties throughout the course of business life in relation with commercial or industrial topics: a) To indicate his name or address. b) To make an explanation on the type, quality, amount, intended use, value, geographical

source, time of production or presentation or on the other qualifications, including names of plant varieties.

c) To use the brand in cases where it is necessary to specify the intended purpose of the goods or services especially in accessories or spare part products.

Inclusion of the brand in dictionaries or works of reference ARTICLE 8- (1) In case a registered brand is published on a dictionary, encyclopedia or another work of reference in a manner so as to appear as a generic name, without indicating that it is registered, the publisher shall correct, upon the request of the proprietor, the mistake in the first edition following the request by adding the brand example and indicating that the brand is registered.

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Use of the brand ARTICLE 9– (1) In case the brand is not used for the goods or services for which it is registered without a valid ground within five years as of the publication of the registration or in case its use is interrupted continuously for a period of five years, it shall be annulled by the competent court. (2) The following cases shall be regarded as use of the brand:a) To use the brand with different elements without modifying its distinctive character,b) To use the brand on goods or packages only for export purposes,c) To use the brand with the permission of the proprietor,ç) To import the merchandise bearing the brand.

Prohibition of the use of the brand on behalf of the commercial agent or representative ARTICLE 10– (1) In case of registration of the brand in the name of the commercial agent or representative without the permission of the proprietor, the proprietor may request the competent court to prohibit the use of its brand, if the proprietor has not granted authority for its use or representative does not have a valid reason.

PART TWO Application

SECTION ONEBrand Application and Priority Right

Application conditions, classification and division ARTICLE 11- (1) The brand registration application shall comprise the following elements.a) The application form, whose format and scope are indicated in the relevant regulation, which contains the information relating to the identity of the applicant, b) Brand sample, c) List of goods or services constituting the subject matter of brand registration application,ç) Information demonstrating that the application fee has been paid,d) In case the application is filed for a co-brand or a warranty brand, the technical

specifications whose procedures and principles have been designated by the relevant regulation within the scope of article 32,

e) Information demonstrating the declaration of the enjoyment of the priority right made within the scope of article 12, and the payment of the fee for requesting for the priority right,

f) In case letters outside the Latin alphabet have been used in the brand sample, their equivalent in the Latin alphabet.

(2) The goods or services constituting the subject matter of the brand registration application shall be classified according to the Nice Agreement.

(3) The fact that the goods or services are in the same class does not result in the presumption that they are similar or the fact that they in different classes does not imply that they are not similar.

(4) The brand registration application may be divided into two or more applications, upon the request of the applicant, in terms of the goods or services within the scope of the application, until the application is registered by the Institute.

(5) The procedures and principles relating to application, classification and division shall be arranged by the relevant regulation.

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Priority right and its effect ARTICLE 12- (1) Real persons or legal entities, or their successors, in the nationality of one of the States party to the Paris Convention or the Treaty Establishing the World Trade Organization or that are not in the nationality of one of these States but are located or have an operating commercial establishment in one of these states, shall benefit from the priority right with regards to the submission of an application in Turkey for the same brand within the scope of the provisions of the Paris Convention and the same goods or services within its scope, within a period of six months as of the date of the application duly filed to competent authorities in any one of the states for the registration of the brand. Priority rights which are not used within this period shall become invalid. (2) In case application is filed on the basis of the priority right within the period indicated in clause one, the applications filed by third parties as of the date on which the priority right originates, which are the same or non-distinctively similar with the brand constituting the subject matter of the priority right and cover fully or partially the relevant brand registration application in terms of goods or services shall be refused or action shall be taken within the framework of clause two of article 22 with regards to the brand registrations filed in their name. (3) The real persons, legal entities and their successors, indicated in clause one, shall benefit from the priority right within the framework of the principles indicated in clause one based on the brand registration application duly filed in a state which is not party to the Paris Convention or the Treaty Establishing the World Trade Organization.(4) Real persons or legal entities, indicated in article 3, that display the goods or services involving the use of the brand constituting the subject matter of the registration application in the national or international exhibitions or fairs opened in Turkey or in the international exhibitions or fairs which are official or are recognized as official and are opened in the states party to the Paris Convention or the Treaty Establishing the World Trade Organization, along with the brand, and that submit the certified sample of the brand, may benefit from the priority right with regards to the filing of an application for the registration of the same brand in Turkey within six months as of the date of display. (5) If the goods or services involving the utilization of the brand indicated in the registration application have been displayed in an exhibition or fair in a visible manner along with the brand prior to the official inauguration date, the period of priority right shall begin as of the date on which the goods are placed in the exhibition or fair or the service is displayed. (6) In case multiple applications have been filed for the goods or services displayed in an exhibition or fair, if the first person that has exhibited these goods or services is also the person who has filed the first application, then that person shall benefit from the priority right if these are displayed at the same time. Request for priority right and its effectivenessARTICLE 13- (1) The applicant shall indicate the priority right he would like to benefit from upon paying the fee for the request along with the application. In case the relevant priority right document is not submitted within three months as of the application date, the request for benefitting from the priority right shall be deemed invalid.(2) The provision and consequences of the priority right shall originate as of the dates

indicated in clauses one, four and five in article 12. (3) The procedures and principles relating to the priority right shall be arranged by the

relevant regulation.

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International brand applications filed within the scope of the Madrid Protocol ARTICLE 14- (1) The Madrid Agreement on the International Registration of Marks, in relation with which decision was adopted with the Council of Ministers’ Decision No. 97/9731, dated 05/08/1997, for the participation of the Republic of Turkey, and an international application in which the Republic of Turkey is an identified contractor within the scope of the referred Protocol, shall give rise to the same outcomes as with an application filed directly to the Institute. This application shall be deemed to have been filed on the first hour and minute of the date of the international application. In case of multiple international applications bearing the same date, the application with the smaller international registration number shall be deemed to have been filed before.(2) An international application shall not be refused due to a brand application or registered brand which was filed after the date of application or priority right, where available, but entered the records of the Institute on a previous date. The brand application or registration bearing a later date shall be re-evaluated in accordance with the provision of clause one in article 16, upon taking into account the international brand application with a previous date. In case the brand with a later date is registered, the provisions of clause two in article 22 shall apply.(3) In cases where the Institute makes a notification of refusal or partial refusal on the basis of article 5 of the Madrid Protocol, the two-month objection period indicated in article 20 shall become effective fifteen days after the date on which the World Intellectual Property Organization has sent the referred notification to the applicant or his agent.(4) The fees charged for the transactions performed by the Institute within the scope of the Madrid Protocol shall be designated by a notification. Procedural review, correction of procedural deficiencies and application date ARTICLE 15- (1) The Institute shall examine procedurally the conformity of the application with the terms stipulated in articles 3 and 11 and the relevant regulation. In case it is decided that there is no procedural deficiency, the application shall become effective as of the date, hour and minute it has been received. In case of detection of procedural deficiencies, a period of two months shall be granted to the applicant for remedying the deficiencies.(2) In case of detection of deficiencies of items (a), (b) and (ç) of clause one in article 11, the application shall become effective as of the date, hour and minute the deficiency is remedied. The deficiencies relating to items (d), (e) and (f) of clause one of the said article shall not impact the effectiveness of the application date.(3) The application whose deficiencies are not remedied within the period granted shall be regarded as withdrawn. However, in case of failure to remedy the deficiencies in the fees related to classes, the application shall be assessed in terms of the class or classes covered by the fee paid. The failure to remedy the deficiencies relating to the priority right as per item (e) of clause one in article 11 shall give rise to the loss of the priority right.(4) The application of real persons or legal entities not included into the scope of article 3 shall be refused. Assessment and publication of the application in terms of the absolute grounds for approval ARTICLE 16- (1) If the Institute decides that the application has no deficiency from a procedural perspective, it shall examine the application according to the provisions of article

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5. The application for goods or services not deemed suitable at the end of the assessment shall be fully or partially refused. (2) The brand registration application which has fully met the application conditions and has not been refused in accordance with the provisions of article 15 and clause one of this article shall be published on the Bulletin. (3) In case decision is adopted for the refusal of the application in accordance with the provisions of clause one in articles 15 and this article, this decision shall also be published.

SECTION TWOViews of Third Parties, Objections and Assessment of Objections

Views of third parties ARTICLE 17- (1) Following the publication of the brand registration application, real persons or legal entities or those representing a group of people may submit to the Institute their written and justified views until the registration of the brand, indicating that the brand registration application may not be registered within the scope of the items excluding item (ç) in clause one of article 5. However, these persons may not be party to the transactions performed before the Institute. (2) The Institute shall evaluate the views within the scope of article 5 and if it comes to the conclusion that the views are valid, it shall refuse, in part or in full, the brand application. Objection to publication ARTICLE 18- (1) The objections indicating that a brand registration application published on the Bulletin should not be registered in accordance with the provisions of articles 5 and 6, shall be filed by the relevant persons within two months as of the publication of the brand application.(2) The objection shall be submitted to the Institute, in written and with its justification. In case of failure to submit the justifications of the objection within the period indicated in clause one, the objection shall be deemed as non-submitted. In order for the objection to be assessed, it is mandatory to pay the fee within the period of objection and to submit to the Institute the information indicating that the fee has been paid. It will not be possible to modify the justifications of the objection and add new justifications following the end of the objection period. Assessment of the objection to publicationARTICLE 19- (1) The Institute shall request the applicant to submit its views regarding the objections. Where deemed necessary, the Institute may request the relevant parties to submit additional information and documents. In case of failure to submit to the Institute, within the relevant period, the counter-views or the additional information and documents requested, the objection shall be evaluated within the scope of the existing information and documents.(2) In the objections made within the scope of clause one of article 6, provided that the brand constituting the justification of the objection is registered in Turkey since at least five years on the application or priority date of the application constituting the subject matter of the objection, the demurrer shall be requested, upon the demand of the applicant, to present evidence demonstrating that the use in Turkey of the brand constituting the justification of the objection within a period of five years prior to the application or priority date of the

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application constituting the subject of the objection in terms of goods or services presented as legal basis or that there were justified reasons for not using it. The objection shall be refused in case of failure of the demurrer to prove these matters. In case it is proved that the brand constituting the justification of the objection is used only for part of the goods or services within the scope of registration, the objection shall be assessed only on the basis of goods or services whose utilization has been proven.(3) In case it is concluded at the end of the assessment that the brand may not be registered for part or all of the goods or services for which application is filed, the application shall be refused in terms of these goods or services. Otherwise, decision shall be adopted for the refusal of the objection. (4) Where deemed necessary, the Institute may invite the relevant parties to reach an agreement; the procedures and principles relating to the agreement shall be arranged by the relevant regulation. (5) The procedures and principles relating to the publication shall be arranged by the relevant regulation.

Objection to decisionARTICLE 20- (1) The persons harmed by the decisions adopted by the Institute within the scope of this Law may object to the Institute against these decisions. The persons that are party to the transactions related with the decisions adopted are entitled to object directly.(2) Objections shall be made to the Institute, in written and with the relevant justification, within two months as of the notification date of the decision. In case of failure to submit the justifications of the objection within this period, the objections shall not be regarded as submitted. In order for the objection to be assessed, it is mandatory to pay the fee within this period and to submit to the Institute the information indicating that the fee has been paid. It will not be possible to modify the justifications of the objection and add new justifications following the end of the objection period. The justifications not indicated in the previous objection cannot be claimed in the objection made against the decision for the refusal of the objection made to the application published. However, the absolute grounds for refusal, other than item (ç) of clause one in article 5 may be presented as justification of the objection. Assessment of the objections to the decision ARTICLE 21– (1) If the relevant department of the Institute identifies that the ground for refusal relating to the decision being objected to has been eliminated, it shall correct the decision. This correction transaction shall not apply for the objections to decisions made against the decisions on the objections to the publication.(2) If a condition which necessitates the correction of the decision as a result of the assessment made within the scope of clause one is not identified, the objection shall be sent to the Board without carrying out any evaluation.(3) The objection is qualified as assessable, the Board shall initiate the transactions for the assessment of the objection. (4) The Board may request the relevant parties to present additional information and documents within the period indicated in the Regulation or submit their counter-views regarding the objections. In case of failure to submit the additional information and documents or counter-views to the Institute within this period, the objection shall be evaluated within the scope of the existing information and documents.(5) The Board shall adopt the final decision of the Institute regarding the objection following its assessment and evaluation.

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PART THREE

Registration, Protection Period and Renewal

Registration ARTICLE 22- (1) An application for which application has been made in full or whose deficiencies have been remedied in accordance with the provisions of this Law and the relevant regulation, which has been assessed in accordance with the provisions of article 16, has been published, for which no objection has been made or where all of the objections have ultimately been refused, for which all relevant phases have been completed upon the submission of the deficient documents to the Institute within the relevant period, shall be registered, recorded on the Register and published on the Bulletin. The brand registration certificate shall be issued upon the submission of the information indicating that the relevant fee has been paid to the Institute. (2) An application registered without the completion of any of the phases indicated in clause one shall not be regarded as a registered brand; the application transactions will be continued from the interrupted phase and this will be published on the Bulletin. In case it is decided to register these applications again, the fee for issuing a registration certificate, which was paid previously, shall not be requested again.(3) The registration shall be explicit and a sample of the register whose content and procedural terms are designated by the relevant regulation will be presented, provided that it is requested and that the relevant fee is paid.

Protection period of the brand and renewal ARTICLE 23- (1) The protection period of the registered brand shall be ten years as of the application date. This period shall be renewed in 10-year periods, upon the request of the proprietor or his agent and provided that information is submitted to the Institute indicating that the renewal fee has been paid.(2) It is necessary to make the renewal request within six months prior to the last day of the month in which the protection period ends and to pay the renewal fee within the same period. In case of failure to make the renewal request or pay the renewal fee within this period, the renewal request can be submitted within the 6-month periods starting on the last day of the month in which the protection ends, provided that an additional fee is paid.(3) The brand may be renewed also for a part of the goods and services covered by

registration. (4) It is sufficient for one of the establishments included into the group to file an application

for the renewal of the co-brand. (5) The renewal shall become effective as of the day following the day on which the protection period ends. The renewal shall be recorded on the Register and be published.(6) The brand right related with non-renewed brands shall terminate on the day in which the protection period ends.

PART FOUR

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Transfer and License Transfer ARTICLE 24- (1) The brand may be transferred for all or part of the goods or services for which it is registered.(2) In case the brand is registered in the name of the commercial agent or representative without the permission of the proprietor, the proprietor may request for the transfer of the registration to him from the competent court, unless there is a justified reason of the commercial agent or representative. (3) The transfer of the assets and liabilities of an establishment shall also cover the transfer of the brands which belong to that establishment, unless a contrary decision is adopted. This provision shall also apply for the commitment relating to the transfer of the establishment.(4) If the transfer of the brand may mislead the public in terms of the qualification and quality of the goods or services for which it is registered or its geographical source and where the transferee does not accept to limit the scope of the brand being transferred with goods or services that will not mislead the public, the Institute shall not record the transfer on the Register. (5) The transfer will be recorded on the Register and be published upon the request of one of the parties and the fulfillment of the other conditions indicated in the relevant regulation. LicenseARTICLE 25- (1) The right of use of a brand may be subjected to a licensing agreement for part or all of the goods or services for which it is registered. (2) A license may be issued in the form of an exclusive or non-exclusive license. Unless a contrary decision is adopted in the agreement, the license is not exclusive and the licensor may use the brand himself and issue other licenses related with the same brand to third parties. In the exclusive licensing agreements, the licensor may not issue a license to others and may not use the license himself either, unless the relevant right is not explicitly reserved.(3) Unless a contrary decision is adopted in the agreement, licensees shall not transfer their rights arising from the license to third parties nor issue any sub-licenses to them. (4) The licensor shall adopt relevant measures to ensure the quality of the goods to be produced or services to be provided by the licensee. The licensee shall be obliged to comply with the provisions of the licensing agreement, designating the period of the license, the brand sample, the scope of the goods or services where the brand will be used, the geographical area where the brand will be used and the quality of the goods to be produced or the services to be provided by the licensee. Otherwise, the proprietor may claim its rights originating from a registered brand against the licensee. (5) The license shall be recorded on the Register and be published upon the request of one of the parties and the fulfillment of the other terms indicated in the relevant regulation.

PART FIVETermination of Rights

SECTION ONE

Invalidity and Annulment of the Brand

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Invalidity and cases of annulment ARTICLE 26- (1) Decision shall be adopted by the court for the invalidity of the brand in case of presence of the cases stipulated in articles 5 and 6. (2) The court shall decide for the annulment of the brand in the following cases:a) In case of presence of the conditions stipulated in clause one of article 9, b) In case the brand has become a generic name for the goods or services for which it is

registered, as a result of the acts of the proprietor or the failure to adopt relevant measures, c) In case the brand misleads the public especially with regards to the qualification, quality,

site of manufacture or geographical source of the goods or services for which registered by the proprietor or as a result of the use permitted by the proprietor,

ç) In case of uses which violate article 32. (3) In case the brand has been significantly used with regards to the goods or services in which it is registered during the period between the expiration of the 5-year period and the date on which lawsuit is filed, the annulment requests relating to item (a) of clause two shall be refused. If the utilization has been made with the belief that a lawsuit will be filed, the court shall not take into account the utilization which has been made within three months prior to the filing of the lawsuit. (4) If a brand has been registered in violation of items (b), (c) and (d) in clause one of article 5 and has acquired a distinctive qualification after registration in relation with the goods or services in which it is registered as a result of the use, it cannot be made invalid.(5) If the conditions of invalidity or annulment are associated with part of the goods or services in which the brand is registered, decision shall be adopted for partial invalidity or annulment. No decision shall be adopted for invalidity or annulment that may modify the brand sample.

Lawsuit for invalidity and annulment ARTICLE 27- (1) Real persons or legal entities that are harmed, Public Prosecutors or relevant public authorities may request the invalidity or annulment of the brand from the court.(2) The lawsuits on the invalidity and annulment of the brand shall be filed against the persons recorded as proprietor on the Register on the date of the lawsuit and their legal successors. The Institute cannot be involved as a party in such lawsuits.(3) If the proprietor remains silent for five consequent years despite the fact that he knows that a brand with a later date is utilized, it cannot claim its own brand as a justification for invalidity as long as the brand with the later date is not registered in bad faith.

Impact of invalidity and annulment ARTICLE 28- (1) In case decision is adopted for the invalidity of the brand as per clause one of article 26, this decision shall be effective as of the application date for brand registration and the protection provided to the brand shall be regarded as not effectuated at all. (2) In case decision is adopted for the annulment of the brand as per clause two of article 26, this decision shall become effective as of the date on which the annulment lawsuit is filed. However, the court may decide to make the annulment decision become effective as of the relevant date in case the reasons for the annulment have originated on a prior date and where requested. (3) Without prejudice to the claim for damages of those that are harmed due to the gross negligence or conduct in bad faith of the proprietor, the retrospective effect of the decision

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for invalidity and for annulment arranged with the second sentence of clause two shall not impact the following situations:a) Finalized and enforced decisions issued in a lawsuit filed prior to the decision due to the violation of the rights granted by the brand. b) Agreements signed and implemented prior to the decision.(4) Request can be made for the partial or full restitution of the fee paid in accordance with the agreements encompassed by item b of clause three.(5) A finalized court decision relating to the invalidity or annulment of a brand shall be effective on everyone. Following the finalization of the invalidity or annulment decision, the court shall send this decision ex officio to the Institute. Following the finalization of the decision for invalidity or annulment, the brand shall be deleted from the Register and this will be published on the Bulletin.

SECTION TWOTermination of Brand Right

Termination and its consequences ARTICLE 29- (1) The brand right shall be terminated in the following cases:a) Expiration of the protection period and non-renewal of the brand within the relevant

period, b) Waiver of the brand right by the proprietor.(2) The termination of the brand right shall become effective as of the moment the reason for termination is effectuated. The termination of the brand right as per item (b) of clause one shall be published on the Bulletin. (3) The proprietor may waive of all or part of the goods or services within the scope of the registration of the brand. The waiver shall be reported to the Institute in written.The waiver shall become effective as of its date of being recorded on the Register.(4) The proprietor shall not waive of its brand right unless this is permitted by the beneficiaries and licensors recorded on the Register. If a third person claims for right for ownership on the brand and the injunction adopted with regard to this topic is recorded on the Register, it will not be possible to waive of the rights arising from the brand without the permission of the relevant person.(5) The brand application may be withdrawn by the applicant prior to the registration of the brand. The provisions related with the waiver of the brand right shall apply also for the withdrawal of the brand application.

PART SIXViolation of Brand Rights

Acts regarded as violation of brand rights ARTICLE 30- (1) The following acts shall be regarded as violation of the rights granted by the brand: a) To use the brand in the ways described in article 7 without the permission of the

proprietor. b) To imitate the brand upon using the brand or its non-distinctively similar version without

the permission of the proprietor. c) To sell, distribute or place on the commercial field in another way, perform a transaction or use approved by the customs authority defined in item (14) of clause of in

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article 3 of the Customs Law No. 4458, dated 27/10/1999 or keep for commercial purposes the product bearing the brand used by means of violation, despite the knowledge or the need to know that the brand is imitated, upon using the brand or its non-distinctively similar version.ç) To expand without permission the rights granted via license by the proprietor or to transfer these rights to third persons. (2) The provisions of item two of article 19 may be asserted in defense in violation lawsuits.

Penal provisions relating to the violation of the rights granted by the brand ARTICLE 31- (1) A person who produces goods or services upon violating the brand rights of someone else via adaptation or excerption, offers for sale or sells them, subjects them to a transaction or utilization approved by customs, purchases, keeps, ships or stocks them for commercial purposes shall be sentenced to an imprisonment of one to three years and a judicial fine of up to twenty-thousand days.(2) The person who removes in an unauthorized manner the mark placed on the merchandise or package with brand protection shall be sentenced to an imprisonment of one to three years and a judicial fine of up to five-thousand days. (3) The person who takes action, in an unauthorized manner, on the brand right which belongs to someone else, upon transferring, licensing or pledging it, shall be sentenced to an imprisonment of two to four years and a judicial fine of up to five-thousand days. (4) In case the offenses defined in the clauses mentioned above are committed within the framework of the activity of a legal person, specific safety measures will also be applied on them. (5) It is mandatory for the brand to be registered in Turkey in order to impose penalties due to the crimes defined in abovementioned clauses. (6) The investigation and prosecution of the offenses defined in abovementioned clauses shall be performed on complaint. (7) No penalty shall be imposed on the person who offers for sale or sells the merchandise produced upon imitating a brand where the rights are owned by someone else, reports the source from which he has procured this merchandise and thus enables the discovery of the producers and the seizure of the goods produced.

PART SEVEN Warranty Brands and Co-Brands

Technical specifications of the warranty brand or the co-brand ARTICLE 32– (1) In order for a warranty brand or co-brand to be registered, it is mandatory to submit the technical specifications indicating the method or form of usage of a brand along with the application. (2) The technical specifications of the warranty brand shall comprise provisions on the common characteristics of the goods or services guaranteed by the brand, the utilization methods of the brand, the way in which inspections will be conducted following the issuance of the right for using the brand and the frequency of these inspections as well as the sanctions to be imposed in case of utilization in violation of the technical specifications. (3) The technical specifications for the co-brand shall also indicate the establishments authorized to use the co-brand, the membership conditions of the group laid down by these establishments, the terms of use of the brand and the sanctions, if any. All of establishments

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included into the group shall act together for the registration of the co-brand and the waiver of the right of the co-brand. (4) The establishments included into the group authorized to use the co-brand shall also be authorized to file a lawsuit alone. (5) The amendments to be made in the technical specifications shall not be applied unless approved by the Institute. (6) In case the technical specifications do not comprise the terms indicated in clauses two and three or violate public order or morality, the Institute shall inform the proprietor for the conduct of relevant amendments in the technical specifications. In the proprietor does not make the relevant amendments within six months as of the notification date and does not correct the technical specifications, the warranty brand or the registration request of the co-brand shall be refused. (7) If the proprietor does not adopt the relevant measures for preventing the use of the warranty brand or the co-brand in violation of the technical specifications in a continuous manner and the persons who are harmed do not correct the referred illegal use within the period to be granted by court upon the application of public prosecutors or one of the relevant public authorities, decision shall be adopted by court for the annulment of the brand.

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CHAPTER TWOGeographical Indications and Traditional Product Names

PART ONE

Rights of Geographical Indications and Traditional Product Names Products covered by protection ARTICLE 33– (1) Any type of product conforming to the terms stipulated in this Chapter among agricultural products, foodstuff, metals, handicrafts and industrial products, composed with the combination of natural and human elements, may benefit from geographical indication or traditional name protection, provided that they are registered. Designation of origin, geographical indication and traditional product nameARTICLE 34- (1) Geographical indications shall be registered designation of origin or geographical indication.(a) The names defining the products originating from a district or region with designated geographical borders or from a country in exceptional cases or whose principle characteristics derive from natural and human elements specific to the geographical area, whose production, processing and all other transactions are carried out within these geographical areas constitute the designation of origin. (b) The names defining products originating from a district or region with designated geographical borders or from a country, that are identified with this geographical area due to a distinct qualification, reputation or other characteristics, whose production or processing or at least one of the other transactions is carried out within the borders of the geographical area are geographical indications. (2) Also names which are traditionally used for indicating a product bearing the terms stipulated in clause one, even if they do not comprise a geographical name, used in daily language and which do not comprise the name of a geographical location may be a designation of origin or a geographical indication. (3) Names not included into the scope of designation of origin or geographical indication, which express the traditional characteristic and production method of the product, proven to be used for at least thirty years in the relevant product market and which conform with the product instructions are traditional product names. Names which will not be registered ARTICLE 35– (1) The following shall not registered as a geographical indication:a) Names and indications not included into the scope of article 34,b) Names which have become the essential name of products, c) Plant species and varieties, animal races or similar names which may mislead the public

with regards to the real source of the product, ç) Names which are against public order and morality,d) Names which are not protected in their own country, whose protection is expired or are not

used even though they fulfill the conditions stipulated in article 3,

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e) Names which are completely or partially homonymous with a geographical indication for which application is filed and which may mislead the consumers.

(2) The following shall not be registered as a traditional product name:a) Names not fulfilling the conditions relating to the traditional product name stipulated in

article 34, b) Names referring to the special characteristic of the product, c) Names which may mislead the public with regards to the qualification of the product,ç) Names which are against public order or morality,f) Names which are not protected in their own country, whose protection is expired or are not

used even though they fulfill the conditions stipulated in article 3,

PART TWO

Applications and Objections

SECTION ONEApplication for Geographical Indications and Traditional Product Names

Right for application ARTICLE 36- The following shall be entitled to file an application for the registration of geographical indications and traditional product names: a) Producer groups, b) Public agencies and institutions and professional organizations qualified as public institutions related with the product or the geographical area from which the product originates, c) Associations which work for public interest in relation with the product or are authorized to protect the economic interests of its members,ç) In case the product has only one producer, the relevant producer provided that this is proven.

Application conditionsARTICLE 37– (1) The application for a geographical indication or traditional product name shall comprise the following elements:a) Application form whose format and scope have been designated by the relevant regulation

and comprising also the information relating to the identity of the applicant,b) Information indicating that the application fee has been paid,c) The other matters envisaged in the relevant regulation.

Assessment and publication of the application ARTICLE 38- (1) The Institute shall assess the conformity of the registration application of the geographical indication or traditional product name with the terms stipulated in this Law and the relevant regulation in accordance with articles 34 and 37.

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(2) In case the information indicating that the application fee has been paid or the information relating to the identity of the applicant is not included into the application form, the application shall be deemed as not effectuated. The decision relating to the fact that the application shall be deemed as not effectuated will be the final decision of the Institute and will not constitute subject matter of an objection within the scope of article 40.(3) In case it is detected that the terms stipulated in article 37 are not fulfilled in the application, except for the information indicating that the application fee has been paid and the information relating to the identity of the applicant, the Institute shall notify the applicant and request for the remedy of the referred deficiencies within the period envisaged in the regulation. In case of failure to remedy the deficiencies within the envisaged period, the application for the geographical indication or traditional product name shall be refused.(4) The Institute may request the view of specialized public agencies or organizations, universities or impartial private organizations for the evaluation of the technical information, where the procedures and principles will be designated by the relevant regulation.(5) The applications for geographical indications or traditional product names deemed suitable upon being assessed within the scope of this article shall be published on the Bulletin. (6) The elements indicated in the regulation shall be included into the publication of the applications.

Applications of foreign originARTICLE 39- (1) Without prejudice to the provisions of international agreements, the following conditions shall also be sought for the enforcement of the provisions of this Law on the applications for geographical indications or traditional product names which are of foreign origin: a) The geographical indication or traditional product name, constituting the subject matter of

the application, is protected by the source country or the international community into which it is included.

b) The inspection conditions stipulated in article 49 are fulfilled in the source country.c) The source country provides an equal protection to the registration applications for

geographical indications or traditional product names to be filed in Turkey.(2) If the application for the geographical indication or traditional product name of foreign origin is the same with a geographical indication or traditional product name protected in Turkey, the assessment shall be made upon taking into account the regional and traditional use and the risk of similar names to be confused with each other by the consumers. Permission shall be granted for the use of such geographical indications and traditional product names only if the source country is clearly and visibly indicated on the label.

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SECTION TWOObjections and Assessment of Objections

Objections and assessment of objections ARTICLE 40- (1) The applicant may submit a justified and written objection in relation with the application refused within the framework of article 38 within two months as of the notification date of the decision.(2) Based on the claim that the request for registration does not comply with articles 34, 35, 36, 37 and 39, third parties or any right owner of a previous date within the scope of article 48 may file a justified and written objection within three months as of the date on which the application is submitted on the Bulletin. The applicant shall be requested to submit its counter-views upon providing information to him that objection has been made within the framework of the principles set forth in the relevant regulation. (3) In order for the objection to be assessed, it is mandatory to pay the fee within the period of objection and to submit to the Institute the information indicating that the fee has been paid. Otherwise, the objection shall not be deemed to have been made. No fee shall be charged for the objections made by public institutions.(4) The objections made in accordance with clauses one and two shall be assessed by the Board within the framework of the principles indicated in the regulation. The Board may request the view of one or more specialized public agencies or organizations, universities or objective private organizations for the evaluation of the matters claimed, where the procedures and principles will be designated by the relevant regulation(5) Where deemed necessary, the Institute may invite the parties to reach an agreement. The procedures and principles of the agreement will be designated by the relevant regulation.(6) In case of amendment in the format or scope of the application following the assessment of the objection, the final version of the application shall be published on the Bulletin by indicating separately the section that has been amended. No objection can be made to this publication. (7) In case of refusal of the application upon objection, the relevant decision shall be published on the Bulletin.

SECTION THREE

Registration and Amendment Requests Registration ARTICLE 41– (1) An application for which no objection has been made within three months as of the its publication date on the Bulletin, in which the objections made have ultimately been refused or which has undergone amendments as a result of the evaluation of the objections shall be registered provided that the fee for the issuance of the registration certificate is paid within two months as of the notification date and that the information

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indicating this payment has been made is submitted to the Institute, and will be published on the Bulletin.(2) The procedures and principles relating to the recording on the Register, publication and documentation shall be designated by the relevant regulation. The Register shall be public. Modification requests and correction of mistakes ARTICLE 42– (1) In case of amendment in the scope of the registered geographical indication or traditional product name, beneficiaries may request for the recording of such amendment on the Register, provided that the relevant fee is paid. The procedures and principles relating to the amendment shall be designated by the relevant regulation. (2) The amendment request shall be assessed within the scope of article 38 and the amendments which are deemed suitable will be published on the Bulletin. Objection can be made against the amendments within three months as of its publication date. These objections shall be assessed on the basis of article 40. In case of objections as a result of the assessment or if no objection has been made, the amendments shall be published on the Bulletin and become finalized as of this date. The modifications shall be enforced within the relevant parties latest within one year as of the publication date.(3) The amendments carried out in the address, title or type of applicant or registration holder of the geographical indication or traditional product name shall be recorded on the Register, provided that the points stipulated in the regulation are fulfilled, and will be published on the Bulletin. Change in the application or registration ownership Article 43– (1) The right for the geographical indication and traditional product name shall not be subject to licenses, transfers, transfers by inheritance, seizure and similar legal transactions and shall not be supplied as a collateral. (2) In case the court decides that the applicant or registration holder of the geographical indication or traditional product name does not fulfill the conditions stipulated in articles 36 and 49 and the ex officio detection of this situation by the Institute or the reporting of the declaration on the change of ownership by the applicant or the registration holder in written to the Institute, this decision, designation or declaration will be published on the Bulletin. The relevant parties may request for application or registration ownership within three months as of the publication date. In case of no request or disapproval of the requests, the right for the geographical indication or traditional product name shall terminate and this will be published on the Bulletin. In case of multiple requests, the Institute shall accept the most suitable request conforming to the procedure designated by the relevant regulation.(3) In case the applicant or the registration holder reaches an agreement with those who fulfill the conditions stipulated in articles 36 and 49, the request for the change of ownership shall be made to the Institute provided that the documents indicated in the regulation and the relevant fee is paid. In case the request is accepted, the change in ownership shall be published on the Bulletin.

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(4) The Institute may request for the submission of additional information within the period indicated in the relevant regulation; in case of no submission, the objection shall be assessed within the scope of the current information and documents.

PART FOUR Scope of the Right, Utilization and Inspection

Achievement of protection of the geographical indication and the scope of the rights originating from the registration ARTICLE 44– (1) The protection of the geographical indication relating to a product shall be obtained via registration within the framework of this Law.(2) The persons entitled to file an application for geographical indication and use the registered geographical indication shall hold the right to prevent that the following is performed by third parties; a) Use directly or indirectly for commercial purposes the geographical indication or the emblem envisaged to be used as per article 46 in a manner that may provide benefit based on the reputation of the geographical indication although it does not bear the product characteristics guaranteed by the geographical indication or in relation with products encompassed by registration or the products qualified in a manner that may be associated with these,b) Make misleading use of or imitate a product which does not bear the characteristics encompassed by the registration of the registered geographical indication or is similar in a manner that may be associated with it, even if contains descriptions indicating the real origin or qualification of the product or contains terms such as “in the style of”, “in the fashion of”, “in the type of”, “with the method of”, “as produced there”, or is translated into another language,c) Include any erroneous or misleading description or indication on the immediate or outer package of the product bearing the name of the registered product on it, on the promotion and advertisement of on any written document related with the product, in relation with the registered natural or principle qualifications and characteristics as well as the origin of the product,ç) Use the emblem belonging to the name of the registered product in a way that misleads the consumers. (3) The rights provided by the registration of the geographical indication shall become effective as of the date on which the registration against third parties is published on the Bulletin However, the applicant shall be entitled to sue for claims due to the acts which have been performed after the publication of the application on the Bulletin and which may be prohibited although the registration of the geographical indication has been published. The court shall not adopt a decision prior to the publication of the registration on the Bulletin in relation with the validity of the claims asserted.

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(4) It shall not be accepted that the geographical indications which have been registered have become the essential name of the product.

(5) The geographical indication which has been registered shall not grant any exclusive right to the registration owner.

Scope of rights originating from the registration of the traditional product ARTICLE 45- (1) The beneficiaries of the protection of the traditional product name shall be entitled to request the following acts of third parties:a) Use for commercial purposes the emblem envisaged to be used as per article 46 in a manner that may provide benefit based on the reputation of the product although it does not bear the product characteristics guaranteed by the traditional product name or in relation with products that resemble the products within the scope of registration. b) Use the emblem belonging to the name of the registered product in a way that misleads the consumers. (2) The rights provided by the registration of the traditional product name shall become effective as of the date on which the registration against third parties is published on the Bulletin However, the applicant shall be entitled to sue for claims due to the acts which have been performed after the publication of the application on the Bulletin and which may be prohibited although the registration of the traditional product name has been published. The court shall not adopt a decision prior to the publication of the registration on the Bulletin in relation with the validity of the claims asserted.(3) The traditional product name which has been registered shall not grant any exclusive right

to the registration owner.(4) The protection provided to traditional product names within the scope of this Law shall not harm the rights acquired within the scope of the other industrial property rights starting with geographical indications and brands. Use of registered geographical indication and traditional product name ARTICLE 46– (1) Registered geographical indications and traditional product names shall be used by those involved in the production or marketing of the products that fulfill the conditions indicated in the Register.(2) The persons who hold the right to use the registered geographical indication or traditional

product name shall use the referred indication or name on the product or package along with the emblem indicated in detail in the relevant regulation and composed by the Institute.

(3) In cases where the geographical indication or the traditional product name may not be used together with the emblem on the product itself or on its package, the emblem and the registered indication or name shall be kept in an easily visible manner in the relevant establishment within the framework of the principles designated by the relevant regulation by those who hold the right to use.

(4) The use of the traditional product name without the emblem shall not be subject to the provisions of this Law.

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Use in good faithARTICLE 47– (1) The provisions of article 44 shall not apply for the geographical indications which have been used continuously for a period of at least ten years before April 15, 1994, which is the signature date of the Treaty Establishing the World Trade Organization or have been used in good faith prior to the referred date. (2) The use of the names of real persons or the titles of legal entities by the referred persons or their successors in a manner that does not mislead the public during trade shall not be regarded as violation of the conditions described in articles 44 and 45. Relation with brands ARTICLE 48– (1) The brand application filed in order to be used in the ways described in article 44 following the registration of the geographical indication or for the goods or services related with the geographical indication subject to registration shall be refused; such application may become invalidated via a lawsuit in case it has been registered.(2) If a brand which is the same with or similar to the geographical indication, has been registered in good faith or where the right to use this brand has been acquired in good faith and if this has happened prior to the protection of the geographical indication, the powers granted to the beneficiary of the geographical indication shall not harm the registration application and the use of the brand in good faith.(3) The registration of the names which may harm the existence of the brand or may be misleading on its real origin due to being the same with or similar to this brand, upon considering the reputation and prestige of a registered brand and its period of use, as a geographical indication or traditional product name shall not be permitted upon the objection of the beneficiary of the previous date. Inspection of utilizationARTICLE 49- (1) The inspection of geographical indications and traditional product names shall comprise all activities related with the inspection of the conformity to the characteristics indicated in the registration during the production of registered geographical indications and traditional product names, at the market placement or distribution phases or their use when the product is on the market.(2) The inspection shall be carried out by the inspection authority that is proposed by the applicant, whose competence is approved by the Institute or who has been authorized by legislation. The inspection authority may be changed, except for those authorized by legislation, upon the approval of the Institute. (3) The inspection reports shall be prepared once every two years as of the date on which the registration is published on the Bulletin and will be submitted to the Institute within the three consequent months. However, in case of complaint, the inspection report may be requested to be prepared before the preparation period of the inspection report.(4) In case deficiencies are detected following the assessment of the inspection reports, the registration holder shall be notified thereof and will be requested to remedy them within six months. In case it is identified that the inspection activity has not been duly carried out, the provisions of article 43 shall apply.

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(5) The procedures and principles relating to the inspection shall identified by the relevant regulation. The provisions of Law No. 5996, dated 11/06/2010, Regarding Veterinarian Services, Plant Health, Food and Feed and the provisions stipulated in other laws shall remain reserved.

PART FIVE Termination of the Right

SECTION ONE Invalidity

Request for invalidation and cases of invalidity ARTICLE 50- (1) The invalidity of the geographical indication or traditional product name may be requested by the beneficiaries from the competent court. (2) The competent court may decide on the invalidation of the registered geographical indication or traditional product name in the following cases; a) The registration does not fulfill any one of the conditions stipulated in articles 34, 35, 37 and 39, b) The registration is not carried out by those who hold the right for application in accordance with article 36, c) The inspection transactions are not fulfilled as stipulated in article 49.(3) The lawsuit related with the invalidity of the geographical indication or traditional product name shall be filed to the person registered as the registration holder in the Register. The Institute shall not be involved as a party in these lawsuit.

Impact of invalidity ARTICLE 51– (1) In case the court decides for the invalidity of the geographical indication or traditional product name, the protection granted by this Law for the registered geographical indication and traditional product name shall be deemed as not to have been effectuated at all. (2) Without prejudice to the right for compensation of those who incur a loss due to the acts in bad faith of the owners of the right to use the geographical indication or traditional product name, the invalidity of the geographical indication or traditional product name shall not be impacted retrospectively in the following cases;a) Finalized and enforced decisions adopted due to the violation of the rights granted by the registration prior to the decision on the invalidity of the registration,b) Agreements which were signed and enforced prior to the decision on the invalidity of the registration. (3) The fee which has been paid in accordance with the agreements encompassed by item (b) of clause two may be requested to be partially or fully returned in order to achieve equity.(4) The finalized court decision shall be reported ex officio to the Institute by the court. The geographical indication or traditional product name which has been invalidated after the notification of the decision shall be deleted from the Register and the information related with the deletion transactions shall be announced on the Bulletin.

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SECTION TWOWaiver of Ownership Rights

Waiver of the rights and liabilities granted by registration ARTICLE 52- (1) The owner of the registration of geographical indication or traditional product name may waive of the rights granted by the registration and of the liabilities related with the inspection of its use. The request for waiver shall be published on the Bulletin.(2) In case of request for registration ownership by those who fulfill the conditions stipulated in article 36 within the three-month period following the publication on the Bulletin, such request shall be assessed within the framework of the provisions of article 43.(3) In case no request is made for registration ownership within the three-month period, the registration of the geographical indication or traditional product name shall be deleted from the Register by the Institute at the end of the 3-month period. The waiver shall become effective as of the recording date on the Register.

PART SIXViolation of Rights

Acts regarded as violation of the right of geographical indications ARTICLE 53– (1) The following uses of the registered geographical indication shall be regarded as violation of the right for the geographical indication: a) Use directly or indirectly for commercial purposes the geographical indication or the emblem envisaged to be used as per article 46 in a manner that may provide benefit based on the reputation of the geographical indication although it does not bear the product characteristics guaranteed by the geographical indication or in relation with products encompassed by registration or the products qualified in a manner that may be associated with these.b) Misuse of the geographical indication, its imitation or its use in an evoking manner even if it comprises the real origin of the product or the translation of the geographical indication or explanations such as “in the style of”, “in the fashion of”, “in the type of”, “with the method of” or “as produced there”.c) Include any erroneous or misleading description or indication on the immediate or outer package of the product bearing the geographical indication, on its promotion or any written document about the product, in relation with the qualifications and origin of the product within the scope of the registration. ç) Use the emblem related with the geographical indication in a manner which misleads the consumers.

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(2) Those entitled to use the geographical indication may request for the filing of a lawsuit upon informing via the notary-public the owner of the registration about the acts regarded as violation of the rights originating from a geographical indication. In case the registration holder does not accept the request or does not file a lawsuit within three months as of the notification date, those who hold the right for use may file a lawsuit upon adding also the notification. The lawsuit filed shall be reported to the registration holder. However, when faced with the danger of a serious loss, those who hold the right for use may request the court to decide for an injunction without being bound to a specific period. In case of adoption of a decision of injunction, the expiration of the period indicated for filing a lawsuit shall not be awaited. (3) The failure to place the record indicating that the geographical indication is registered on the product, package or invoice, does not stop the act from being a violation. However, the records and signs related with the registration shall be taken into account during the evaluation of the defect. (4) If the application for the geographical indication is published, the applicant shall hold the right to file a civil suit in relation with the geographical indication due to the violations indicated in this article. If the violator has been informed about the application and its scope, non-publication of the application shall be disregarded. If the court rules that the violator is in bad faith, it will be accepted that the violation existed also prior to the publication of the application. Acts regarded as violation of the rights granted by the traditional product name ARTICLE 54- (1) The use of the registered traditional product name by those who do not hold the right for use in the following manner shall be regarded as violation of the rights granted by the traditional product name: a) The use, for commercial purposes, of the emblem envisaged to be used as per article 46,

although it does not bear the product characteristics guaranteed by the traditional product name, together with the registered product name and thus enabling its use in a manner so as to obtain benefit in any form from the prestige of the product or the use of the emblem allocated in the name of the registered product in relation with products resembling the products encompassed by the registration.

b) The use of the emblem in a manner which misleads the consumers. (5) In case it is detected by those who hold the right for use for the traditional product name that the rights have been violated, request can be made by these persons for filing the relevant lawsuit upon notifying, via a notary-public, the registration holder. In case the registration holder does not accept the request or does not file a lawsuit within three months as of the notification date, those who hold the right for use may file a lawsuit upon adding also the notification. The lawsuit filed shall be reported to the registration holder. However, when faced with the danger of a serious loss, those who hold the right for use may request the court to decide for an injunction without being bound to a specific period. In case of adoption of a decision of injunction, the expiration of the period indicated for filing a lawsuit shall not be awaited.

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(6) If the application for the traditional product name is published, the applicant shall hold the right to file a lawsuit due to the violations indicated in this article in relation with the traditional product name. If the violator has been informed about the application and its scope, non-publication of the application shall be disregarded. If the court rules that the violator is in bad faith, it will be accepted that the violation existed also prior to the publication of the application.

CHAPTER THREEDesign

PART ONE Design Right and Scope

Design and product r) ARTICLE 55- (1) Design is the appearance deriving from the characteristics such as lines, figures, forms, colors, materials or surface texture on the whole product, or on a part of it or on the ornament on the product, (2) The product refers to any object produced industrially or manually, except for computer programs, as well as the a composite product or the parts composing this product, objects such as packages, the presentations of multiple objects perceived together, graphical symbols and typographic characters. (3) A composite product refers to the product which may be modified upon being dismantled and mounted or is composed of renewable parts.

Novelty and distinctiveness ARTICLE 56- (1) A design shall be protected within the scope of the rights granted by this Law provided that it bears a novel and distinctive qualification. (2) The design of a part of a composite product shall be accepted to have a novel and distinctive characteristic only if it fulfills the following conditions: a) When the part is mounted on the composite product, the composite product shall have the appearance as in its normal use. b) The visible characteristics of the part shall fulfill the conditions of novelty and distinctive qualification. (3) The normal use indicated in this article refers to the use by the end user, excluding maintenance, service or repair works. (4) In case the same version of the design is not presented to the public in any place prior to the application or priority date, then that design will be regarded as novel. If the designs differ only in terms of small details, they shall be accepted as the same. (5) If the overall impression generated by the design on the informed user is different than the general impression generated by any design presented to the public prior to the application or priority date, this design will be accepted to have a distinctive qualification. (6) The degree of freedom held by the designer in developing the design shall be taken into account in the evaluation of the distinctive qualification.

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Presentation to the public ARTICLE 57- (1) Presentation to the public comprises exhibition, placing into the market via means such as sales, utilization, description, publication, promotion or activities of a similar purpose. The disclosure of the design to a third person with the condition of confidentiality shall not be regarded as presentation to the public.(2) If a design with request for protection is presented to the public within one year prior to the application date of the priority date in case of request for priority by the designer or his successor or by a third person with the permission of these persons or through abuse of the relationship with the designer or his successor, such disclosure shall not impact the novelty and the distinctive qualification of the design. Scope of protection and cases outside protection ARTICLE 58- (1) The holder of the design right may use the rights originating from this Law against all designs which do not bear a distinctive qualification compared to his own design.(2) The degree of freedom held by the designer in developing the design shall be taken into account in the evaluation of the scope of protection.(3) The design protection granted within the framework of this Law shall not harm the protection envisaged in case of fulfillment of the conditions sought in the Law on Intellectual and Artistic Works. (4) The following conditions are excluded from the scope of protection:a) Designs violating public order or morality,b) The appearance characteristics necessitated only by the technical function of the product, c) The appearance characteristics of the products which need to be produced in certain forms

and sizes to enable the product where the design is used or on which it is applied, to be mechanically mounted on or be connected to another product,

ç) Designs comprising inappropriate use of the sovereignty signs included into the scope of article 6ter of the Paris Convention and of the marks, coat of arms, emblems, signs or names not included into this scope but which are relevant for the public, have become public property in terms of historical and cultural values and have not been granted a registration permit by relevant authorities.(5) The designs within a modular system composed of different or matching units, provided that they fulfill the provisions stipulated in article 56 of this Law, which ensure that these units are connected with each other in a finite or infinite manner in various forms are included into the scope of protection. Scope and limitations of the design right ARTICLE 59- (1) The rights and powers for the use of the design belong exclusively to the owner of the right. Third parties cannot produce, place on the market, sell, take the necessary steps to make an agreement for, import, use for commercial purposes or keep for such purposes a product which is designed within the scope of protection or on which such design is applied without the permission of the holder of the design right.(2) The following acts shall be excluded from the scope of the design right:

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a) Acts which are restricted with a special purpose and do not bear a commercial purpose, b) Experimental acts,c) Duplications for educational or reference purposes, provided that they are compatible with rules of integrity in commercial practice, do not jeopardize unnecessarily the normal use of the design and provide reference, ç) The equipment in the maritime vessels or air vehicles registered in foreign countries and which are located within the borders of the Republic of Turkey, the spare parts and accessories imported in order to be used for repairing these vessels/vehicles and the act of repairing these vessels/vehicles. (3) The use of the parts which depend on the appearance of the composite product for repair purposes in order to make the composite product re-gain its original appearance, provided that there is no misleading information on the source of these parts, shall not be regarded as violation of the design right. Rights originating from previous use ARTICLE 60- (1) Third parties who started to use in Turkey a design included into the scope of protection of the registered design and was prepared independently from the registered design, prior to the date for registration application or for the priority right, for commercial purposes in good faith, and who have made serious and effective preparations for this purpose, shall be granted the right to use the design at a degree that may cover the reasonable requirements of the establishment, due to the previous use, provided that this is limited to these preparations. The right originating from the previous use shall be recorded on the Register and be published. (2) The right originating from the previous use shall not be expanded and transferred upon the issuance of a license; however, in case this right holder is an establishment, the transfer of the right may be possible with the transfer of the relevant establishment.

PART TWOApplication, Assessment and Registration

SECTION ONE

Application for Design, Priority Right and Assessment

Application conditions, classification and multiple applicationsARTICLE 61- (1) The application for the registration of a design shall comprise the following elements: a) Application form whose format and scope are indicated in the regulation and which

contains the information relating to the identity of the applicant, b) Visual description reflecting the appearance of the design, which is suitable for duplication

via publication, c) Name of product where the design is used or on which it is applied,ç) Name of the designer or the names of designers in the designer group,

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d) The way in which the right for requesting registration may be obtained from the designer(s),

e) Request, if any, for postponing the publication, f) Information on the agent, in case an agent has been appointed.

(2) Furthermore, the instructions explaining the visual description or sample of the design may be provided and the class of products in which the design is used or on which it is applied may be indicated in the application. The product name, class and the information provided in the instructions included into the scope of this article shall not impact the scope of protection. (3) It is necessary to pay the relevant fees for the completion of the transactions relating to the design registration application. (4) Any type of document to be submitted to the Institute along with the design registration application or later shall comprise the points indicated in the regulation.(5) The principles stipulated in the Locarno Agreement for the International Classification of Industrial Designs, approved with the Council of Ministers’ Decision No. 97/9731, dated 05/08/1997, shall be applied in the classification of the products where the design is used or on which the design is applied.(6) The written statements indicated on the visual description of the design, stipulated in item (b) of clause one shall not provide any exclusive right on the concepts they refer to.(7) The registration request for multiple designs may be performed under multiple applications, provided that an additional application fee is paid. In multiple applications, each product where the design is used or on which it is applied, except for ornaments, should be included into the same class. (8) Designs which constitute a multiple application or multiple registration may be evaluated separately in the enforcement of this Law. (9) If registration application has been made for designs which do not fulfill the conditions stipulated in clause one in the multiple application or if the number of designs has surpassed the number stipulated in the regulation, the Institute shall request for the submission of a divided application for these designs. The application date for each application for each divided application shall be the first application date. If a priority right has been requested in the first application, this right shall also be granted for each divided application.(10) The designer shall be indicated in the application within the scope of item (ç) of clause one. In case the name of the designer is not specified, the designer shall have the right to request for the indication of his name as a designer. However, the designer may also request that his name is kept confidential. If the applicant is not the designer or is only one or a few of the designers, the way in which the applicant has acquired the right to file an application for the design from the designer or designers shall be explained in line with the relevant regulation.

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Priority right and its impact MADDE 62- (1) Real persons or legal entities, or their successors, in the nationality of one of the States party to the Paris Convention or the Treaty Establishing the World Trade Organization or that are not in the nationality of one of these States but are located or have an operating commercial establishment in one of these states, shall benefit from the priority right with regards to the submission of an application in Turkey for the same design within the scope of the provisions of the Paris Convention within a period of six months as of the date of the application duly filed to competent authorities in any one of the states for the registration of the design or utility model. Priority rights which are not used within this period shall become invalid. The priority rights not used within this period shall become invalid. It is necessary to receive the priority right certificate from the competent authority to which the first application is made in order to benefit from the priority right.(2) In case application is made based on the priority right within the period indicated in clause one, the applications included into the scope of application for design registration subjected to priority right, filed by third parties and the design registrations granted in their name shall not be effective as of the date on which the priority right originates.(3) If real persons or legal entities or their successors indicated in clause one have duly filed an application for the registration of a design in a state which is not party to the Paris Convention or the Treaty Establishing the World Trade Organization, they may benefit from the priority right within the framework of the principles stipulated in clause one.(4) A consequent application filed to the same state on the same topic with the previous application shall be regarded as the first application in the designation of priority on the date in which the consequent application is made, provided that the previous application is withdrawn without being opened to public assessment and leaving any right behind, is regarded as withdrawn or is rejected and does not constitute the basis for the request for a priority right. The previous application shall no longer constitute a basis for the request for a priority right.(5) The provisions indicated above shall also apply the real persons or legal entities stipulated in item (ç) in clause one of article 3. (6) Real persons or legal entities, indicated in article 3, that display a design for which a registration application is made or the product on which the design is applied in the national and international exhibitions or fairs opened in Turkey or in the international exhibitions or fairs which are official or are recognized as official and are opened in the states party to the Paris Convention or the Treaty Establishing the World Trade Organization may benefit from the priority right with regards to the submission of an application in Turkey within six months as of the date of display in the relevant exhibition or fair.(7) If the design for which a registration application is made or the product on which the design is used has been displayed in a visible manner in the exhibition or fair prior to the official inauguration date, the period of priority shall begin as of the date on which the product is placed in the relevant exhibition or fair.(8) In case multiple design applications have been filed for a product which is the same with or similar to a product displayed in an exhibition, the person who has first exposed this product in the exhibition shall benefit from the priority right, while the person who files the

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first application shall benefit from the priority right if the product is displayed in the exhibition and is exposed at the same time. Request for the priority right and its effectiveness ARTICLE 63- (1) The request for the priority right must be filed during the application. It is necessary for these documents relating to this request to be submitted to the Institute within three months as of the application date. Otherwise, the request for benefitting from the priority right shall not be regarded to have been made.(2) The enforcement and results of the priority right shall arise as of the application date on which the priority right is requested as per clause one of article 62 or as of the dates indicated on clauses six and seven of article 62.(3) In case multiple priority rights are requested for a design, the priority right shall begin as of the date of first effective priority right. (4) The priority right originating from displays in exhibitions or fairs shall not extend the priority period granted as per clause one of article 62.(5) The procedures and principles related with the request for priority shall be arranged by the relevant regulation.

Assessment ARTICLE 64- (1) The Institute shall assess the conformity of the application to the conditions stipulated in articles 61 and 63. If the Institute decides that there is no deficiency in terms of the conditions stipulated in items (a) and (b) of clause one in article 61, the application for the design registration shall become finalized as of the date, hour and minute on which the application is received by the Institute. (2) In case the deficiencies identified in the assessment carried out as per articles 61 and 63 of this Law are remedied within the period granted, the design registration application shall become finalized as of the date on which the application is first filed. However, in case the deficiencies related with the information and documents indicated in items (a) and (b) of clause one in article 61 are remedied within the relevant period, the application for the design registration shall become finalized as of the date on which these deficiencies are remedied. The initial date of the protection shall be the date on which the application is finalized. (3) In case the deficiencies identified are not remedied within the relevant period, the design

registration application shall not be regarded to have been effectuated.(4) The failure to remedy the deficiencies despite the request for the priority right will only

give rise to the loss of the priority right.(5) The Institute shall refuse the following design registration requests; a) Those which do not conform to the definition of design or product,b) Those which violate public order or public morality, c) Those filed by real persons or legal entities not included into the scope of article 3,ç) Designs comprising inappropriate use of the sovereignty signs included into the scope of article 6ter of the Paris Convention and of the marks, coat of arms, emblems, signs or names not included into this scope but which are relevant for the public, have become public

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property in terms of historical and cultural values and have not been granted a registration permit by relevant authorities, d) Those identified not to be novel.(6) If the reasons for refusal are associated only with a part of the design within the scope of items (b) and (ç), a partial decision for refusal shall be adopted only for that part. In order to ensure the continuation of the registration as a result of the refusal, it is necessary for the remaining part to fulfill the conditions for protection.

SECTION TWORegistration and Publication

Registration, publication and documentation ARTICLE 65- (1) The design registration application with finalized application date and which has not been refused in accordance with the provision of article 64 shall be recorded on the Register as a registered design, will be published on the Bulletin and a design registration certificate will be issued. (2) The procedures and principles related with the registration, publication and documentation transactions within the scope of this article shall be arranged by the relevant regulation. Postponement of the publication ARTICLE 66- (1) The applicant may request for the postponement of the publication for a period of thirty-six months starting from the application or the priority date, where available, during the application. (2) The design application with request for postponement of publication and which has not been refused as per the provisions of article 64 shall be registered and recorded on the Register. However, the visual description of the design and the information and documents related with the application dossier shall remain closed to the assessment of third parties. (3) The Institute shall publish on the Bulletin its notification on the postponement of the publication related with the design recorded on the Register.(4) The Institute shall open all records and documents related with the application to the assessment of third parties at the end of the period for the postponement of the publication or on a previous date upon the request of the right holder and publish it as indicated in the relevant regulation. However, if the publication fee has been paid by the owner of the design right before the publication and if a sample of the product where the design is used or on which it is applied is submitted during the application, it shall be mandatory to submit the visual description of the design conforming to the publication. In case of failure to fulfill the conditions stipulated in the regulation within the period indicated, it shall be accepted that the design recorded on the Register is invalid as of the date of application.(5) The provisions of this article may apply also for a part of the designs in the application in multiple applications.(6) It is necessary for the information on the Register record and application dossier to be reported to the defendant party in order for a lawsuit, taking as basis a registered design, to be filed within the publication postponement period.

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(7) The publication date of the registered design with postponed publication shall be the date on which the visual descriptions are published.

SECTION THREE

Objections and Assessment of Objections

Objection to the decision and registration ARTICLE 67- (1) The applicants may file a justified and written objection within two months as of the notification date of the relevant decision, against the decision adopted as per article 64. (2) Third parties may submit a written objection to the issuance of a registration certificate within three months as of the publication date of the design registration upon claiming that the design does not conform to the definitions stipulated in clauses one and two of article 55, does not fulfill the conditions stipulated in articles 56 and 57, is included into the scope of clause four of article 58 and item (c) in clause five of article 64, that the application is in bad faith and that it constitutes an unauthorized use of intellectual or industrial property right. The objections shall be reported to the holder of the design registration for the expression of his views. (3) It is mandatory to pay the relevant fee within the objection period and submit to the Institute the information indicating that the fee has been paid for the assessment of the objection filed within the scope of clause two. Assessment of the objection ARTICLE 68- (1) The objections to be made as per article 67 shall be assessed by the Board.(2) The views of the applicant shall be received, where deemed necessary, during the assessment of the objections made against the decisions adopted in accordance with article 64. (3) The objections and counterviews will be communicated to relevant parties and their views will be received, where deemed necessary, during the assessment of the objections made against the decisions adopted in accordance with article 67. The demurrer may be requested to provide additional information and documents within one month as of the notification date. In case of failure to present the additional information and documents requested within this period, the objection shall be evaluated within the scope of the existing information and documents.(4) In case it is detected that there are deficiencies in the application within the scope of article 64 and the provisions of the regulation throughout the objection period and at the objection assessment phase, the transactions shall be continued from interrupted phase and this will be published on the Bulletin, where deemed necessary.(5) In case the objection made in accordance with clause two in article 67 is accepted, the registration of the design shall be annulled. In the event that the objection made to a part of the design on the ground of the unauthorized use of the intellectual property right as per items (b) and (ç) of clause five in article 64, is accepted, the registration of that part shall be annulled. It is necessary for the remaining part to fulfill the protection conditions for the

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continuation of the registration as a result of the partial annulment. The design registrations which have not been subjected to an objection but are required to be annulled as understood from the documents annexed to the objection during the assessment of an objection made to a multiple application, shall be annulled ex officio in accordance with the procedure stipulated in clause three.(6) The annulment of the registration shall make applicable the provisions of article 81. The annulment decision shall be published on the Bulletin.

SECTION FOUR Protection Period and Renewal

Protection period of the design and renewal ARTICLE 69- (1) The protection period of registered designs shall be five years as of the application day. This period may be extended up to twenty-five years in total upon being renewed in five-year periods. (2) The design registration shall be renewed upon the request of the holder of the design right and provided that the information indicating that the renewal fee has been paid is submitted to the Institute. (3) It is necessary for the renewal request to be made within the six months prior to the last day of the month in which the protection period end and to pay the renewal fee within the same period. In case no renewal request is made within this period or the renewal fee is not paid, the renewal request may be filed within a period of six months starting on the day following the last day of the month in which the protection period ends, provided that an additional fee is paid. (4) The renewal shall become effective as of the day following the day on which the previous protection period ends. The renewal shall be recorded on the Register and will be published on the Bulletin. (5) The design right relating to the designs which are not renewed shall terminate on the day on which the protection period ends.

PART THREE Right Ownership and Seizure

Right ownership ARTICLE 70- (1) The design right belongs to the designer or his successors and may be transferred. (2) Even if there is multiple ownership on the right originating from the design application or registration, such ownership may not transferred or they may not be divided for the allocation of the rights.(3) In case the design has been created with the joint contribution of multiple persons, it may be accepted that, unless there is a contrary agreement between the parties, the designers

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are right holders according to the principles of joint ownership on the design. Each right holder may perform the following transactions in his name independently from the others: a) They may act freely with regards to their share. In case the share is transferred to a third party, the other shareholders shall have a preemptive right. The transfer of the share shall be made in written and be recorded on the Register. In order for the shareholder to use his preemptive right, this shall be reported to the other stakeholders within two months. The preemptive right shall be used within one month as of the announcement of the notification. b) They may use the design upon notifying the other right holders.c) The acts related with the design right necessitate unanimous voting of the right holders unless there is a contrary agreement. However, in case of failure to achieve unanimous voting regarding the issuance of a license, the court may grant to only one of the right holders the right to issue licenses in order to achieve equity. ç) In case the design application made jointly or the violation of the rights arising from the design in any form, a civil lawsuit may be filed against third parties. In this case, the party filing the lawsuit should make a notification within one month to the other right holders in order to enable them to participate in the lawsuit (4) The warrant of distrain or the order of bankruptcy shall be applied on the economic value to be obtained by the relevant partner from his rights on the design and these decisions shall not restrict the design right of the other partners. Seizure of design ARTICLE- (1) In case the design registration application is filed by a person who is not a real right holder or if the design is registered in the name of this person, the person claiming to be the real right holder may request the court for the transfer of the ownership of the design right to him, without prejudice to the other rights and requests arising from the design right.(2) In case a partial right is claimed on the design, request can be made for the recognition of a joint right ownership according to the provision of clause one of this article. (3) The right of request and action stipulated in clauses one and two may be used within two years as of the publication date of the registered design and until the end of the protection period of the registered design right in case the person who is not the real right owner is in bad faith.(4) The lawsuits filed in accordance with the provisions of this article and the requests claimed in the lawsuit the final judgement to be made at the end of the lawsuit or all other conditions which terminate the lawsuit in any manner, shall be recorded on the Register upon request and will be published on the Bulletin. They will become effective and have consequences against third persons in good faith as of the date on which they are recorded on the Register.(5) If the design application is registered when the lawsuit is still ongoing, the replevin of the application shall be transformed into a replevin of the design.

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Outcomes of termination of seizure ARTICLE 72- (1) In case the ownership of the design right is amended according to the provisions of article 71, all rights of third parties related with that design shall end upon the recording of this amendment on the Register. (2) If the person who is later identified not to be the real right holder or the person who has signed a licensing agreement with him began to use the design before the date on which the real right holder was recorded on the Register or initiated serious preparations for such use, he may request, within two months, the real right holder(s) to issue a non-exclusive license. This period shall begin as of the date on which the fact that the real holder of the design rights is recorded on the Register has been reported to the relevant parties by the Institute.(3) In case the person who is later identified not to be the real right holder or who has received a license, initiated the use or made significant preparations for use is in bad faith, the provisions of clause two shall not apply.

PART FOUR Designs of Employees

Right for ownership in service relations and other business transactionsARTICLE 73- (1) Unless the contrary is understood from the special agreement between them or from the nature of the business, the right holders of the designs created during the business relationship by the employees as per the activity they are liable for in an establishment or a public administration or mostly based on the experience and work of the enterprise or public administration shall be those who employ them. (2) The right holders of the designs created by the employees upon benefitting from the knowledge and tools in the general field of activity at the workplace where they work shall be those who employ them, where requested, in accordance with the provisions of this Law.(3) The provisions related with the designs of employees shall apply for the designs created as a result of the scientific studies or researches carried out in the higher education institutions defined in item (c) of clause one in article 3 of Law on Higher Education, with no. 2547, dated 04/11/1981 and the higher education institutions affiliated with the Turkish Armed Forces and the Law Enforcement Agency, without prejudice to the special law provisions. (4) The provisions applied for the designs of employees shall also apply for the designs of the employees of public agencies and institutions, members of the armed forces, students and trainees who render service free of charge for an unspecified period, without prejudice to special law provisions and the provisions of the agreements signed between the relevant parties.(5) The employees may adopt decisions as they wish on the designs not included into the scope of clauses one and two. (6) In the designs prepared within the framework of the work contract outside the service relation, the right holder shall be the employer, unless there is a contrary agreement. (7) The provisions related with the employees in this Law shall not be amended in a manner so as to be to the disadvantage of employees.

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Notification liability in the designs of employees ARTICLE 74- (1) When an employee creates a design within the scope of clauses one and two of article 73, he shall be obliged to report this design in written without delay to his employer along with visual descriptions. The employer shall report in written without delay the notification date of the notification received to the person(s) that made the notification.(2) The employee shall indicate in the notification his experiences and work, the contribution of other employees, if any, the instructions received and the share of his contribution. (3) Within one month as of the date of receipt of the notification, the employer shall report to the employee the points which need to be corrected in the notification. In case no request is made by the employer about the correction of the referred notification within one month, the notification made by the employee as per clause one shall be deemed valid even if it does not fulfill the relevant conditions.(4) It is necessary for the employer to provide the necessary support in order to enable the employee to make a notification as envisaged in the Law. Right of the employer on the design ARTICLE 75- (1) The employer shall be obliged to report its demand for right on the design in written within two months as of the date of receipt of the notification made by the employee as per article 74. In case such a notification is not made to the employee within the relevant period or it is notified that there is no demand for right, the right of the employer on the design shall be eliminated. (2) In case a claim is made by the employer on the design created by the employee, all the rights will be transferred to the employer upon the receipt of the relevant notification by the employee. (3) Any action made by the employee on the design prior to the claim for right by the employer on the design shall be deemed invalid to the degree that they violate the rights of the employer.

Fees in the claim for right on the designs created by an employee ARTICLE 76- (1) If an employer makes a claim for right on the design created by an employee, the employee may request the employer to pay him a reasonable fee.(2) The economic assessability of the design, the duty of the employee in the establishment and the share in the creation of the design shall be taken into account in the calculation of the fee.(3) After making a claim on the design created by the employee, the employer shall not refrain from paying the fee originating from the design right upon asserting that the design is not worth to be protected. However, in case the court rules as a result of the lawsuit filed by or against the Institute with regards to whether the design is protectable, the employee shall not claim for a fee. (4) The fee and the mode of payment following the claim for right of the employer on the design created by the employee shall be designated by a contract signed between the employer and the employee or the provisions of a similar legal relationship.

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(5) In case the design has been created by multiple employees, the fee and the mode of payment shall be designated separately for every one of them in accordance with clause four.(6) The agreements signed between the employer and employee on the designs of employees shall be deemed invalid in case they are not equitable, even if they do not violate the mandatory rules on the designs of employees. The same rule applies also for the fee designated. (7) In case the objections claiming that the agreement or the fee designated is not equitable are not reported in written latest within six months as of the termination of the employment contract, no claim can be made on violation of equity. (8) The sharing of the revenue obtained from the designs created in higher education institutions within the scope of clause three in article 73 between the higher education institution and the designer shall be arranged in the regulation in a manner so as to ensure that at least half of the revenue is given to the designer.(9) The fee schedule relating to the designs of employees and the arbitration procedure to be pursued in case of disaccord shall be arranged by a Regulation to be issued within three months as of the enforcement date of this Law upon receiving the views of the professional organizations at the highest level by the Ministry of Science, Industry and Technology. (10) The provisions of the agreement shall be taken as basis in the designation of right ownership of the designs created as a result of the work conducted by the faculty members, trainees and students defined in item (l) of clause one in article 3 of Law No. 2547 with other public institutions or private organizations within the scope of a specific agreement.

PART FIVE

Licensing Agreements License ARTICLE 77- (1) The right for use of the registered design or design application may be subject to a licensing agreement so that it applies in a general or specific geographic area.(2) A license may be issued in the form of an exclusive or non-exclusive license. Unless a contrary decision is adopted in the agreement, the license is not exclusive and the licensor may use the brand himself and issue other licenses related with the same brand to third parties. In the exclusive licensing agreements, the licensor may not issue a license to others and may not use the license himself either, unless the relevant right is not explicitly reserved.(3) Unless decided otherwise in the agreement, the licensors shall not transfer the rights originating from the license or issue a sub-license to third parties.(4) Unless decided otherwise in the agreement, the person receiving the licensing right may take any action relating to the use of the design throughout the period of the license. Yet, if the licensor detects that any provision on the period of the agreement, the way the design is used, the series of products for which license is issued and the quality of the products produced by the licensee is violated by the licensee, he may use the rights originating from this Law.(5) The license shall be recorded on the Register upon the signed request of one of the parties indicating the application or registration number of the design, provided that the

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documents indicated in the regulation are delivered and that the relevant fee is paid, and will be published on the Bulletin. Liability originating from the transfer of the right or issuance of a license ARTICLE 78- (1) In case it is identified later that the person who has transferred or issued a license for a registered design or a design application is not authorized to perform these transactions, the referred person shall be responsible of this situation against relevant parties. (2) If decision is adopted for the withdrawal, refusal of the design application, the annulment or invalidity of the design registration, the provisions of article 81 shall apply in case of failure of the relevant parties to foresee a more extensive responsibility in terms of the person transferring the right or issuing a license. The period for claiming for damages arising from the provision of this article shall being on the date of finalization of the court decision based constituting the basis of the lawsuit on responsibility. The provisions of the Turkish Obligations Code, with No. 6098, dated 11/01/2011, shall apply for the period of limitation.

PART SIXTermination of Rights

SECTION ONEInvalidity of the Design

Reasons of invalidity ARTICLE 79- (1) The competent court shall decide on the invalidity of the design right in the following cases; a) In case it is detected that it does not conform to the definitions stipulated in clauses one and two in article 55, does not fulfill the conditions stipulated in articles 56 and 57, it is included into the scope of clause four in article 58 and item (c) of clause five in article 64, that the application is in bad faith and that it gives rise to the authorized use of an intellectual or industrial property right, b) In case it is detected that the right ownership stipulated in articles 70 and 73 in this Law belongs to another person/other persons, c) If the application date of the same or similar design later disclosed to the public precedes the application date of a registered design. (2) In case of acceptance of the request for invalidity relating to a part of the design on the ground of the unauthorized use of the intellectual and industrial property rights based on items (b) and (ç) of clause five in article 64, the registration of that part shall become invalid. In order to ensure the continuation of the registration as a result of partial invalidity, it is necessary for the remaining part to fulfill the conditions for protection.

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Request for invalidity ARTICLE 80- (1) The invalidity of the design may be requested by everyone except for the conditions indicated in clause two.(2) The invalidity of the design may be claimed only by the previous right owner as per item (c) of article 79 and only by the persons holding the design right if based on articles 70 and 73. (3) A lawsuit may be filed for the invalidity of the design throughout the protection period or within five years following the end of protection.(4) The lawsuit for the invalidity of the design shall be filed against the person recorded as the owner of the design certificate on the Register when the lawsuit is filed. In order to ensure the participation of the persons regarded to hold a right on the design according to the Register shall also be notified.

Impact of invalidity ARTICLE 81- (1) In case decision is adopted for the invalidity of the design right, the outcomes of the decision shall have a retrospective effect and the protection provided by this Law shall be regarded as not to have originated at all from a legal perspective.(2) Without prejudice to the claim for damages of those who are harmed by the acts in bad faith of the holder of the design rights, the retrospective effect of the invalidity shall not impact the following: a) The decisions which have been finalized and enforced due to the violation of the rights granted by the design prior to the decision for invalidity,b) The agreements signed and enforced prior to the decision for invalidity.(3) In order to achieve equity, request can be made for the full or partial return of the fee paid in the agreements stipulated in item (b) of clause two.(4) The final court decision on the invalidity of the design right shall be effective against everyone. Following the finalization of the decision for invalidity, the court shall send this decision ex officio to the Institute. The design which has been rendered invalid by the finalized court decision shall be deleted from the Register by the Institute and this will be published on the Bulletin.

SECTION TWO Termination of Design Right

Termination and its consequences ARTICLE 82- (1) The design right shall terminate in case of fulfillment of one of the following conditions; a) Expiration of the protection period or failure to renew the registration for registered

designs, b) Waiver of the right by the right holder,and the right holder shall not use the rights granted by this Laws.

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(2) The owner of the design registration or the applicant may fully or partially waive of his design right, provided that the points stipulated in the regulation are fulfilled.(3) It is mandatory for the waiver to be reported in written to the Institute. Waiver of the design registration shall become effective as of the recording date on the Register and will be published on the Bulletin. (4) The design owner shall not waive of this right without the permission of the right and license holders recorded on the Register. (5) In case a right ownership on the design is claimed by a third person and the injunction adopted on this topic is recorded on the Register, the rights originating from the design shall not be waived without the permission of this person.

PART SEVEN Violation of Design Rights

Acts regarded as violation of design rights ARTICLE 83- (1) The following acts shall be regarded as violation of the design right: a) To produce, place on the market, sell, take the relevant steps in order to sign an agreement for, use for commercial purposes or keep for such purposes, place on the commercial field in another way or perform a transaction or use approved by the customs authority defined in item (14) of clause of in article 3 of the Customs Law No. 4458, dated 27/10/1999, the product which is same with the product where the design, included into the scope of protection as per the provisions of this Law, is used or on which it is applied, or a product which does not hold a distinctive qualification as a general impression, without the permission of the design right holders. b) To expand without permission the rights granted by the design right owner via a license or to transfer these rights to third persons. c) The seizure of the design. (2) If the design registration application is published upon being registered as per article 65, the owner of the design registration shall be entitled to file a civil lawsuit due to the violations indicated in this article with regards to the design right. If the violator has been informed about the application and its scope, non-publication of the registration shall be disregarded. If the court rules that the violator is in bad faith, it will be accepted that the violation existed also prior to the publication. (3) The failure to place the record indicating that the design under protection is registered on the product, package or invoice, does not stop the acts indicated in this article from being a violation of the design right.

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CHAPTER FOUR

Patents and Utility Models

PART ONEPatent Rights

SECTION ONE

Patentability Conditions Patentable inventions and exceptions of patentability ARTICLE 84- (1) New inventions which involve an inventive step and may be applied in industry shall be granted a patent and be protected.(2) The following shall not be regarded as invention. In case a patent application or the patent is related with the topics or activities mentioned below, only this topic or these activities shall be excluded from patentability.a) Discoveries, scientific theories and mathematical methods,b) Schemes, rules and methods for performing mental acts, playing games or doing business,c) Source codes and object codes related with computer programs,ç) Works of an aesthetic qualification, d) Non-technical methods related with compilation, organization, presentation and delivery of

information. (3) The following inventions shall not be protected by being granted a patent:a) Inventions violating public order or morality,b) Except for microbiological processes or the products thereof, plant or animal varieties or biological processes for the production of plants or animals, c) All therapeutic methods including the diagnostic methods and surgical methods to be applied on the human or animal body,ç) Simple discovery of one of the elements of the human body including the human body and a gene sequence or a partial gene sequence in various stages of formation and development,d) Human cloning processes, processes for modifying the germ line genetic identity of human beings, the use for human embryos for industrial or commercial purposes, processes for modifying the genetic identity which are likely to cause them suffering without any substantial medical benefit to man or animal and also animals resulting from such processes.(4) The fact that the commercial use of the invention is prohibited only by legislation within the scope of item (a) of clause three, does not mean that this use may violate public order or morality. (5) The provision stipulated in item (c) of clause three shall not apply to the products used any of the methods indicated in this item, and especially for the substances and preparations.

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Innovation, inventive steps and industrial applicationARTICLE 85- (1) An invention is considered to be new if it does not form part of the state of the art. (2) The term state of the art comprises any publicly accessible information, document and data which has been presented in any part of the world via written or verbal promotion prior to the application date or which has been used or disclosed in any other form. (3) The first content of national patent and utility model applications published on the application date or after this date and with a date preceding the application date shall be considered as state of the art. This provision shall also comprise the patent and utility model applications filed via international agreements and entered the national phase in line with the relevant procedures and patents and utility models.(4) The invention which is not concrete according to the expert in the relevant technical field considering its state of the art shall be accepted to involve an inventive step.(5) The content of the applications and documents considered as state of the art as per clause three shall not be taken into account in the evaluation of the inventive step.(6) If the invention is qualified to be produced or used in any brand including agriculture, it will be accepted to have industrial application.

Remarks not impacting the issuance of a patent or utility model to the invention ARTICLE 86- (1) If a priority right has been requested within twelve months preceding the application date, although this does not impact the issuance of a patent or utility model to an invention, the fact that a remark is made in the following situations within twelve months preceding the date of the priority right shall not impact the issuance of a patent or utility model to an invention; a) If the remark is made by the inventor, b) If the remark is made by an authority and the information declared by this authority comprises the following: 1) The inventor has made another application and the referred application is disclosed by an authority although this should not have been disclosed,2) A third party who has acquired information directly or indirectly from the inventor has filed an application without the knowledge or permission of the inventor,c) The remark is made by a third person who has acquired information directly or indirectly from the inventor. (2) According to clause one of this article, each person who is entitled to request for a patent or utility model on the date on which application is made shall be regarded as the inventor. (3) The results arising from the enforcement of clause one of this article shall not be time limited and may be claimed at any time. (4) The party claiming that this clause should be implemented in the enforcement of clause one of this article shall be obliged to prove that the conditions have been fulfilled or are expected to be fulfilled.

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SECTION TWO

Scope of Patent Rights Scope and limitations of patent rightsARTICLE 87- (1) The patent right owners may benefit from the patent right regardless of the place of invention, field of technology and whether the products or imported or locally produced. (2) The patent owner is entitled to prevent third persons from carrying out the following without permission: a) Produce, sell or import product which is subject of a patent or to keep it for any reason other than personal need for these purposes.b) Use a procedure which is subject for a patent. c) Propose others to use a procedural patent the use of which is known or should be known to be prohibited. ç) Sell, use, import products which are obtained directly via the procedure which is subject to a patent or to keep them for any reason other than personal need for these purposes.(3) The protection granted to the patent owner shall also be granted to the owner of the utility model. (4) The following shall not be included into the scope of the right granted by a patent:a) Acts which do not have an industrial or commercial purpose and are limited to a special purpose.b) Experimental acts comprising the invention which is subject to a patent.c) Experimental acts comprising the invention which is subject to a patent, including the

registration of medicines and the relevant tests and experiments.ç) The use of the medicines prepared in pharmacies only for dispensing a prescription without mass production and the acts related with the medicines prepared in this manner.d) The use of the invention which is subject to a patent in the production or operation of the ships, space crafts, planes or road transport vehicles of states party to the Paris Convention or for fulfilling the requirements of these vehicles, provided that these vehicles are located within the borders of the Republic of Turkey on a temporary or random basis.e) The acts related, related with the aircrafts of a state, envisaged in article 27 of the Convention on International Civil Aviation, dated 07/12/1944, and for which the provisions of this law apply. (5) The small farmers defined in Law Regarding the Protection of Breeders’ Rights for New Plant Varieties, with No. 5042, dated 08/01/2004 are entitled to use the production material obtained from a product resulting from the production performed on the land he has cultivated himself with a patented product sold by the patent owner or with his permission or via another commercial method for new productions to be performed again on the land he is cultivating himself. This right shall be subject to the provisions of law No. 5042. (6) Farmers shall be entitled to use for agricultural purposes the patented breeding or other animal reproduction materials sold by the patent owner or with his permission or obtained via other commercial means. This right shall encompass the use of the animal or other animal

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reproduction materials by the farmer for enabling his to maintain his agricultural activities. The procedures and principles related with the enforcement of the use of this right shall be designated by the relevant regulation. (7) The subject of a patent shall not be used in a manner which harms laws, morality, public order or general health. This use shall be bound to legal prohibitions and limitations of a finite or infinite period, which exist and will be accepted in the future.

Prevention of the indirect use of the invention ARTICLE 88- (1) The patent owner is entitled to prevent third persons from giving the elements and tools related with a part which enables the implementation of the invention which is subject to the patent and constitutes the essence of the invention, to persons who are not authorized in the use of the invention which is subject to the patent. It is necessary for the referred third persons to know that these elements or tools are sufficient to implement the invention and that they will be used for this purposes or this condition should be sufficiently clear in order for this provision to be applicable. (2) If the elements or instruments stipulated in clause one are products which are always available on the market, the provision of clause one shall not apply unless third persons provoke unauthorized persons to perform the referred acts.(3) Those who perform the acts indicated in items (a), (b), (c) and (ç) of clause four in article 87 shall not be regarded as persons not authorized to use the patent as per the provisions of clause one. Rights originating from previous use ARTICLE 89- (1) The patent applicant or the patent owner shall not have the right to prevent the persons who began to use the invention in good faith or have adopted significant and real measures for its use prior to the application date from continuing to use the invention which is subject to the patent in the same manner or begin to use it in line with the measures adopted. However, the continuation of the use of the invention which is subject to the patent by the referred persons or its use in line with adopted measures shall be at a degree which fulfills the reasonable requirements of the establishment they own. This right for use may only be transferred along with the relevant establishment. (2) The acts related with products placed on sale by the persons mentioned in clause one shall remain outside the scope of the right granted by the patent.

Legal monopolyARTICLE 90- (1) When a patent is granted for an invention related with the topics included into the sphere of activity of the public economic enterprises whose capital is fully owned by the State and which have been established for the purpose of producing and marketing goods and services which have a monopolistic characteristic upon observing public interest and which are thus whose goods and services produced for this public service are regarded as privileged, the ability of the owner of the monopoly to use the invention is bound to the permission of the patent owner. The owner of a monopoly is obliged to implement, upon

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obtaining the right of use, the inventions which may enable a considerable technical advancement in the industrial field where they operate.(2) The owner of a monopoly shall hold the right to request the patent owner to issue a permission for the use of the invention which is subject to the patent. When the owner of a monopoly makes such a request, the patent owner may request him to take over the patent from him. The fee to be paid in return for the use of the invention which is subject to the patent or the taking over of the patent by the owner of the monopoly shall be designated by the relevant parties. In case no agreement is reached with regards to this topic, the fee shall be designated by court. (3) Without prejudice to the provisions in clause two of this article, if the monopoly has been formed after the issuance of the patent, the patent owner shall be entitled to request the owner of the monopoly to take over also the establishment or facility where the invention is being used. In case no agreement is reached with regards to this topic, the fee shall be designated by court. (4) If the invention which is subject to a patent cannot be used due to a current legal monopoly, the annual of the referred patent shall not be paid. Effects of the publication of patent applications ARTICLE 91- (1) The protection provided to the patent owner in accordance with the provisions of this Law shall be granted on a temporary basis also for the applicant of the patent as of the date on which the patent application is published on the Bulletin.(2) If the person using the patent which is subject to the patent without the permission of the patent applicant, has been informed about the patent application and its scope, the protection mentioned in clause one shall apply also for the date prior to the publication of the application.(3) If the invention which is subject to the patent application is related with microorganisms, the protection shall begin when the microorganisms become accessible.(4) In case of withdrawal of the patent, its consideration as withdrawn or its refusal, the outcomes stipulated in the clauses above shall be regarded as not originated.

Scope of protection ARTICLE 92- (1) The scope of the patent application or the protection is provides shall be designated by claims. Furthermore, instructions and pictures shall be used in interpreting the claims. (2) The interpretation of the claims shall not be limited to the meaning assigned by the words used. However, in the designation of the scope of protection, the claims shall not be expanded in a manner so as to comprise also the characteristics which have been considered by the inventor but have not been requested in the claims, but may arise in the interpretation of the instructions and pictures by person who is expert in the relevant technical field. (3) The claims shall be interpreted in a manner so as to provide protection to the applicant or patent owner and reflect a reasonable degree of precision in terms of the scope of the protection also for third parties.

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(4) The scope of the protection provided by the patent application shall be designated by the claims in the application which have been published, for the period elapsing until the issuance of the patent. However, the submitted version of the patent or the modified version as a result of objections or invalidity transactions shall designate the protection provided by the application retrospectively, provided that the area of protection is not expanded.(5) Also the elements qualified as equivalent to the elements indicated in the claims on the date when the existence of violation has been asserted shall be taken into account in the designation of the scope of the protection provided by the patent application or the patent. If an element actually has the same function as an element requested in the claims, performs that function in the same manner and provides the same result, it will generally be accepted as the equivalent of the element requested in the claims.(6) The declarations of the patent applicant or patent owner shall be taken into account in in the designation of the scope of protection during the transactions related with the issuance of the patent for designating the scope of the claims or throughout the period of validity of the patent. (7) If the patent comprises samples regarding the invention, the interpretation shall not be limited with these samples. Especially in cases where the additional characteristics of the product or procedure are not included into the samples described in the patent, do not comprise the characteristics included into these samples or cannot fulfill each objective or characteristic mentioned in these samples, the product or procedure shall not be excluded from the scope of the protection provided by the claims.

PART TWOApplication, Issuance of Patents and Objections

SECTION ONEPatent Application and Priority Right

Documents required for the patent application and finalization of the application dateARTICLE 93 – A patent application shall comprise the following;a) Application form,b) Description specifying the topic of the invention,c) Claims,d) Drawings referred to in the description or in the claims,e) Abstract,f) Information indicating that the application fee has been paid.(2) The procedures and principles relating the elements mentioned in this clause shall be designated by the relevant regulation. (3) The description, claims, abstract and drawings, where available, may be submitted in one of the official languages of the states which are party to the Paris Convention or the Treaty Establishing the World Trade Organization or apply the principle of reciprocity.(4) The patent application date shall become finalized as of the date on which all of the elements below are submitted to the Institute and the application will be processed:(a) A statement indicating that request is made for the issuance of patent,

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(b) Identity and contact information of the applicant,(c) The description written in Turkish or in one of the foreign languages indicated in clause three or reference to a previous description.(5) If the invention is based on a genetic source or a genetic source associated with traditional knowledge, explanation on the origin of this source shall be carried out in line with the relevant regulation in the patent application. Otherwise, it shall be accepted that it was declared that the source is unknown.(6) The inventor shall be specified in the application. However, the inventor may request that his name is not disclosed. If the applicant is not the inventor or in only one or a few of the inventors, these persons shall explain the way in which they have acquire the right for patent application in their application in line with the procedures and principles indicated in the relevant regulation.(7) The inventor is entitled to be recognized by the applicant or the patent owner as the inventor and that his name is specified.

Integrity of the invention and divided applicationsARTICLE 94 – (1) The application for patent or utility model consists either of one single invention or of a number of inventions realized around a single general inventive idea. Applications not conforming to this provision shall be split into divided applications upon the request of the applicant or the notification of the Institute.(2) A divided application may be filed for each application upon the request of the applicant, regardless of the integrity of the invention. (3) A divided application shall be filed in relation with an application that continues to be processed in a manner that does not exceed the scope of the topic of this application and will be submitted in line with the relevant regulation.(4) The application date for each divided application shall be the date of the first application, provided that it remains within the scope of the topic of the first application. In case a priority right is requested in the first application, this right shall be applied also for each divided application.(5) Divided applications which have not been performed in line with clause three and the relevant regulation shall not be processed.

Explanation of the invention, description, claims and abstractARTICLE 95 – (1) The invention shall be explained in a sufficiently clear and extensive manner in the patent application, description, claims, and via the drawings referred to in the description and claims, to enable the implementation of the invention by a person who is expert in the technical field associated with the subject of the invention.(2) If the invention is related with a biological material which is not accessible by the public and which cannot be sufficiently defined in the patent application so as to be implemented by a person who is expert in the technical field associated with the subject of the invention, it shall be accepted that the invention is described in line with clause one, provided that the conditions stipulated in the regulation indicating that this material has been deposited are fulfilled.

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(3) If the biological material which has been deposited as per clause two is no longer accessible in the establishment of deposit, it shall be accepted that this access is not interrupted provided that this material is re-deposited in accordance with the Budapest Treaty and that a copy of the certificate issued by the deposit institution indicating that the material has been received is submitted to the Institute within four months as of the date of deposit upon specifying the number of the patent application or certificate. (4) Claims shall define the subject requested to be protected. Claims shall be clear and concise and will be based on the description. Claims shall not exceed the scope of the invention defined in the description. (5) The abstract serves solely for the purpose of providing technical information. It shall not be used for other purposes, especially for the designation of the scope of protection or in the enforcement of clause three of article 85.

Priority right and its effectsARTICLE 96- (1) Any person or his successor who has duly filed an application for a patent or utility model in any state that is party to the Paris Convention or the Treaty Establishing the World Trade Organization, including Turkey, may benefit from the priority right within a period of twelve months as of the date on which the first application is filed for the purpose of submitting an application for the same invention in Turkey. (2) It shall be accepted that each application which is equivalent to a national application duly filed in accordance with the national legislation of any state that is party to the Paris Convention or the Treaty Establishing the World Trade Organization, or the bilateral or multilateral agreements signed by these states or according this Law shall give rise to the priority right. (3) A national application which has been duly filed shall be an application which is sufficient for accepting the date on which the application is made as the application date no matter what the outcome of the application will be.(4) An application of a consequent date which has been filed to the same state and involves the same subject with the previous application shall be accepted as the first application in the designation of the priority right, provided that the previous application is opened to the assessment of the public on the date of the consequent application and is withdrawn, regarded as withdrawn or is refused without leaving any pending right and does not constitute the basis for the request for the priority right. In this case, the previous application shall not constitute a basis for the request for the priority right.(5) In the event that the first application has been filed to the industrial property authority of a state which is not party to the Paris Convention or the Treaty Establishing the World Trade Organization, if this authority accepts that a first application filed in Turkey gives rise to a priority right under effects and conditions which are equivalent to those indicated in the Paris Convention, the provisions of clauses one to four shall apply also for this application in accordance with the principle of reciprocity. (6) Real persons or legal entities who display the product comprising the subject of the patent or the utility model in the national or international exhibitions held in Turkey or in official international exhibitions or those regarded as official held in the countries party to the Paris

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Convention may benefit from the priority right on filing an application for receiving a patent or utility model in Turkey within twelve months as of the date of display in the relevant exhibition.(7) The priority right shall have the effect of the application date in the implementation of clauses two and three of article 85 and clause three of article 112.

Request for priority right and its effectivenessARTICLE 97 – (1) The applicant that would like to benefit from the priority right shall submit to the Institute its request for priority right and the other documents required, in line with the relevant regulation. Otherwise, the request for priority right shall be deemed invalid. (2) Multiple priority right requests can be submitted for one application regardless of being derived from different countries. Where suitable, multiple priority right requests can be made for each claim. In case multiple priority rights are requested, the periods starting with the priority date shall begin from the priority with the earliest date.(3) If one or multiple priority right requests are made, the priority right shall only cover the application giving rise to the priority right or the elements covered by the applications.(4) Even if specific elements of the invention for which priority right is requested are not included into the claims of the patent application giving rise to the priority right, the priority right shall be accepted also for these elements, provided that the patent application giving rise to the priority right clearly indicate these elements as a whole.

SECTION TWO

Patent Grant

Examination of the application for compliance with formal requirements

Article 98- (1) Applications are not approved for processing if any one of the elements defined in Art. 93, paragraph 4, is missing.

(2) If in applications approved for processing at least one of the elements defined in Art. 93, paragraph 1, is missing or if the elements defined in Art. 93, paragraph 3, are in a foreign language, the deficiencies must be remedied and the foreign language sections be translated into Turkish within two months of the application date without this requiring a notification. In case of non-compliance the application shall be considered withdrawn.

(3) The Institute examines applications that meet all requirements as defined in Art. 93, paragraph 1, or that have been completed in accordance with paragraph 2 for compliance with formal requirements as defined in Art. 93, paragraph 6, and in the Regulation.

(4) If the application does not comply with formal requirements, the application owner shall be informed and requested to remedy deficiencies within two months of the notification date. Applications that are not remedied until this deadline shall be rejected.

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(5) If the application does comply with formal requirements or if deficiencies are remedied until the deadline, a research report is established in accordance with the provisions of Art. 99.

Research request, establishment and publication of the research report

Article 99- (1) The application owner has to submit a research request in accordance with the conditions defined in the Regulation, and pay its fees. This request must be submitted together with the application or within twelve months of the application date; the application owner shall not be reminded. If the application owner fails to comply, the application shall be considered withdrawn.

(2) If the application owner applies for research in accordance with paragraph 1, and if the application conforms to formal requirements or if any deficiencies are remedied until the deadline a research report shall be established in accordance with the Regulation; the application owner shall be informed and the report be published in the Bulletin.

(3) If it is understood that the subject of the application falls under Art. 84, paragraphs 2 and 3, or if the description or the claims are not sufficiently clear and thus prevent the establishment of the research report, no research report shall be prepared. The application owner shall be notified and requested to submit its objections or amend the application within three months of the notification. If the application owner fails to submit its objections until the deadline or if the objections or amendments are not approved by the Institute, the application shall be rejected. If the objections or amendments, if any, are approved, the research report shall be established in accordance with the Regulation, the application owner shall be informed and the report be published in the Bulletin.

(4) The Cabinet is authorised to reduce the 12 months research request period stated in paragraph 1 by half.

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Publication of the application

Article 100- (1) 18 months after the application date or the priority date, if applicable, the patent or utility model application shall be published in the Bulletin in accordance with the provisions of the Regulation. Upon request by the application owner the application may be published at an earlier date.

(2) As of the date of publication of the patent application third parties may, in accordance with the Regulation, submit their opinion regarding the patentability of the invention that is the subject of the patent application. However, at that stage those third parties must not be party to the procedures at the Institute.

Examination request, establishment of the examination report and patent grant

Article 101- (1) Within three months of the research report notification date the application owner has to request examination. This request must be submitted in accordance with the Regulation, and the application owner also has to pay the fee for the examination. In case of non-compliance the application shall be considered withdrawn.

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(2) Upon the examination request of the application owner the Institute shall examine the application and the related invention for compliance with the provisions of this law.

(3) If the application and the related invention are found not to comply with this law’s provisions the application owner is requested to state its opinion in accordance with the Regulation and to make amendments, provided they do not exceed the scope of the application. If necessary, such notifications shall be repeated. However, the number of such notifications is limited to three.

(4) Application owners are granted a period of three months as of the notification date to submit their opinion and amendments to notifications made in accordance with paragraph 3. If no opinion or amendment is submitted until the deadline, the application shall be considered withdrawn.

(5) After completion of the examination the Institute prepares an examination report in accordance with the Regulation. If the report comes to the conclusion that the application and the related invention conform to this law’s provisions, a decision is taken to grant a patent and the application owner is informed accordingly. The decision and the patent are published in the Bulletin.

(6) If the examination report comes to the conclusion that amendments are required before a patent can be granted, the application owner shall be requested to carry out such amendments within two months of the notification date. If the amendments are approved, a decision is taken to grant a patent and the application owner is informed accordingly. The decision and the patent are published in the Bulletin. If no amendments are made or if amendments are not approved by the Institute, the application shall be considered withdrawn. The application owner shall be notified about the decision, and it shall be published in the Bulletin.

(7) After publication of the patent grant, the pertaining document shall be issued, provided the issue of the document is requested and the pertaining fee is paid.

(8) If the examination report comes to the conclusion that the application and the related invention do not comply with the provisions of this law, the Institute shall reject the application. The application owner shall be informed about this decision which shall be published in the Bulletin.

(9) The Institute does not assume any responsibility with respect to the validity and usefulness of the subject of a granted patent.

SECTION THREE

Objections

Objections and their examination

Article 102- (1) Third parties may object to a patent within six months of publication in the Bulletin of the patent grant decision. Objections are subject to a fee which must also be paid. The following objections are permitted:

a) The patent subject does not fulfil the patentability conditions stated in articles 84 and 85.

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b) The invention does not disclose enough information with respect to Art. 95, paragraphs 1-3.

c) The patent subject exceeds the scope of the initial application, or, in case of a divided application in accordance with Art. 94, or in case of a patent that is based on an application made in accordance with Art. 113, paragraph 3, sub-paragraph (b), the scope of the most previous application is exceeded.

Any objection must refer to at least one of the above aspects and must conform to the provisions of the Regulation.

(2) If the objection-related fee is not paid within the period stated in paragraph 1, or if the objection does not conform to the provisions of the Regulation, it is considered not made.

(3) If no objections are made or not considered having been made, the patent grant decision becomes binding and the final decision is published in the Bulletin.

(4) The Institute notifies patent owners about any objections. Patent owners may, within three months of the notification date, state their opinion or amend the patent in accordance with the Regulation. Objections are examined by the Board taking the patent owners’ objections and any patent amendment requests into account.

(5) If the Board comes to the conclusion that the patent, in its current or amended state, conforms to this Law, it upholds its decision with respect to the current or amended patent. If it comes to the conclusion that, in its current or amended state, the patent does not conform to this Law, it declares it null and void. If the patent is annulled, the provisions of Art. 142 apply.

(6) If the Board comes to the conclusion that the patent, in its current or amended form, partially conforms to this Law, it shall confirm the validity of that part of the patent, inform the patent owner accordingly and request amendment in accordance with the Regulation within two months of the notification date. If no amendments are made or if the amendments are not approved, the patent is declared null and void and the provisions of Art. 142 are applied.

(7) The final decision taken upon objections is published in the Bulletin. If the Institute decides to uphold a patent in accordance with paragraphs 5 and 6, the amended version of the patent is published in the Bulletin.

Objections to the Institute’s decisions and examination by the Board

Article 103- (1) With the provision of article 102 reserved, the application owner, the patent owner and third parties have the right, within two months of its publication, to object to the Board against decisions taken by the Institute.

(2) Decisions taken by the Board are recorded in the Register and published in the Bulletin.

SECTION FOUR

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Patent Term and Annual Fees

Patent term and annual fees

Article 104- (1) The patent term is 20 years as of the application date. For utility models the term is 10 years. These terms cannot be extended.

(2) The annual fees for patent applications or for the continuation of a patent are payable for the duration of the term beginning at the end of the second year and then for every year. The respective due date is the month and day of the application date.

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(3) If the annual fee stated in paragraph 2 is not paid on time, it can be paid with a surcharge as defined in the Regulation within a period of six months after the due date.

(4) If overdue annual fees are not paid in accordance with paragraph 3, the patent ends as of this fee due date. A notification on the ending of the patent term is issued and published in the Bulletin. If, within two months of this notification, a compensation fee is paid, the patent term is continued as of the date of this payment, and this status is published in the Bulletin. Notifications regarding the ending of a patent term shall be issued within one year of the due date at which a patent right ends.

(5) If a patent regains its validity, this does not affect the rights of third parties acquired when the patent right [temporarily] ended. The rights of these third parties and their scope are defined by a court.

PART THREE

Patent Term-Related Procedures

Examination of the patent application and the patent file by third parties

Article 105- (1) The files of patent applications that are not yet published must not be examined by third persons without written approval by the application owner.

(2) Third parties who can prove that the application owner intends to use the rights granted in connection with the application against them, are allowed to examine the unpublished patent application file without the approval of the application owner.

(3) If a divided application as defined in Art. 94 or a new patent application as defined in Art. 113, paragraph 3, sub-paragraph (b), have [already] been published, third parties are allowed to examine the previous application file before its publication and without the approval of the application owner.

(4) Patent applications or examinations of patent-related files must conform to the provisions of the Regulation.

Amendments to patent applications or patents

Article 106- (1) Patent applications may be amended by the application owner while procedures at the Institute are ongoing, provided they do not exceed the scope of the initial application and they are carried out in accordance with the Regulation.

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(2) Upon objections to a patent, patent owners may carry out amendments in accordance with the Regulation and provided they do not exceed the scope of protection provided by the patent, until the Institute issues its final decision on the objections.

Conversion of application from patent to utility model or from utility model to patent application

Article 107- (1) Patent application owners may request, within three months of the research report notification date, a conversion from patent application to utility model application. In case of such a request, the Institute informs the application owner that, within one month of the notification date, a research request and the necessary documents required by the Regulation must be submitted and the research fee be paid. If the application owner fails to comply until the deadline, the application is considered not having been made, and the initial patent application is upheld and processed. If the application owner complies on time with the

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conversion requirements, the provisions of Art. 147, paragraphs 6-11, apply.

(2) Utility model application owners may request, within three months of the research report notification date, a conversion from patent application to utility model application. In case of such a request, the Institute informs the application owner that, within one month of the notification date, a research request and the necessary documents required by the Regulation must be submitted and the research fee be paid. If the application owner fails to comply until the deadline, the application is considered not having been made, and the initial utility model application is upheld and processed. If the application owner complies on time with the conversion requirements, the provisions of this law governing patent grants apply.

(3) If an application has already been published, the Institute’s conversion application approval is published in the Bulletin.

(4) If a patent application is converted to a utility model application or vice versa, then any priority right application for the initial application shall also apply to the converted application.

(5) Conversion applications can only be made once; new conversion applications for the same initial application shall not be considered.

Withdrawal of a patent application

Article 108- (1) A patent application can be withdrawn by the application owner at any time before the patent is granted. After the withdrawal has been published in the Bulletin the request cannot be cancelled.

(2) A patent application with third person rights recorded in the Register cannot be withdrawn without those persons’ approval.

(3) If an as yet unpublished patent application is withdrawn or considered withdrawn or rejected, a new application can be submitted for the same subject of invention.

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(4) If a published patent application is withdrawn no new application for the same subject of invention is possible. The withdrawal of published patent applications is announced in the Bulletin.

Register recording and its consequences

Article 109- (1) Patent applications and patents are recorded in the Register in accordance with the provisions of the Regulation. The Register is open to the public.

(2) With the provisions of Art. 115, paragraph 1, reserved (unlawful project appropriation), as of the date of recording in the Register, patent applications or patent-related transfers and licences, voluntary or compulsory dispositions with an impact on the patent application or the patent, come into effect for bona fide third parties.

(3) As long as patent applications or the rights granted by patents are not orderly recorded in the Register, they cannot be held against bona fide third parties.

(4) A person claiming a patent application or rights granted by a patent must notify the patent application number or the patent number to the respective persons.

(5) If a statement on a product, its labels or packaging, in all sorts of advertising or on printed matter evokes the impression that a patent application is pending or a patent has been granted and provides protection, the person responsible for the statement must also state the patent application number or the patent number.

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The reinstatement of rights

Article 110- (1) If patent application owners or the patent owners, despite full compliance with all conditions of the patent application procedure or patent-related procedures, are faced with the following consequences due to non-compliance with certain deadlines: rejection of the patent application, the application being considered as withdrawn, the patent being considered as invalid in accordance with article 102, or any other loss of rights, they may, in accordance with the Regulation, apply for reinstatement of rights.

(2) Patent application owners or patent owners may apply for reinstatement of rights – according to paragraph 1 – at the end of the period set for the payment of compensation fees as defined in article 104, paragraph 4.

(3) The request defined in paragraphs 1 and 2 must be made within two months of removal of the obstacle causing the non-compliance, however, not later than one year after the initial failed deadline.

If the conditions defined in the Regulation are not complied with, the Institute shall reject the request. If the request is approved the legal consequences of non-compliance with the deadline are considered not emanated.

(4) If an application owner, within two months after the deadline defined in Art. 96, paragraph 1, requests the reinstatement of priority rights the provisions of paragraph 1 apply.

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(5) The reinstatement of rights is published in the Bulletin. Persons who, in the period between loss of rights and reinstatement of rights, use the patented invention in Turkey in good face or have taken serious and actual measures for its use, may continue to use the invention free of charge and to an extent that meets the reasonable requirements of their enterprise.

Erroneous procedures

Article 111- (1) If a patent or a utility model application or a document are erroneously processed despite non-compliance with the provisions of this law or the Regulation, and if this error is detected upon objection or by the administration itself, the erroneous procedure and those following from it shall be annulled and the procedure shall return to the stage where the error occurred and proceed from there. This does not include invalidity reasons defined in articles 141 and 148.

PART FOUR

Ownership of rights and unlawful appropriation

Patent claim right

Article 112- (1) Inventors or their successors have a patent claim right; this right can be transferred to others.

(2) If the invention is the work of more than one person, they jointly own the patent claim right, unless the parties have agreed otherwise.

(3) If the invention has been made by serval persons independently and at the same time, the patent claim right is given to the first applicant or to the one with the priority right.

(4) The person submitting the initial application for a patent has the patent claim right unless the contrary is bindingly established.

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Rights ownership-related procedures in patent applications

Article 113- (1) Allegations that an application owner has no patent claim right cannot not be made to the Institute. Until the contrary is proven, the application owner is considered to have the patent claim right.

(2) Persons who, during patent application procedures, in accordance with the provision of Art. 112, paragraph 1, claim to be the true patent owners, have to file a lawsuit in a competent court against the rights ownership of the application owner and notify the Institute about it. The court may decide to suspend the patent granting procedures until the court’s ruling has become binding.

(3) If the plaintiff wins the rights ownership case, the court-approved rights owner must, within three months of the ruling becoming binding, proceed as follows with respect to the still valid application:

a) request the Institute to register and process the patent application in his/her name.

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b) submit a new patent application for the same invention making use of the same priority right, if applicable. This application is processed as of the date of the initial application. In this case, the initial application is considered invalid.

c) request the Institute to reject the application.

If the plaintiff and true rights owner fails to apply to the Institute within three months of the court ruling becoming binding, the disputed application is considered withdrawn.

(4) Persons who claim a partial right in the patent as co-inventors have the right to take the matter to court in accordance with paragraph 2.

(5) The provisions of paragraph 3 also apply to divided applications in accordance with Art. 94.

(6) Patent applications that are taken to court in accordance with paragraph 2 cannot be withdrawn without the approval of the plaintiff before the ruling becomes binding.

(7) If a patent is granted while court proceedings are ongoing, the case of unlawful application appropriation becomes a case of unlawful patent appropriation.

Co-ownership and the indivisibility of a patent

Article 114 – (1) If a patent application or a patent is owned by more than one person without being divided, the co-ownership is governed by the agreement between the parties, if no such agreement exists, by the provisions of the Civil Code on shared ownership.

(2) Every rights owner has the right to carry out the following procedures independently of the other owners.

a) The rights owner can freely dispose of his/her share. If the share is transferred to a third person, for registration in the Register, the rights owner must submit to the Institute written declarations of first refusal by the other co-owners.

b) The rights owner can use the invention upon notification to the other co-owners.

c) The rights owner can take the necessary measures to protect the patent application or the patent.

ç) The rights owner can initiate legal proceeding against third parties suspected of violation of any rights granted with the patent application or the patent. For the other co-owners to join the case, the rights owner filing the civil charges has to inform the other co-owners about the situation within one month of initiating proceedings.

(3) The issue of licences depends on the approval of all co-owners. However, taking the current conditions and the principle of fairness into account, a court may grant this right to one or several co-owners

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(4) Even in case of co-ownership of patent applications or patents they cannot be divided for the purpose of transfer or the establishment of rights.

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The consequences of unlawful appropriation of patents and the ending of this unlawful appropriation

Article 115- (1) If a patent is granted to any other but the true rights owner, the person claiming to be the true owner in accordance with Art. 112, paragraph 1, can request a court to transfer the patent to him/her, under the provision that other rights and claims provided by the patent remain reserved.

(2) If a partial patent right is claimed, the court may be requested to grant co-ownership in accordance with the provisions of paragraph 1.

(3) The rights stated in paragraphs 1 and 2 can be used within two years of publication of the patent grant, in cases of mala fide until the end of the patent term.

(4) Lawsuits brought in accordance with the provisions of this article, and their binding rulings are recorded in the Register and published in the Bulletin. As of the day of recording in the Register they become valid and have consequences for bona fide third parties.

(5) If the patent rights ownership under this article changes, then, with its recording in the Register, the patent-related licences and other rights granted third parties end.

(6) Third parties who, prior to the Register recording in accordance with paragraph 5, have executed licencing agreements with the previous owner prior to the lawsuit, may request the true patent owner/s to grant them a non-exclusive licence provided they have begun to use the invention or have made serious preparations for its usage.

(7) Such a request must be made by the previously registered patent owner within two months, and by licence holders within four months. The period for such licence requests begins on the day the Institute notifies the relevant parties about the recording of the true patent owner in the Register.

(8) The licences granted in accordance with the provisions of paragraph 6 shall be issued for a reasonable period of time and under reasonable conditions. When determining term and conditions, the provisions on compulsory licencing serve as guidelines.

(9) If the patent owner or the licence holder, during usage or while committing seriously to its usage, turn out to be mala fide, the provisions of paragraph 6 and 7 do not apply.

PART FIVE

Inventions Made by Employees

Work-related inventions and free inventions

Article 116- (1) A work-related invention is an invention made by an employee in the course of his/her duties for an enterprise or public administration, or an invention that is based to a large extent on the work and experience of the enterprise or public administration, and is made in the course of an ongoing work relationship.

(2) Inventions that do not fall under the definition in paragraph 1 are considered to be free inventions.

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(3) Under this law an employee is a person who, on the basis of a private law contract or a similar legal relationship, works for another person (the employer) and is obliged to fulfil this work relationship by carrying out certain duties defined by the employer with a sense of personal loyalty. The provisions of this law also apply to the inventions of students and internees who work without pay and without a defined time limit.

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(4) The provisions applying to the inventions of employees also apply to the inventions of employees of public institutions and organisations as well as the armed forces, with private law provisions and the provisions of contracts signed between the parties reserved.

(5) The fee paid to the employees of public institutions and organisations must not be less than one third of the income generated by the invention.

Obligation to report work-related inventions

Article 117- (1) Employees (“inventor/s”) are obliged to immediately report inventions to the employer in writing. If the invention has been made by more than one employee they may jointly notify the employer. The employer must immediately, the same day, give written feedback to the inventor/s that the notification has been received.

(2) In their notification to the employer, the inventor/s must describe the technical problem and its solution and how the work-related invention has been realised. For the purpose of clarification, they may add pictures of the invention.

(3) The inventor/s has/have to state the following: the enterprise-related work and experience used in the invention, the contributions of other employees, if applicable, the form of this contribution, work-related instructions, and their own contribution.

(4) Within two months of receiving the inventor/s notification, the employer informs the inventor/s about any changes to the notification. If no such request is made, the notification under paragraph 2 is considered valid.

(5) The employer has to support the inventor/s to make sure that their notification complies with the provisions of this law.

(6) The inventor/s is/are obliged to keep the invention confidential for as long as it has not been qualified as a free invention.

The employer’s right to inventions and inventor’s compensation

Article 118- (1) Employee inventors may lay a full or partial claim to a work-related invention. The employer must inform the inventor/s within four months of receiving their notification about this claim in writing. If the employer fails to notify the inventor/s in time or if the employer notifies the inventors that no rights claims will be made, the invention is considered a free invention.

(2) If the employer claims all rights to a work-related invention, all rights pass on to the employer upon such a notification to the inventor/s.

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(3) If the employer claims a share in the rights to a work-related invention, it becomes a free invention. In this case, based on the partial right, the employer can use the invention. If this usage seriously aggravates the use of the invention by the inventor/s, they may request the employer either to take over the entire rights to the invention or to refrain from its right to use it. If the employer does not respond to such a request within two months of the official notification date, the user rights of the employer, based on partial rights ownership, end.

(4) Any disposal by the inventor/s of the invention prior to the rights claim by the employer shall be considered invalid with respect to the employer and to the extend they violate the employer’s rights.

(5) If an employer does not claim full rights to an invention, the employer is obliged to keep the invention-related information made available to the employer confidential for as long as the justified interests of the inventor/s continue.

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(6) If the employer claims full rights to the invention, the inventor/s may claim a reasonable payment from the employer. If the employer claims partial rights to the invention and uses it, the inventor/s has/have the right to claim a reasonable payment from the employer.

(7) The calculation of the inventor compensation is based on how well the invention can be commercialised, the position of the inventor/s in the enterprise and the contribution of the enterprise to the invention.

(8) After laying claim to a work-related invention the employer cannot refuse paying the inventor’s compensation with the argument that the invention is not worth protecting. If however, the Institute disputes the patentability of the invention in court, or if such a case is brought against the Institute, and if the court rules in favour of non-patentability, the inventor/s cannot claim any payment for their invention.

(9) After the employer has laid claim to full or partial rights to the invention, the compensation and the mode of payment are defined in a contract or similar legal agreement between the employer and the inventor/s.

(10) If the work-related invention is the work of more than employee, compensation and mode of payment are separately defined for every employee in accordance with the provisions of paragraph 9.

(11) The arbitration procedure to be followed in case of disputes, and the compensation tariff for employee inventions are defined in a regulation to be issued, within three month of this law coming into force, by the Ministry of Science, Industry and Technology after consultation with the highest professional organisations of employees and employers.

(12) With respect to work-related inventions that are considered free inventions, the inventor/s can freely dispose of them without being subject to the provisions of Art. 122.

Patent application for work-related inventions

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Article 119- (1) Employers who receive notifications on work-related inventions are obliged to apply to the Institute for a patent. However, if it is in the interest of the enterprise, the employer may refrain from a patent application. If, with the provisions in paragraph 2 reserved, the employer refrains from a patent application, the calculation of the employee inventor compensation must consider the probable economic losses suffered by the employee/s as a result of not obtaining a patent.

(2) The employer is under no obligation to apply for a work-related invention if one of the following circumstances applies:

a) The work-related invention becomes a free invention

b) The employee inventor/s consent/s to not applying for a patent

c) The protection of business secrets requires it.

(3) If the work-related invention becomes a free invention, the employee inventor/s has/have the right to apply for a patent in their own name.

(4) If an employer who has claimed full rights to a work-related invention does not apply for a patent, and if the employee inventor/s also do/es not apply within the set period of time, the invention becomes a free invention.

(5) An employer who has claimed full rights to a work-related invention can also apply for patent protection in a foreign country.

(6) Upon the request of the employee inventor/s, an employer who does not want to apply for patent protection in a foreign country has to permit free use of the invention in those countries and must provide the employee inventor/s the opportunity to apply for a patent in those countries. Free use of inventions must be allowed within a reasonable period of time with respect to the priority rights deadline.

(7) When allowing free use of an invention by the employee inventor/s for application in a foreign country, the employer has the right to reserve the right to a non-exclusive user licence

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in those countries against an appropriate fee, and the right to request that the interests emanating from those reserved rights are not impaired.

The employee inventor-related provisions are mandatory – Fairness condition

Article 120- (1) The employee inventor-related provisions of this law must not be changed to the disadvantage of the employees. In the case of work-related inventions the freedom of contract between the parties with respect to the invention begins after the patent application, in the case of free inventions, after the employee has complied with his/her notification obligation towards the employer.

(2) If agreements between employer and employee regarding work-related inventions or free inventions are grossly unfair, they are considered invalid, even if they do not violate the

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employee inventor-related mandatory provisions. The same rule applies to the inventor compensation.

(3) Objections regarding the fairness of agreements or the inventor compensation must be made in writing within six months after the employment contract of the respective employee has ended.

The rights and obligations of parties with respect to patent applications

Article 121- (1) The employee inventor/s is/are obliged to provide the employer with all the information necessary for obtaining a patent, and to support the employer in this process. The employer is obliged to provide the employee inventor/s with copies of the patent application and any appendices to it, and, upon request by the employee inventor/s, to inform them about the progress of the procedure.

(2) If, prior to payment of the inventor compensation, the employer decides not to follow up on the patent application progress or if the employer decides to waive the protection of patent rights, the employer is obliged to inform the employee inventor/s. In this case and upon the request of the employee inventor/s the employer must transfer the patent rights or the documents necessary for obtaining a patent to the employee inventor/s, with all the associated costs to be borne by the employee inventor/s. If the employee inventor/s do/es not reply to a respective notification by the employer within three months of the notification date, the employer has the right to waive the patent application or the patent rights.

(3) In the notification mentioned in paragraph 2 the employer may reserve its right to a non-exclusive licence to the work-related invention against a reasonable fee.

(4) The rights and obligations emanating from an employee invention are not affected by the termination of the employee’s employment contract.

Free inventions, notification obligation and obligation to make an offer

Article 122- (1) If an employee, while regularly employed on the basis of an employment contract, makes an invention, he/she is obliged to immediately inform the employer. The notification must contain information about the invention and the way it came about, in order to allow the employer to decide whether or not the invention is a true free invention.

(2) If the employer, within three months of the notification under paragraph 1 does not object in writing to the invention’s classification as a free invention, it cannot be claimed afterwards that it was a work-related invention.

(3) If it is obvious that the free invention cannot be used by the employer in its area of business, the employee is under no obligation to report it.

(4) If the free invention falls into the area of business of the enterprise or if the enterprise is making serious efforts to include the area of invention application into its scope of business, the employee inventor/s must make an offer to the employer for the use of the invention under suitable condition without giving the employer full rights to it. This offer must be made while the work relationship is still ongoing and prior to commercialising the free invention for any

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other purpose. If the employer does not reply to such an offer within three months of receipt of

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the offer, the employer losses its right of first refusal. If the employer accepts the offer but does not agree to the conditions, upon request by the parties, they shall be defined by a court.

The employee inventor’s right of first refusal

Article 123- (1) If the employer goes bankrupt and the bankruptcy administration intends to transfer the invention separately from the enterprise, the employee inventor/s has/have the right of first refusal provided, the employer has claimed full right to the invention.

(2) The inventor compensation-related receivables of the employee inventor/s are considered preferential debt. In case of more than one preferential debt of this kind, the bankruptcy administration shall distribute receivables pro rata among the inventors. Employee inventors may waive their inventor compensation-related receivables in return for the transformation of inventions into free inventions.

Inventions made at institutions of higher education

Article 124 (1) Inventions made at institutions of higher education as defined in article. 3, paragraph 1, sub-paragraph (c), of the YÖK Act (Higher Education Act) of 04/11/1981, law No 2547, or at institutions of higher education administered by the Turkish Armed Forces or the police administration as a result of scientific work or research, shall be subject to the provisions governing employee inventors, with private law provisions and other regulations stated in this article reserved.

(2) In case of an invention under the conditions stated in paragraph 1 the inventor is obliged to immediately report the invention in writing to the administration of the respective institution of higher education. If a patent application has [already] been made, the institution of higher education is notified in accordance with the conditions and deadlines defined in the Regulation.

(3) If the institution of higher education claims ownership of the invention, it must submit a patent application in accordance with the conditions and deadlines defined in the Regulation. Otherwise the invention becomes a free invention. If, with respect to patent applications in foreign countries that fall under the provisions of paragraph 2, the institution of higher education claims rights ownership the inventor is obliged to transfer the application or the patent to the institution of higher education.

(4) The inventor has the right to object to the rights ownership claim of the institution of higher education in accordance with the conditions and deadlines defined in the Regulation. This objection must be based on the claim that the invention is a free invention. Upon such an objection the institution of higher education has to provide written proof within the period of time defined in the Regulation. A decision is taken on the basis of this proof. Otherwise the invention is considered to be a free invention.

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(5) The provisions of articles 118, 119 and 121 as well as paragraph 4 of Art. 122 do not apply to inventions made at institutions of higher education.

(6) If an institution of higher education decides to waive its application or patent rights, or if an invention becomes a free invention after the patent application, the institution of higher education shall offer to transfer the application or patent rights in accordance with the conditions and deadline of the Regulation, as a matter of priority, to the inventor. If the inventor accepts the offer, the transfer is carried out. In this case the institution of higher education hands over to the inventor all documents necessary for obtaining a patent and for its protection. In case of application and patent rights transfer, the institution of higher education may reserve the right to a non-exclusive licence against payment of an appropriate fee.

If the inventor does not accept the offer, the right of disposal of the patent application and the patent remain with the institution of higher education.

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(7) If the institution of higher education, by a mistake of its own, causes the termination of the application procedure or of the patent right, it is obliged to compensate the inventor for his/her loss.

(8) The income from the invention is shared in accordance with provisions of the Regulation among the institution of higher education and the inventor, with the inventor receiving at least one third.

(9) With respect to inventions made by members of the academic staff, as defined in Art. 3, paragraph 1, sub-paragraph (I), of law No 2547, by internees or students as a result of contract-based work at other public institutions or for private organisations, the rights ownership is defined on the basis of the contract provisions.

Inventions that are the outcome of publicly financed projects

Article 125- (1) Inventions that are the outcome of projects supported by public institutions and organisations must be notified to the supporting organisation in accordance with the Regulation. Within one year of this notification, the person who benefited from the project support (“the inventor”) must inform the public organisations in writing about his/her rights ownership preference. If, within this period of time, the inventor does not claim rights ownership or if the inventor does not state his/her ownership preference in writing, the supporting public institution or organisation claims the rights ownership. Until the deadline for rights ownership has ended, the inventor is not allowed to make any statements with an impact on the granting of a patent or utility model for the invention.

(2) If the inventor claims rights ownership for the invention, he/she is obliged to apply for a patent. The supporting public institution or organisation must be named in the application.

(3) If the inventor claims rights ownership for the invention the public institution or organisation has the right to an irrevocable and non-transferable free-of-charge non-exclusive licence in its own name or for its own use.

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(4) The public institution or organisation has the right to be regularly informed by the inventor about his/her use of the invention or his/her efforts to put it to use [commercialise it]. Such information of a commercial and financial nature must be kept confidential by the public institution or organisation. The income from the commercialisation of the invention is shared on the basis of a contract.

(5) Under the following circumstances the public institution or organisation has the right to use the invention itself or request licencing to third parties under reasonable conditions.

a) If the inventor does not use the invention in accordance with Art. 133 or does not make any efforts to use it.

b) If the invention patent-based product manufactured by the inventor or a licensee cannot meet demand caused by reasons of public health or national security.

c) If the invention patent-based product manufactured by the invention or a licensee cannot meet the demand of the public institution or organisation.

The licencing practice defined in this paragraph does not affect the provisions on compulsory licencing.

PART SIX

Additional and Secret Patents

Additional patents

Article 126- (1) While the procedures for the original patent are ongoing, the patent application

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owner can apply for additional patents in order to obtain protection for inventions that improve or develop the original invention, as well as for inventions that are part of the scope of the original patent in the sense of Art. 94, paragraph 3.

(2) Additional patents can be applied for until the decision to issue a document for the original patent application has been published. The application date for an additional patent application is the date the additional patent application has been submitted to the Institute as defined in Art. 93.

(3) The research report for the additional patent application is prepared either together with the report for the original application or later. When assessing the invention grade as defined in Art. 85, paragraph 4, the original patent application is not considered as the state of the art.

(4) No decision on issuing a document for the additional patent application can be made prior to such a decision for the original patent application.

(5) The term for the additional patent begins on the application date and ends with the patent term for the original patent.

(6) No annual fee is payable for additional patent applications and additional patents.

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(7) While the patent application procedure is ongoing, application owners can request additional patent applications to be converted into independent patent applications. If the Institute comes to the conclusion that the required dependency between original and additional patent does not exist, the additional patent application is converted into an independent patent application within three months of this notification.

(8) If the original patent is invalidated or if the owner of the original patent waives his/her right to the patent or if the annual fee is not paid and the original patent right thus ends, the additional patent is converted into an independent patent.

(9) If an original patent is invalidated, this does not necessarily invalidate any additional patents as well. However, if, within three months of the notification date of an invalidation decision in accordance with Art. 102, no request is made to convert additional patents into independent patents, the invalidation of the original patent also invalidates the additional patents.

(10) If the original patent application is withdrawn or considered withdrawn or rejected or if it becomes invalid because of failure to pay the annual fee, the additional patent application is converted into an independent patent application.

(11) If more than one additional patent application has been made, the first additional patent application or additional patent can be converted into an independent patent application or patent in accordance with the provisions of paragraphs 7, 8 and 9. The other additional patent applications are then considered additions to the converted independent application or patent.

(12) If an additional patent application or an additional patent is converted into an independent patent application or independent patent, the annual fee is calculated on the basis of the conversion date while the protection term is the period defined in paragraph 5.

(13) The patent-related provisions of this law also apply to additional patents unless defined otherwise or if it contradicts the nature of the additional patent.

(14) No additional applications are possible for utility models.

Secret patent

Article 127- (1) If the Institute comes to the conclusion that an invention is important for national security, it sends a copy of the application to the Ministry of Defence for their opinion, and it informs the application owner accordingly.

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(2) If the Ministry of Defence decides on keeping the application procedures secret, it must inform the Institute accordingly within three months of the Institute’s notification. If the Ministry of Defence decides otherwise or does not respond until the deadline, the Institute initiates application procedures.

(3) If a patent application is to be kept secret, the Institute informs the application owner and records the patent application as secret application in the Register before processing the application.

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(4) The patent owner must not divulge the subject of a secret patent to unauthorised persons.

(5) Upon request by the patent owner, the Ministry of Defence may allow partial or full use of the patent invention.

(6) The patent owner has the right to claim compensation from the state for the period the patent is kept secret. If no agreement can be reached about the amount of the compensation, it is determined by a court. The compensation is calculated on the basis of the importance of the invention and the probable income it had generated for the patent owner had he/she been allowed to use it freely. If, through fault of the patent owner, the subject of the secret patent is divulged, the right to claim compensation is forfeit.

(7) For secret patents not annual fee is charged for the duration they remain secret.

(8) Upon the request of the Ministry of Defence the Institute can lift the secrecy order for a patent. As of the date the secrecy order has been lifted, the patent application is processed as a regular application and the provisions of this law apply.

(9) If an invention made in Turkey is of importance for the national defence, no patent application in a foreign country is permitted. If an application for an invention made in Turkey is subject to the provisions of paragraphs 1 to 8, no patent application in a foreign country is permitted without the approval of the Ministry of Defence.

(10) If the inventor resides in Turkey the invention is considered made in Turkey unless proven otherwise.

SECTION SEVEN

Legal Procedures

Contractual licence

Article 128- (1) The patent application or the patent user right may become the subject of a licencing agreement that is valid within the borders of the entire country or a part of it. Licences may be exclusive or non-exclusive.

(2) If the licensee violates the condition of an agreement in accordance with paragraph 1, the patent owner can claim the rights conferred by the patent application or the patent by way of a lawsuit against the licensee.

(3) Licences are non-exclusive unless stated otherwise in the licencing agreement. The licensor can use the patented invention for own purposes or can issue licences to third parties.

(4) In the case of an exclusive licence the licensor can neither grant licences to other third parties nor use the licence him-/herself unless this right has been explicitly reserved.

(5) The contractual licence owners are neither allowed to transfer the licence rights to third parties nor to grant secondary licences, unless agreed otherwise in the licencing agreement.

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(6) The contractual licensee can freely use the patented invention within the country’s borders and for the entire patent term, unless agreed otherwise in the licencing agreement.

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Information obligation

Article 129- (1) The person transferring or licencing a patent application or patent is obliged to provide the transferee or licensee with the technical information that is necessary for the regular use of the patent subject, unless agreed otherwise in the licencing agreement.

(2) The transferee and the licensee are obliged to take the measures necessary to prevent the confidential information they have received to become public.

The responsibilities emanating from rights transfers and licencing

Article 130- (1) If it later becomes obvious that the transferor or licensor of a patent application or patent was not authorised to do carry out this transaction, that person shall be held liable for his/her actions with respect to the related parties.

(2) If a patent application is withdrawn or an application rejected or if a court rules patent rights invalid, and if the parties to transfer or licencing agreements have not agreed a more comprehensive liability of the transferor or licensor, the provisions of Art. 142 apply.

(3) If the transferor or licensor has acted with ill intent, they are always held liable for their actions. If the transferor or licensor have not informed the other party about reports or decisions, issued in Turkish or a foreign language, regarding the patentability of a patent application or a patent, to which they have the right of disposal, or if they have not shared all they know in this respect with the other party, or if documents containing such information and statements are not included in the transfer/licencing agreement, this is considered ill intent.

(4) Compensation claims emanating from the provisions of this article can be made as of the day the court ruling that serves as basis for the liability case has become binding. The statute of limitations is defined by the Code of Obligations.

Licencing offer

Article 131- (1) The patent application or patent owner can inform the Institute in writing about his/her intention to licence the invention to anyone who applies for it. This notification to the Institute must conform to the conditions defined in the Regulation. The licencing offer is published in the Bulletin.

(2) If an exclusive licence is recorded in the Register, the patent application or patent owner cannot offer a licence to any other party.

(3) The patent application or patent owner can withdraw his/her licencing offer at any time. The withdrawal request is published in the Bulletin.

Compulsory licencing

Article 132- (1) Compulsory licences may be applied if at least one of the following conditions is fulfilled:

a) If the patent invention is not used in accordance with the provisions of Art. 133

b) If a dependency exists between patent subjects as defined in Art. 134

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c) In case of a public benefit as defined in Art. 135

ç) If the conditions defined in the agreement appended to law No 6471 – Law Regarding the Approval of Our [The Turkish State’s] Participation in the Protocol Amending the Trade-Related Intellectual Property Rights Agreement – of 22/05/2013 are fulfilled, and the issue concerns the export of pharmaceutical products necessitated by public health problems in other countries

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d) If a cultivator cannot develop a novel plant variety without violating a previous patent

e) If a patent owner uses a patent is such a way that the general provisions regarding fair competition are violated, or for competition obstructing activities.

(2) In the cases defined in paragraph 1, sub-paragraphs (a), (b), (ç) and (e), a court decides on the issue of compulsory licencing. In the case of sub-paragraph (ç) the party applying through the courts for a compulsory licence must furnish proof that it has tried in vain to obtain a contractual licence from the patent owner; this does not apply in emergencies. The court sends, without delay, one copy each of the compulsory licence application and the appended documents to the patent owner. The patent owner is granted a period of not more than one month as of the notification date to state its opinion and submit its evidence.

(3) The court sends the statement of opinion of the patent owner, if any, to the applicant and then decides without delay on whether or not to reject or grant the request of the applicant.

(4) If the court rules in favour of a compulsory licence, the ruling defines the following aspects: scope of the licence, licence fee, term, securities to be submitted by the licensee, the date the licence comes into effect, as well as measures that ensure the patent’s serious and effective use.

(5) If the patent owner files a correction appeal against the ruling, and if the court considers the evidence provided by the patent owner as sufficient to order a stay of execution, the use of the invention is deferred until the ruling becomes binding. A correction appeal cannot delay the execution of a binding ruling.

(6) If patent owners cannot use their patent without violating the rights of the cultivator of a previously [patented] plant species, this issue may become the subject of a compulsory licence. In this case, the provisions of law No 5042 of 08/01/2004 apply.

(7) If a licence is issued in accordance with paragraph 1, sub-paragraph (d), the patent owner may request the issue of a counter licence at reasonable conditions for the use of the protected plant species; if a licence is issued in accordance with paragraph 2 the rights owner of the novel plant species may request the issue of a counter licence at reasonable conditions for the use of the protected invention.

(8) For the licences under paragraph 1, sub-paragraph (d), and paragraph 7, the applicant must prove

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a) that an application has been made to the patent owner or the rights owner of a novel plant species for a contractual licence but to no avail,

b) that the novel invention or plant species constitutes a significant technical improvement over the protected plant species or the patented invention and ensures a significant economic benefit,

in order to obtain a compulsory licence through a court ruling.

(9) With the provisions of paragraph 1, sub-paragraph (ç), reserved, as a matter of principle, a compulsory licence is issued [only] for supply to the domestic market.

Compulsory licencing in case of non-usage

Article 133- (1) A patent owner or the person authorised by the patent owner must make use of the patented invention. When assessing the usage situation, market conditions and conditions under the control of the patent owner as well as outside their control are considered.

(2) At the end of three years after publication of a patent grant in the Bulletin or at the end of four years after the patent application date – whichever is longer – any interested party can request the issue of a compulsory licence if at the date of application the following applies:

The patented invention is not being used.

No serious and effective measures have been taken to make use of the patented invention.

The level of current use does not satisfy domestic demand.

The same applies to an uninterrupted stoppage of patent usage of more than three years without justified reason.

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Compulsory licencing in the case of dependent patent subjects

Article 134- (1) If, because of a dependency relationship, a patented invention cannot be used without violation of a previous patent, the later patent owner cannot use his/her patent without the permission of the rights owner of the previous patent.

(2) In case of dependency of patent subjects the owner of a later patent can request the issue of a compulsory licence for the previously patented invention if the later patent owner can prove that the new invention constitutes a significant technical improvement over the protected invention and ensures a significant economic benefit.

If the later patent owner obtains a compulsory licence, the previous patent owner can request a compulsory counter licence from the later patent owner.

(3) If any one of dependent patents becomes invalid or if the patent right ends, the compulsory licence also becomes invalid.

Compulsory licencing for reasons of public interest

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Article 135- (1) In cases where the commencement of patent use, or the extension or generalisation of its current use are in the interest of public health or national security, or where an improvement of a patented invention is of great importance for its beneficial use, or when patent subjects are not used or not sufficiently used, either quantitatively or qualitatively, and if this insufficient usage has serious negative consequences for the country’s economic or technical development, upon the request of the ministry in charge the Cabinet takes the following decisions:

a) For the public benefit it orders the issue of compulsory licences.

b) For the public benefit it orders the conditional issue of compulsory licences if the patent owner is in a position to use the patent to an extent that would satisfy the public interest.

(2) If a patent application or the use of a patented invention is important for public health or national security reasons, upon statement of approval by the Ministry of Defence or the Health Ministry, the respective ministry shall make an offer for the invention.

(3) Compulsory licences issued for reasons of public interest can be exclusive. The use of compulsory licences issued for national security reasons may be restricted to one or a few companies.

The legal status of compulsory licences and the trust bond between licensor and licensee

Article 136- (1) Compulsory licences are non-exclusive, unless an exclusive licence is in the public interest. Compulsory licences are issued under certain conditions taking their term, fee and area of usage into account. When determining the fee, the court takes the patent’s economic value into account. In case of a compulsory licence in accordance with the provisions of Art. 132, paragraph 3, sub-paragraph (ç), the economic value of the invention for the importing country is considered, taking non-commercial and humanitarian purposes into account.

(2) If a compulsory licence is issued, the licensee is not allowed to grant secondary licences or import the patent subject. In the case of compulsory licences issued in the public interest, the licensee may import the patent subject provided the licensee has been specifically authorised to import the patent subject in the public interest. Such import permits are issued only for a limited period of time and only to the extent required by demand.

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(3) If the trust bond established between the patent owner and the licensee, as a result of the compulsory licence, is broken by the patent owner, the licensee may request a reduction of the licence fee depending on the impact of the violation on the evaluation of the invention.

The scope of compulsory licences and additional patents

Article 137- (1) A compulsory licence also includes the additional patents present at the date of licence acceptance. Additional patents issued after the compulsory licencing date may be added to the licence scope by court decision provided they serve the same industrial use as the initial compulsory licence. If the parties cannot agree a licence fee for the additional patents, or on other conditions, they shall be determined by a court.

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Transfer of compulsory licences

Article 138- (1) For the transfer of a compulsory licence to become valid it must be transferred together with the enterprise or with that part of the enterprise which uses the licence. If a compulsory licence is issued because of its dependence on another patent, it can only be transferred together with that patent.

Request for change of conditions and cancellation of a compulsory licence

Article 139- (1) The licensee or the patent owner can request a court to change the fee or conditions of a compulsory licence. Such a request must be based on justified events that emerged after the issue of the compulsory licence such as the issue of contractual licences at better conditions.

(2) If the licensee seriously violates or continuously fails to comply with its obligations under the compulsory licencing agreement, upon request of the patent owner a court may cancel the licence with the patent owner’s compensation rights reserved.

(3) If the conditions that gave rise to the issue of a compulsory licence cease to exist and if a re-emergence is unlikely, upon request a court shall cancel the licence.

Applicability of contract-based licence provisions

Article 140- (1) The provisions governing contract-based licences, as defined in articles 128 and 129 , shall also apply to compulsory licences provided they do not contradict the provisions of articles 132 to 139.

PART EIGHT

Invalidity and The Termination of Rights

SECTION ONE

Invalidity of a Patent

Situations under which a patent becomes invalid

Article 141- (1) Under the following circumstances a competent court may rule a patent invalid after the Institute has made its final decision:

a) If the patent subject does not comply with the patentability conditions defined in articles 84 and 85.

b) If the invention has not been explained, as required by Art. 95, paragraph1-3, to the extent that a technical expert in the area of the invention subject can apply the invention

c) If the patent subject exceeds the scope of the initial application or, if the patent is based on a

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divided application in accordance with Art. 94, or if it is based on an application in accordance with Art. 113, paragraph 3, sub-paragraph (b), and exceeds the initial scope of the most previous application.

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ç) If it is proved that the patent owner, in accordance with Art. 112, is not entitled to claim the patent right.

(2) However, the court cannot rule upon an invalidity request in accordance with the provisions of sub-paragraphs (a), (b) and (c) prior to publication in accordance with the provisions of Art. 102, paragraph 3 or 7.

(3) The claim that the patent owner, in accordance with Art. 112, does not have the right to claim a patent can only be made by the inventor or his/her successors.

(4) If the reasons for invalidity only apply to a section of the patent, the court may decide to annul only the claims pertaining to that section. No claim can be partially annulled. If the remaining claim or claims fulfil the patentability conditions defined in articles 84 and 85, that section of the patent remains valid. If an independent claim is invalidated, and if the individual claims dependent on that independent claim do not every one of them separately fulfil the patentability conditions defined in articles 84 and 85, the court shall annul those dependent claims as well.

(5) Patent invalidity lawsuits can be filed against the person recorded as patent owner in the Register during the patent term and within five years after the patent right has expired. The patent rights owners recorded in the Register must be notified independently in order to ensure their participation in the lawsuit.

(6) Natural and juridical persons as aggrieved parties, state prosecutors and the relevant public authorities can file a patent invalidity lawsuit.

(7) A ruling on patent invalidity does not necessarily invalidate any additional patents. However, if additional patents are not converted into independent patents within three months of notification of the court ruling on invalidity, they also become invalid.

The consequences of patent invalidity

Article 142- (1) If a patent is ruled invalid the consequences are retroactive and the patent application or the patent are considered to have never been protected by this law.

(2) With compensation claims of aggrieved parties in case of mala fide of the patent owner reserved, the retroactive effect of invalidity rulings does not affect the following:

a) Legally binding and executed decisions regarding the violation of patent rights, made prior to the patent invalidity ruling

b) Contracts executed and implemented prior to the patent invalidity ruling.

(3) Full or partial repayment of fees paid in connection with contracts under paragraph 2, sub-paragraph (b), may be claimed on the basis of the fairness principle.

(4) A final ruling on patent invalidity is binding for everyone. A patent invalidity ruling shall be officially notified to the Institute after it has become binding. Patents invalidated this way shall be removed by the Institute from the Register and the status shall be published in the Bulletin.

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SECTION TWO

Expiry of Patent Rights

Expiry and its consequences

Article 143- (1) Patent rights end

a) when the patent term comes to an end or

b) when the patent owner waives his/her patent rights or

c) when the annual fee is not paid as defined in Art. 104.

(2) The Institute publishes the expiry of patent rights in the Bulletin. Expired patent are considered public property the moment the reason for their termination occurs.

(3) Patent owner can waive their right to the entire patent or to one or more patent claims. If the waiver is partial, the remaining claim or claims remain valid, provided the claim or claims constitute a separate patent subject and the waiver is not related to an extension of the patent scope.

(4) Waivers must be notified to the Institute in writing. Waivers become legally binding as of the date of recording in the Register.

(5) Patents cannot be waived without the approval of the rights and licence owners stated in the Register.

(6) If a third party lays claim to a patent, and if a related injunction has been recorded in the Register, the patent cannot be waived without that third party’s approval.

(7) Patent waivers are published in the Bulletin.

PART NINE

Patent Violations

Actions that count as violations of patent or utility model rights

Article 144- (1) The following actions count as violations of patent or utility model rights:

a) Imitation of a patented product by manufacturing it fully or in parts without the permission of the patent or utility model owner

b) To sell, distribute or trade in any other way products manufactured under violation of ownership rights, or to import or keep for sale or use such products with the knowledge that the products are complete or partial imitations or while in a position to know that they are such imitations

c) To use an invented method without the permission of the patent owner or to sell, distribute or trade in any other way products that have been manufactured with direct use of the invented method without permission or to import or use such products with the knowledge

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that they were manufactured with the invented method without permission or while in a position to know that they were manufactured in this fashion

(ç) Illegal appropriation.

(2) If the patent subject is a method for the production of a substance or product the court may request the defendant to provide proof that substances or products that exhibit the same properties were produced without violation of the patented method.

If the patent subject is a method for the production of a novel substance or product every substance or product that exhibits the same properties is considered produced with the patented method. Those who claim the contrary must provide proof for their claim.

(3) As of the day a patent or a utility model application has been published in accordance with the provisions of Art. 100, the respective application owner has the right to file civil charges

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for rights violations. If the violating party has been informed about the application or its scope, the publication condition does not apply. If the court comes to the conclusion that the violating party has acted mala fide the existence of a violation is accepted prior to publication.

PART ELEVEN

Utility Model

Inventions that can be protected as utility models, and exemptions

Article 145- (1) Inventions that are considered novel in accordance with the provisions of Art. 85, paragraph 1, which have a technical effect and with are applicable in industry in accordance with the scope defined in Art. 85, paragraph 6, are protected as utility models.

(2) In addition to the inventions defined in Art. 84, paragraphs 2 and 3, the following inventions cannot be protected as utility models.

a) Inventions regarding chemical or biological substances or chemical or biological methods or products obtained with those methods

b) Pharmaceutical substances or pharmaceutical methods or products obtained with those methods

c) Biotechnological inventions

ç) Methods or products obtained with those methods.

Rights that cannot be claimed with respect to third persons

Article 146- (1) If the essence of an invention that is the subject of a utility model is taken from the description, picture, model, instrument, device or installation of a third person or third persons without those persons’ permission, then the utility model protection provided under this law cannot be claimed with respect to that third person or those third persons.

Formal examination, research request, objections and issue of the utility model certificate

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Article 147- (1) Applications are not approved for processing if any one of the elements defined in Art. 93, paragraph 4, is missing.

(2) If in applications approved for processing at least one of the elements defined in Art. 93, paragraph 1, is missing or if the elements defined in Art. 93, paragraph 3, are in a foreign language, the deficiencies must be remedied and the foreign language sections be translated into Turkish within two months of the application date without this requiring a notification. In case of non-compliance the application shall be considered withdrawn.

(3) The Institute examines applications that meet all requirements as defined in Art. 93, paragraph 1, or that have been completed in accordance with paragraph 2 for compliance with formal requirements as defined in Art. 93, paragraph 6, and the Regulation.

(4) If the application does not comply with formal requirements, the application owner shall be informed and requested to remedy deficiencies within two months of the notification date. Applications that are not remedied within this period of time shall be rejected.

(5) The application owner has to submit a research request in accordance with the conditions defined in the Regulation, and must have paid the fees. This request must be submitted together with the application or within two months of the application date; the application owner shall not be reminded. If the application owner fails to comply, the application shall be considered withdrawn.

(6) If the application owner applies for research in accordance with, paragraph 5 or with Art. 107, paragraph 1, a research report shall be established in accordance with the Regulation; the application owner shall be informed and the report published in the Bulletin.

(7) If it is understood that the subject of the application falls under Art. 145, paragraph 2, or if the description or the claims are not sufficiently clear and thus prevent the establishment of the research report, no research report shall be prepared. The application owner shall be notified and requested to submit its objections or amend the application within three months of the notification. If the application owner fails to submit its objections within the set period of time or if the objections or amendments are not approved by the Institute, the application shall be rejected. If the objections or amendments, if any, are approved, the research report shall be established in accordance with the Regulation, the application owner shall be informed and the report published in the Bulletin.

(8) Within three months of publication of the research report, the application owner can object to its findings by substantiating his/her objections with appended documents. Third persons have the right to state their opinion.

(9) If the application owner does not object and third parties do not communicate their opinion, only the research report is assessed. In the case of objections or statements of opinion they are assessed together with the research report. The assessment is carried out in accordance with the Regulation.

(10) If, as a result of the assessment, the Institute comes to the conclusion to grant a utility model, the application owner is notified about this decision, and the decision and the utility

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model are published in the Bulletin. If the Institute comes to the conclusion that amendments are required, it notifies the application owner accordingly and requests those amendments within two months of notification. If the amendments are approved the utility model is granted, the application owner is notified about this decision, and the decision and the utility model are published in the Bulletin. If the amendments are not carried out or if the amendments are not approved by the Institute, the application is considered withdrawn. This decision is notified to the application owner and published in the Bulletin. After publication of the utility model grant, the certificate shall be handed over to the patent owner, provided the issue of the certificate is requested and the pertaining fee is paid.

(11) After a utility model has been granted only its invalidation can be requested. The objections referred to in Art. 102 do not apply.

(12) If, as a result of its assessment, the Institute comes to the conclusion that the application and the related invention do not comply with the provisions of this law, the Institute shall reject the application. The application owner shall be informed about this decision which shall be published in the Bulletin. Such a decision can be objected to in accordance with the provisions of Art. 103.

(13) The Institute does not assume any responsibility with respect to the validity and usefulness of the subject of a granted utility model.

Invalidity of utility models

Article 148- (1) Under the following circumstances a competent court shall rule a utility model invalid:

a) If the subject of the utility model does not comply with the conditions defined in Art. 145

b) If the utility model has not been explained, as required by Art. 95, paragraph1-3, to the extent that a technical expert in the area of the invention subject can apply it

c) If the utility model subject exceeds the scope of the initial application or, if it is based on a divided application in accordance with Art. 94, or if it is based on an application in accordance with Art. 113, paragraph 3, sub-paragraph (b), and exceeds the initial scope of the most previous application

ç) If it is proved that the utility model owner, in accordance with Art. 112, is not entitled to claim the utility model right.

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(2) Natural and juridical persons as aggrieved parties, state prosecutors, the relevant public authorities and, in accordance with paragraph 1, sub-paragraph (ç), persons with a right to utility model rights can file a utility model invalidity lawsuit.

(2) However, the court cannot rule upon an invalidity request in accordance with the provisions of sub-paragraphs (a), (b) and (c) prior to publication in accordance with the provisions of Art. 102, paragraph 3 or 7.

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(3) Utility model invalidity lawsuits can be filed against the person recorded in the Register as utility model owner during the utility model term and within five years after the right has expired. The rights owners recorded in the Register must be notified independently in order to ensure their participation in the lawsuit.

(4) The claim that the utility model owner, in accordance with Art. 112, does not have the right to claim a utility model can only be made by the inventor or his/her successors. In this case the provisions in Art. 113 of this law apply.

(5) If the reasons for invalidity only apply to a section of the utility model, the court may decide to annul only the claims pertaining to that section. No claim can be partially annulled.

(6) If, after partial invalidation, the remaining claim or claims fulfil the conditions defined in Art. 145, that section of the utility model remains valid.

Applicability of patent-related provisions and double protection

Article 149- (1) If no clear provision regarding utility models exists provisions governing patents also apply to utility models, provided they do not contradict the characteristics of a utility model.

(2) Neither can more than one independent patent or utility model be granted for the same subject of invention and with the same scope of protection to the same person or their successors, nor can both documents [patent and utility model certificate] be issued to them.

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BOOK FIVE

Common, Other and Final Provisions

PART ONE

Common Provisions

Deadlines and notifications

Article 150- (1) The deadline for procedures regarding industrial property rights is two months as of the notification date, if not stated otherwise in this law or the Regulation. In case of non-compliance the request [application] is considered not having been made.

(2) The provisions of this article also apply to applications for traditional product names and the related procedures.

Joint representative

Article 151- (1) If an industrial property right application is owned by more than one person, all procedures at the Institute, with the exception of withdrawal and waiver requests, are carried out by a joint representative of the rights owners. If the rights owners do not appoint a joint representative, the first named rights owner in the application form is considered their joint representative.

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(2) If the industrial property right application is owned by more than one person, and if the joint representative determined in accordance with paragraph 1 resides outside the border to the Republic of Turkey, procedure are carried out via a brand or patent representative.

(3) The provisions governing warranted trademarks and joint trademarks remain reserved.

(4) The provisions of this article also apply to applications for traditional product names and the related procedures.

Legal procedures

Article 152- (1) Industrial property rights can be transferred, bequeathed, become the subject of user rights licences, be pledged, be used as security, be sequestrated, or become the subject of other legal procedures.

(2) The legal procedures under paragraph 1 can be carried out independently of the enterprise.

(3) Legal procedures regarding industrial property rights require written form. Transfer, licencing and pledge agreements are only valid if they are official.

(4) Legal procedures regarding industrial property rights are recorded in the Register and published in the Bulletin. Rights emanating from legal procedures that are not recorded in the Register cannot be held against bona fide third parties; the provisions of articles 75 and 117 of this law remain reserved.

(5) The provisions in paragraph 1 and 3 also apply to industrial property right applications.

(6) Transfer of warranted trademarks or joint trademarks or the issue of licences for joint trademarks are valid when recorded in the Register.

Request a rights owner whose industrial property rights have been violated can make

Article 153- (1) The owner of industrial property rights that have been violated can request a court to do the following:

a) to determine whether or not the action in question constitutes a rights violation

b) to prevent the violation

c) to stop the action that constitutes a rights violation

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ç) with the elimination of the violation to assign material and immaterial compensation; in this context, and as a matter of priority, to impound the products, whose manufacture and use are sanctioned by penalties because of the violation of rights, as well as the devices, machines and other instruments

d) to assign the property rights to the materials impounded in accordance with sub-paragraph ç to the plaintiff

e) to take measures that prevent a continuation of the violation

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f) at the expense of the violating party to change the form of the materials impounded in accordance with sub-paragraph (ç), to deleted the trademarks on them or to destroy them if this is unavoidable for the prevention of industrial property rights violations

g) If a justified reason or interest exists, at the expense of the other party, to publish the final ruling fully or as an abstract in a daily newspaper or similar medium, and to notify the final ruling to the interested parties.

(2) If the request in paragraph 1, sub-paragraph (d) is accepted, the value of the products, devices and machines is deducted from the awarded compensation. If their value exceeds the compensation, the balance is repaid by the rights owner to the other party.

(3) If the request in paragraph 1, sub-paragraph (g) is accepted, form and scope of the publication are defined in the ruling. The publication right must be used within three months of the date the ruling becomes binding.

(4) The provisions of this article also apply to the violation of rights granted for traditional product names.

Compensation

Article 154 - (1) Persons who commit an act of industrial property rights violation are liable to compensate the loss suffered by the industrial property rights owner.

(2) If a person, who is using a patent-protected invention in any way [without permission], does not stop the [unlawful use] violation even after having been made aware by the patent owner of the existence of the patent and the violation, and been asked to refrain from it, then that person is liable to compensate the loss caused by his/her action. The same applies if the usage constitutes a misconduct.

(3) If the reputation of the industrial property right suffers as a result of misuse by the violator, bad production or the way the products are brought to market, this constitutes a separate case for compensation claims.

(4) Prior to the opening of legal proceedings in a compensation case brought with the claim of violation of industrial property rights, the industrial property rights owner may request the court to order the other party to submit to the court documents pertaining to the use of the industrial property right. Such documents exclude those considered business secrets, and serve the purpose of providing evidence or of determining the amount of compensation in pending compensation cases.

(5) If the awarded compensation is higher than the fee the rights owner receives from other persons for their use of the rights in other ways [legal licence holders], the compensation is reduced taken those fees into account.

(6) The provisions of this article also apply to the violation of rights granted for traditional product names.

Profit loss

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Article 155 - (1) The damage suffered by the industrial property rights owner is not limited to the value of the actual loss but also includes profits lost as a result of the rights violation.

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(2) The profit loss is calculated in one of the following ways; the rights owner can choose one of the alternative methods:

a) The likely income the rights owner would have earned by making use of the rights without the competition caused by the rights violating party

b) The profit gained by the violating party with the illegally used rights

c) The licence fee the violating party would have paid to the rights owner under a legal licencing agreement.

(3) When calculating the profit loss, the economic importance of the industrial property right and effects on aspects such as number, term and type, etc. of licences granted for the industrial property right in question are considered in particular.

(4) If the calculation of profit loss is based on the provisions of paragraph 2, sub-paragraph (a) or (b), and if the court comes to the conclusion that the industrial property right was decisive in creating demand for the product, it shall add a fairness share to its compensation award.

(5) If the court comes to the conclusion that the patent owner has not complied with his/her patent usage obligation as defined in this law, the profit loss shall be calculated in accordance with paragraph 2, sub-paragraph (c).

(6) The provisions of this article do not apply to the violation of rights granted for traditional product names or for geographic origin labels.

Exclusion of rights

Article 156- (1) After protected products have been brought to market in Turkey either by the rights owner or, with the rights owner’s permission, by third persons, actions regarding those products are not included in the scope of rights.

(2) The rights owner can request that third persons are prevented from changing or downgrading products under paragraph 1 for commercial purposes.

Persons who cannot be held liable

Article 157- (1) under this law, the industrial property rights owner can neither file civil charges against persons who possess or use products, brought to market under violation of industrial property rights, to the extent of their personal needs only, nor can the industrial property rights owner report the case to initiate criminal charges.

(2) Under this law, the industrial property rights owner can neither file civil charges against the following persons nor report their cases to initiate criminal charges: Persons who use [illegal] products for commercial purposes, brought to market by the person, who has paid compensation to the rights owner for losses, because the rights owner has not confiscated them.

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(3) The provisions of this article also apply to the violation of rights granted for traditional product names.

Non-existence of industrial property rights violations – Lawsuits and conditions

Article 158- (1) Every interested party has the right, via a notary public, to request the opinion of a rights owner on whether or not a trade or industrial activity the interested party is undertaking or planning to undertake in Turkey, or its serious and factual commitments in this respect constitute a violation of industrial property rights. If such a request is not answered within one month of its notification or if the answer is not acceptable to the interested party, the interested party may take the matter to court with the request of a ruling in its favour, namely, that its actions do not constitute a violation of industrial property rights.

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(2) Such a case cannot be brought by a person against whom a case for violation of industrial property rights is pending.

(3) Lawsuits are notified to all rights owners recorded in the Register.

(4) The lawsuits defined in this paragraph can be filed together with an invalidity case.

(5) Prior to an announcement in accordance with the provisions of Art. 150, paragraph 3 or 71, the court cannot rule on the validity of the claims made.

(6) The provisions of this article also apply to traditional product names.

The effect of prior rights

Article 159- (1) In rights violation lawsuits, filed by rights owners with a previous priority or application date, in its defence, the [accused] rights owner of trademarks, patents or designs cannot put forth its industrial property rights.

Competent and authorised court

Article 160- (1) The competent courts for lawsuits under this law are the courts for intellectual and industrial property rights. These courts are presided by a single judge. The courts’ range of judicial authority is defined by the Supreme Council of Judges and Prosecutors. In places without an intellectual and industrial property rights court, upon suggestion by the Justice Ministry, the Supreme Council of Judges and Prosecutors decides which local civil or criminal court of first instance to assign the task of special court, and defines their range of judicial authority.

(2) In the case of lawsuits brought against decisions taken by the Institute in accordance with the provisions of this law, and in lawsuits brought by third persons aggrieved by decisions of the Institute, the competent and authorised courts in accordance with paragraph 1 are the courts for intellectual and industrial property rights Ankara.

(3) In the case of civil lawsuits brought by industrial property rights owner against third parties, the competent court is the court at the place of residence of the plaintiff or the court at

1 „150 nci maddenin üçüncü veya yedinci fikrasi uyarinca”… Art. 150 has only 2 paragraphs. Translator’s note.

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the location where the illegal action has occurred or the court at the location where the effects of the action have become obvious.

(4) If the plaintiff does not reside in Turkey, the competent court is the court at the location where - at the moment the charges were filed - the legal representative, as recorded in the Register, had his/her place of work. If the record on legal representation has been deleted, the competent court is the court at the location of the Institute’s headquarters.

(5) In the case of lawsuits brought by third parties against the owner of industrial property rights applications or the industrial property rights owner, the competent court is the court at the place of residence of the defendant. If the owner of industrial property rights applications or the industrial property rights owner does not reside in Turkey, the provisions of paragraph 4 apply.

Statute of limitations

Article 161- (1) In case of private law claims resulting from a violations of industrial property rights the statute of limitations-related provisions of law No 6098 apply.

Lawsuits filed by licensees and their conditions

Article 162- (1) In the case of industrial property rights violations by third parties, and unless agreed otherwise in the licencing contract, persons with an exclusive licence have the right to file charges in their own name that, under the provisions of this law, can be brought by the rights owner. Owner of non-exclusive licences do not have the right to file lawsuits.

(2) Licensees which in accordance with the provisions of paragraph 1 cannot file lawsuits in case of industrial property rights violations, can request the rights owner to file charges. For this purpose a notification must be sent to the rights owner via a notary public. If the rights owner rejects the request or fails to file charges within three months of this notification,

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the licensee can bring charges in its own name; the notification to the rights owner must be appended to the filing. If the licensee initiates legal proceedings, it must inform the rights owner about it.

(3) In the presence of a risk of serious loss, the licensee may request a court to issue an injunction order even before the above-mentioned deadline has expired.

Request for injunction and quality of the injunction

Article 163- (1) Persons who, under the provisions of this law are entitled to file lawsuits, may request the issue of injunction orders in order to ensure the effectiveness of the legal proceedings. For this purpose they must prove that the usage which is the subject of the case occurs in Turkey and in a way that it violates their industrial property rights, or they must prove that serious and effective preparations are being made for the purpose of such a usage.

(2) Injunctions must be of such a quality as to ensure the effectiveness of a future ruling, and they must include the following measures:

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a) The actions that constitute a violation of the industrial property rights of the plaintiff must be stopped

b) Goods that have been manufactured under violation of industrial property rights or imported goods that fit this description, or equipment used to perform a patented method without permission must be impounded where they are found within the border of Turkey, including at customs or in free-trade ports or zones, and be safely stored.

c) Issue of securities for the purpose of future compensation of losses.

(3) In the case of injunction-related aspects not dealt with in this law the provisions of law No 6100, Civil Procedure Law, of 12/01/2011, apply.

Impounding at customs

Article 164- (1) In the case of industrial property rights violations, upon request by the rights owner, the customs administration shall proceed in accordance with paragraph 57 of law 4458 with respect to products that are subject to customs-approved procedures or usages.

Persons authorised to take action, and notification

Article 165- (1) Natural and juridical persons as well as persons authorised by the former and recorded in the Register as trademark or patent representatives are allowed to take action at the Institute.

(2) Juridical persons are represented by one or several natural persons who are appointed by the juridical person’s authorised organs.

(3) Persons residing outside the country can only be represented by trademark or patent representatives.

(4) If trademark or patent representatives have been appointed, all procedures are mediated by these persons. Notifications to the representatives are considered made to the rights owner.

(5) If necessary, the Institute may request that the representatives present the original or a notarised copy of their power of attorney.

(6) Notifications under this law and under law No 5147 of 22/04/2004 – Law on the Protection of Integrated Circuit Topographies – may be sent by the Institute in an electronic medium via email to the email addresses assigned by the Institute to the natural or juridical persons. In this context, the Institute is not subject to the procedures of article 7/a of law No 7201 of 11/02/1959 (Notification Act), which govern electronic notifications. Notifications made this way are considered served at the end of the fifth day following their entry into the email inbox of the addressee.

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(7) Notifications under this law and law No 5147 made in the form of announcements shall be published on the Institute’s official website. In this context, the Institute is not bound by the form requirements of article 29, law No 7201.

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(8) With respect to applications and notifications in an electronic medium, the ministry is authorised to establish any kind of technical infrastructure or to use the structures already established, to make the submission of applications, requests and notifications in an electronic medium compulsory, and to define all other principles and procedures regarding the submission of applications and notifications in an electronic medium.

Fees, payment terms and their consequences

Article 166-(1) If information regarding the payment of fees necessary for the issue of industrial property rights or for registration procedures is not submitted to the Institute until the deadline defined in this law or the Regulation, the application for industrial property rights is considered withdrawn.

(2) If information regarding the payment of fees for Register-recorded industrial property rights procedures not mentioned in paragraph 1 is not submitted to the Institute until the deadline defined in this law or the Regulation, the pertaining request is considered not made.

(3) If, with the exception of articles 23, 25 and 29 of this law, payments related to application or industrial property rights procedures are deficient, the Institute shall inform the request owner about the outstanding amount. If information regarding payment of the outstanding amount is not submitted to the Institute within one month of notification, the provisions of paragraph 1 and 2 apply.

(4) Unless provided otherwise, paid fees are not returned, and booked as income by the Institute.

Execution of court rulings

Article 167 – The rulings passed in invalidity lawsuits and in cases in which the annulment of Board decision is requested shall not be executed before they become binding. The same applies to the secondary consequences of rulings.

Quick destruction process

Article 168- (1) If objects, implicated in punishable acts, and taken into safekeeping or confiscated in connection with punishable acts under this law, for reasons of their quantity, dimensions or quality can no longer be stored in the evidence room, upon instruction of a state prosecutor they are sent to the highest fiscal office at the location after samples have been taken of those objects where this was possible. The samples and a protocol detailing the amount, type, dimensions and other information of the confiscated objects are handed over to the chief prosecutor’s office.

(2) If the objects under paragraph 1 to be sent to the highest fiscal office are at risk of damage or a serious value loss or if their storage requires great expenses, after the establishment of an expert report and upon the request of a prosecutor made in the investigation phase, a judge may decide in the trial phase and before passing a sentence that the objects be destroyed. The destruction procedure is carried out in the presence of a three-member commission established by the fiscal office and headed by the prosecutor. The destruction is documented in a protocol.

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SECTION TWOMiscellaneous

ARTICLE 169 - Items (a), (e), (i) and (k) of paragraph one under article 3 to the law number 5000 on Foundation and scope of duty of the Turkish Patent Institute, dated 6/11/2003, were modified as follows: "a) Carries out registration of and tasks related to patents, utility models, trademarks, geographical indications, traditional brand names, designs and network topologies;""e) Manages industrial property affairs and collaborates with the European Union, international organizations and foreign countries;" "i) Publishes material related to industrial property rights; and" "k) Makes efforts to deliver training on industrial property rights to individuals and organizations abroad and within the country, establishes institutional structures for the purpose of performing such work, and promotes relevant training activities and academic work within its scope of duty."

ARTICLE 170 - Item (d) under article 4 of the Law number 5000 was modified as follows: "d) Intellectual Property Academy"

ARTICLE 171 - Article 7 of the Law number 5000 was modified as follows: "ARTICLE 7 - The Institute's Advisory Board comprises five members to be selected from universities by the Council of Higher Education and one member each from the Ministry Justice, Ministry of European Union Affairs, Ministry of Science, Industry and Technology, Ministry of Labor and Social Security, Ministry of Environment and Urban Planning, Ministry of Foreign Affairs, Ministry of Economy, Ministry of Food, Agriculture and Livestock, Ministry of Customs and Trade, Ministry of Internal Affairs, Ministry of Development, Ministry of Culture and Tourism, Ministry of Finance, Ministry of National Education, Ministry of National Defense, Ministry of Health, Ministry of Transport, Maritime Affairs and Communication, Ministry of Forestry and Water Affairs, Undersecretariat of Treasury, Scientific and Technological Research Council of Turkey, Turkish Atomic Energy Authority, Small and Medium Enterprises Development Organization, Turkish Exporters Assembly, Turkish Union of Chambers and Commodity Exchanges, Union of Chambers of Turkish Engineers and Architects, Turkish Union of Physicians, Turkish Union of Veterinarians, Turkish Union of Pharmacists, Confederation of Turkish Tradesmen and Craftsmen, and employer and worker confederations with the highest number of members. If deemed necessary, the Board of Directors may invite experts to Advisory Board meetings. Members of the Advisory Board are elected for a period of two years. Members whose period of duty has expired may be reelected. Working principles and procedures of the Advisory Board shall be laid out in a regulation. The Advisory Board shall meet at least once a year. The board's meetings shall be moderated by a person to be assigned by the Minister of Science, Industry and Technology."

ARTICLE 172 - Article 10 of the Law number 5000 was modified as follows together with its title:

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"Intellectual Property AcademyARTICLE 10 - Training, consultancy and research activities related to intellectual and industrial property rights shall be performed by the Industrial Property Academy. Within the Academy, training on copyrights shall be offered by the Copyrights Training Center of the Ministry of Culture and Tourism, and training industrial property rights shall be offered by the Industrial Property Rights Training Center of the Turkish Patent Institute. Expenses related to Training Centers shall be covered by the relevant Ministry or Institution. An Executive Board shall be formed in order to plan, evaluate and decide on training activities to be carried out at the Intellectual Property Academy. This Board shall comprise one representative of the Institute, one representative from the relevant department of the Ministry of Culture and Tourism, two academicians specialized in industrial property rights and copyrights respectively, one trademark or patent attorney and one representative from the professional associations. Executive Board Meetings of the Intellectual Property Academy shall be co-moderated by the representatives of the Institute and Ministry of Culture and Tourism. Members shall be assigned for a period of three years. Members whose period of duty has expired may be re-elected. Working principles and procedures, secretariat services, fees, training activities and other issues related to the Executive Board of the Intellectual Property Academy and training centers shall be laid out in a regulation to be issued by the Ministry of Culture and Tourism and the Institute."

ARTICLE 173 - Items (c) and (d) under paragraph one of article 11 of the Law number 5000 were modified as follows and the following items were added to the article: "c) Department of Designs a) Department of European Union and Foreign Affairs" "e) Department of Innovation and Promotionf) Department of Geographical Indications g) Department of Reviews and Evaluations"

ARTICLE 174 - Item (e) under paragraph one of article 13 of the Law number 5000 was repealed.

ARTICLE 175 - Article 14 of the Law number 5000 was modified together with its title as follows: "Department of DesignsARTICLE 14 - Department of Designsa) Carries out registration, filing, inspection, inquiry and assessment of designs in line with provisions of the relevant legislation; b) Carries out licensing, transfer and similar changes related to designs and design registration applications in line with provisions of the relevant legislation; c) Announces, classifies and enters designs into registry; d) Acts as the secretariat of the Turkish Design Consultancy Council; ande) Performs other tasks assigned to the Department."

ARTICLE 176 - Article 15 of the Law number 5000 was modified together with its title as follows: "Department of European Union and Foreign Affairs

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ARTICLE 15 - Department of European Union and Foreign Affairs a) With regards to European Union matters which lie within the scope of duty of the Institute; the department makes preparations for negotiations, takes part in meetings, carries out harmonization and application work regarding decisions made by European Union-Turkey association instruments, and establishes coordination among the Institute's various units. b) With regards to matters which lie within the scope of duty of the Institute; the department manages relations with foreign countries and international organizations, establishes coordination, and assists in preparation of mutual, multilateral and regional cooperation agreements and protocols. c) Follows and observes international treaties which lie within the scope of duty of the Institute and performs work necessary to fulfill obligations. d) Within the framework of the Law number 1173 on Management and Coordination of International Relations, dated 5/5/1969, the department takes actions in order to take part in international agreements which lie within the scope of duty of the Institute. e) Follows and accommodates relevant legislation of foreign countries for matters which lie within the scope of duty of the Institute. f) In case necessary, the department advises the Ministry for legislative rearrangements. g) Performs other tasks to be assigned."

ARTICLE 177 - The following Articles 15/A, 15/B and 15/C were added and follow article 15 of the Law number 5000: "Department of Innovation and Promotion ARTICLE 15/A - Department of Innovation and Promotion a) Carries out activities such as following the relevant sectors, surveying and determining assets of real and legal entities which might be subject to industrial property rights as well as the ways they are utilized in generate value from industrial property rights and contribute such value to national economy; b) Determines value of industrial property rights; c) Carries out commercialization activities such as finding out innovation and technologies and technology transfer; d) Collects, classifies and presents to public use all data obtained as a result of innovation support activities; e) Offers consultancy services for matters which lie within the scope of innovation support activities; f) Prepares and publishes application guidelines, brochures, conceptual and promotional videos and documentaries on industrial property rights and the relevant legislation as well as materials in all kinds of media; g) Determines, plans and applies objectives and strategies related to promotion of industrial property rights; h) Performs all kinds of training activities related to industrial property rights; organizes seminars, conferences, symposiums and similar events; takes part in fairs; i) Engages in collaboration as may be necessary to assist the information and documentation units of the institute; and j) Performs other tasks to be assigned.

Department of Geographical Indications ARTICLE 15/B - Department of Geographical Indications

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a) Performs recording, filing, inspection, inquiry, evaluation and registration of applications submitted for geographical indications and traditional brand names in line with provisions of the relevant legislation; b) Announces and enters into registry geographical indications and traditional brand names; andc) Performs other tasks to be assigned.

Department of Reviews and Evaluations ARTICLE 15/C - Department of Reviews and EvaluationsReviews and evaluates objections which may be submitted by right holders and third parties against decisions made by the Institute on industrial property rights and relevant processes within two months following announcement of such decisions. Decisions for which a review or evaluation has been requested shall be reviewed by a commission led by the Head of the Department and involving at least two expert members who are specialized in the topic of review and have not been assigned to the decision for which the objection in question was made. Decisions to be made by the Department of Reviews and Evaluations shall be constitute the decisions of the Institute. Within two months following announcement of a department decisions, a claim may be filed at Civil Courts for Intellectual and Industrial Property Rights which are based in Ankara. Any court decree that may be awarded for cancellation of a decision made by the Commission of Reviews and Evaluations shall be executed only after becoming finalized. This provision shall be applicable also for accessories to such court decrees. Time lapse periods regarding any such court decree shall start as of the date the decree becomes final. References which may be made to the Commission of Reviews and Evaluations in this Law and other legislations shall be deemed to have been made to the Department of Reviews and Evaluations."

ARTICLE 178 - Items (b) and (c) under paragraph one of article 16 of the Law number 5000 were modified as follows: "b) Department of Supporting Servicesc) Department of Information Processing"

ARTICLE 179 - Article 18 of the Law number 5000 was modified together with its title as follows: "Department of Supporting Services ARTICLE 18 - Department of Supporting Servicesa) Carries out leasing and purchasing processes within the framework of provisions of the Law number 5018 on Public Finance Management and Control, dated 10/12/2003, and performs or procures cleaning, security, heating, repair, transportation and similar services; b) Manages and performs general documentation and archival activities; c) Carries out processes relevant to the movable and immovable properties of the Institute within the framework of the relevant legislation;d) Plans and executes the Institute's civil defense and mobilization services; e) Carries out library services; andf) Performs other tasks to be assigned."

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ARTICLE 180 - Article 19 of the Law number 5000 was modified together with its title as follows: "Department of Information Processing ARTICLE 19 - Department of Information Processinga) Follows information technologies, determines the Institute's automation strategies, takes measures required to ensure information security, produces solutions in compliance with the public informatics standards; b) Carries out information processing services of the Institute; c) Carries out technical studies on the Institute's web pages, electronic signature and electronic document applications; d) Collects information on the Institute's services and establishes databases; e) Manages installation, maintenance, development, reinforcement and updates of the Institute's current information processing infrastructure, and ensures security of communication; f) Transmits data between the Institute's documentation centers as well as between national and international institutions with which the Institute collaborates; establishes and develops the scope of technical coordination required for electronic communication; collects, evaluates and presents to the relevant units information about industrial property rights from domestic and foreign resources in the electronic environment; g) Performs other tasks to be assigned."

ARTICLE 181 - The following item was added to paragraph one under article 20 of the law number 5000: "c) Department of Strategy Development"

ARTICLE 182 - Article 22 of the Law number 5000 was modified as follows:"ARTICLE 22 - Legal Consultancy Unita) Carries out the duties assigned to legal units as per the legislative decree number 659, dated 26/9/2011, on Execution of Legal Services at Public Administrations within the Scope of General Budget and Special-Budgeted Administrations; b) Responds to writs presented by courts and enforcement offices; and c) Performs other tasks to be assigned."

ARTICLE 183 - The following article 22/A was added and follows article 22 of the Law number 5000: "Department of Strategy DevelopmentARTICLE 22/A - Department of Strategy Developmenta) Carries out the tasks assigned to strategy development and financial services units as per the Law number 5018, article 15 of the Law number 5436, dated 22/12/2005, and other relevant legislations; b) Carries out processes related to trademark and patent attorneyship as well as registry processes of trademark and patent attorneys; c) Carries out secretariat services of the Advisory Board; d) Issues the notification regarding fees to be collected in return for the services offered by the Institute on the basis of the relevant decision of the Board of Directors;e) Performs other tasks to be assigned."

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ARTICLE 184 - Paragraph one under article 23 of the Law number 5000 was modified as follows, its paragraphs three and four were repealed, and the expression "having returned positive registry inquiry results" was removed from the text of item (b) of paragraph six: "Members to the Board of Directors shall be assigned from among individuals who received at least four years of higher education abroad or within the country and have adequate professional knowledge as well as 10 years of experience. It is necessary for representatives of the Ministry of Justice and Ministry of Finance to have worked for ten years at the relevant ministries and have adequate professional knowledge and experience. It is also necessary for one of the members to be determined by the Ministry of Science, Industry and Technology to have worked for ten years in the public and/or private sector and is a representative of the Turkish Union of Chambers and Commodity Exchanges. Furthermore, these members are required to comply with the terms laid out in paragraph (A) under article 48 of the Law number 657 on Civil Service, dated 14.7.1965."

ARTICLE 185 - Paragraph three under article 25 of the Law number 5000 was modified as follows:"Even if not stated in the relevant laws; movable and immovable properties of the Institute, their sales and purchases, donations and incentives to be offered to the Institute, lawsuits, proceedings and court decrees to which the Institute is a party, all land deed processes related to immovable properties acquired by the Institute, any Institute transactions and correspondences and documents as well as their copies which may be required to be obtained for submission to the court authorities shall be exempted from all types of expenses, taxes, duties and charges. No collateral shall be necessary for lawsuits and execution proceedings to which the Institute is a party."

ARTICLE 186 - Paragraph one under article 26 of the Law number 5000 was modified as follows: "Local or foreign experts to be hired domestically or from abroad may be contracted upon approval of the Board of Directors, taking the Institute's needs into consideration."

ARTICLE 187 - Article 30 of the Law number 5000 was modified as follows: "Real or legal entities which are authorized to offer consultancy on industrial property rights and to take action on behalf of applicants before the Institute are as follows: Patent attorneys for patents, utility models and network topologies; trademark attorneys for trademarks, geographical indications and traditional brand names; and both patent attorneys and trademark attorneys for design issues. Real entities are required to meet the following conditions in order to become patent or trademark attorneys: a) Being a citizen of the Republic of Turkey. b) Having the capacity to act.c) Having graduated from four-year undergraduate programs of higher education institutions on patent and trademark attorneyship or from a higher education institution abroad, the equivalence of which is recognized by the relevant competent authorities. d) Having not been convicted for crimes against State security, crimes against the constitutional order or its functioning, embezzlement, bribery, theft, fraud, forgery,

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breach of faith, fraudulent bankruptcy, collusive tendering, laundering of assets acquired through crime or smuggling; even if the periods laid out in article 53 of the Law number 5237, dated 26/9/2004, on the Turkish Penal Code may have expired or five or more years of imprisonment may have been served for an intentional crime or a pardon may have been received. e) Residing in Turkey. f) Having passed patent attorneyship or trademark attorneyship exams. g) Registering in the Patent Attorneyship Registry or Trademark Attorneyship Registry kept by the Institute. It is necessary for a patent attorney or trademark attorney that is a legal entity to have been founded as a limited liability or joint stock company in accordance with the laws of the Republic of Turkey, cover patent or trademark attorneyship in its scope of operation, and be represented by real entities who are patent or trademark attorneys. An attorney that is a real entity may exercise their attorneyship powers only in representation of a single legal entity regardless of whether such real entity is a partner or employee of more than one legal entity. Attorneys who exercise their attorneyship powers in this manner may not act as an attorney of a real entity. An attorney that is a real entity, save for individual criminal liability, is conjointly accountable together with the legal entity they represent before the grantor of proxy. Patent attorneyship and trademark attorneyship exams are carried out once in every two years upon the relevant decision to be made by the Institute's Board of Directors. Only individuals who meet the conditions laid out in items (a), (b), (c) and (d) of paragraph two are admitted to the exams. In order for those who pass patent attorneyship or trademark attorneyship exams to act as patent attorneys or trademark attorneys, they are required to register in the Patent Attorneyship Registry or Trademark Attorneyship Registry respectively. The period and amount of the Professional Liability Insurance which is required to be obtained for registration and renewal of registration in the registry shall be determined by the Institute's Board of Directors. Principles and procedures related to patent attorneyship and trademark attorneyship exams and registration processes shall be laid out in a regulation. Exam participation, documentation, registration and registration renewal fees related to patent attorneyship and trademark attorneyship exams shall be noted in the notification about the fee tariff adopted by the Institute. Regarding power of attorney, provisions of the Law number 6098 on Turkish Law on Obligations, dated 11/1/2011, shall be applicable for matters which are not defined in any provision of this Law."

ARTICLE 188 - The following article 30/A was added and follows article 30 of the Law number 5000: "Disciplinary actions, acts subject to disciplinary action and disciplinary board ARTICLE 30/A - Disciplinary actions laid out herein shall be exercised for those who do not fulfill duties attributed to attorneys and display actions and behavior contradicting with the professional codes of patent attorneyship and trademark attorneyship, which are adopted upon consulting opinions of the Turkish Union of Chambers and Commodity Exchanges and the attorneyship association with the highest number of members and published on the Institute's website. Disciplinary actions to be imposed on patent attorneys and trademark attorneys and acts and situations which require disciplinary action to be taken are as follows:

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a) Warning: Written notification that states the necessity of acting more carefully in execution of attorneyship as well as in professional behavior and attitude. Warnings are issued to attorneys who display behavior and attitudes contradicting with professional codes of conduct. b) Reprimand: Written notification that describes failure in execution of attorneyship as well as in professional behavior and attitude. Those who, after having received a warning, repeat the same action within two years or fail to fulfill attorneyship liabilities or act as an attorney of parties with contradicting interests during any process carried out before the Institute shall be reprimanded. c) Temporary suspension of attorneyship: Suspension of attorneyship activities for a minimum period of three months and maximum of one year. Those who, upon having been reprimanded, repeat the same action within a period of five years or exercise attorneyship rights and powers in contradiction to the original power of attorney or use titles, web domains or other promotional instruments belonging to the Institute in a manner that may cause confusion shall be temporarily suspended. d) Removal from attorneyship: Prohibition of attorneyship activities indefinitely. Those who, upon having been temporarily suspended, repeat the same action within a period of five years shall be removed from attorneyship. Action may be taken before an administrative court against decisions to impose or not impose disciplinary actions. Persons who were removed from their positions as a result of a finalized disciplinary action may not become a patent or trademark attorney again. The Disciplinary Board for Patent and Trademark Attorneys shall comprise a total number of seven members; one form the Ministry, three from the Institute and 3 from among patent attorneys or trademark attorneys who have been actively serving in their profession for a minimum period of five years and not received any of the disciplinary sanctions laid out in paragraph two in line with a Disciplinary Board decision. The same number of reserve members shall also be selected following the same procedure. All members shall be assigned by the Ministry of Science, Industry and Technology. Prior to proposing to the Ministry members from among patent attorneys or trademark attorneys, the Head of the Institute consults opinions of the two attorneyship associations with highest number of members and two chambers of commerce with the highest number of members. Members of the Disciplinary Board are assigned for a period of three years. In case a criminal case is filed against a member due to one of the crimes laid out in item (d) of paragraph two under article 30, such member may not take part in meetings until the criminal case in question is finalized. In that case, such member shall be replaced by a reserve member. Membership of members who do not take part in two consecutive meetings without an excuse or lose their eligibility shall be terminated. Such members shall then be replaced by reserve members. Principles and procedures regarding the Disciplinary Board and other matters related to discipline shall be laid out in a regulation."

ARTICLE 189 - The following article 33/A was added and follows article 33 of the Law number 5000: "Article 33/A - In the Law number 657 on Civil Service; a) The expressions "Assistant Trademark Experts" and "Assistant Patent Experts" were

modified to "Assistant Industrial Property Experts" and the expressions "Trademark Expert" and "Patent Expert" were modified to "Industrial Property Expert" in item (11) of

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paragraph (A) under the "Common Provisions" section of article 36; and b) The expressions "Trademark Experts" and "Patent Experts" were modified "Industrial Property Expert" in subparagraph (i) of the paragraph titled "A-Special Service Benefits" under section "II-Indemnity" of article 152. References made to trademark and patent experts as well as to assistant trademark and patent experts in this law and other legislations shall be deemed to have been made to Industrial Property Experts and their Assistants."

ARTICLE 190 - The following article was added to the Law number 5000:"ADDITIONAL ARTICLE 1 - The positions found in the attached list number (1) were created and added to the relevant section of the tables attached to the Legislative Decree number 190, while the positions found in the attached list number (2) were cancelled and removed from the relevant section of the tables attached to the Legislative Decree number 190. As of the effective date of this Law, the Institute's Patent Experts, Trademark Experts and Trademark Experts assigned to persons shall be deemed to have been assigned to Industrial Property Expert positions and Assistant Patent Experts and Assistant Trademark Experts shall be deemed to have been assigned to Assistant Industrial Property Expert positions at their current staff levels without any additional action to be taken. Assignments may be made to the Assistant Industrial Property Expert positions and Lawyer positions without any prior permit within two years as of the effective date of the Law."

ARTICLE 191 - The following provisional article was added to the law number 5000: "PROVISIONAL ARTICLE 3 - Periods of duty of the those who are employed in the department staff positions provided in chart number (2), which is attached to this Law, shall expire as of the effective date of this Law, and the persons employed in those positions shall be deemed to have been assigned to the advisor positions provided in chart (3), which is also attached to this Law. In case the advisor positions created in line with chart (2), which is attached to this Law, are vacated due to any reason, such positions shall be deemed to have been cancelled without taking any additional action. In case the total net amount (which shall be considered as a fixed value) of the contracted salary, wage, compensation, monthly payment, additional indicator, premium (net amount for one month), all kinds of raises and indemnities, additional fees, additional payments, executive compensation, representative compensation, incentive payments and any other type of payments made under similar categories (excluding overtime and additional course fees paid in accordance with the relevant legislation) received by personnel who is assigned to an advisor position as per this article in the latest month in his previous position prior to having been assigned to his new position exceeds the total net amount of the contracted salary, wage, compensation, monthly payment, additional indicator, premium (net amount for one month), all kinds of raises and indemnities, additional fees, additional payments, executive compensation, representation compensation, incentive payments and any other type of payments made under similar categories (excluding overtime and additional course fees paid in accordance with the relevant legislation) paid for the newly assigned position; the difference between the former and latter shall be paid as a separate compensation without any taxation or deduction until the difference is eliminated. Payment of difference compensation shall be ceased for those who make discretional changes in the positions they have been assigned to as well as for those who are assigned to other institutions at their own discretion."

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ARTICLE 192 - Article 39 of the Law number 5147 was repealed.

ARTICLE 193 - The expression "industrial design" found in paragraph one under article 21 of the Law number 278 on Foundation of the Scientific and Technological Research Council of Turkey, dated 17/7/1963, was modified to "design".

ARTICLE 194 - The expression "industrial designs" found in the tariff number (8) attached to the Law number 492 on Fees, dated 2/7/1964, was modified to "designs" and the expression "industrial design" was modified to "design".

ARTICLE 195 - The following item was added to paragraph one under article 16 of the Law number 3065 on Added Value Tax, dated 25/10/1984. "d) Application and inquiry processes related to patent applications submitted as of 1/1/1996 to the International Office of the World International Property Organization in accordance with the Patent Cooperation Treaty, to which Turkey became a party in accordance with the Law number 4115, dated 7/7/1995."

SECTION THREEFinal Provisions

RegulationARTICLE 196 - (1) Regulation referenced to in this Law are prepared by the Turkish Patent Institute and put into effect within three months as of the publication date of this Law.

Abolished legislationARTICLE 197 - (1) The Legislative Decree number 551 on Protection of Patenting Rights, dated 24/6/1995; Legislative Decree number 554 on Protection of Industrial Designs, dated 24/6/1995; Legislative Decree number 556 on Protection of Geographical Indications, dated 24/6/1995; and Legislative Decree number 556 on Protection of Trademarks, dated 24/6/1995 were repealed.

Implementation of provisions of the Legislative Decrees 551, 554, 555 and 556 PROVISIONAL ARTICLE 1 - (1) National and international trademark, design and geographical indication applications submitted to the Institute prior to the effective date of this Law shall be concluded in accordance with provisions of the relevant legislations which were in effect at the time of application. (2) National patent and utility model applications submitted prior to the effective date of this Law shall be concluded in accordance with provisions of the relevant legislations which were in effect at the time of application. Provisions of the relevant legislations which were in effect at the time of application for the original patent shall be applicable for conclusion of additional patent applications as well as for conversion of additional patents into patents. Similarly, provisions of the relevant legislations which were in effect at the time of application shall be applicable for conversion of patent applications without inquiry into patent applications with inquiry, conversion of patent applications into utility model applications, conversion of utility model applications into patent applications or invalidation of patents and utility models. Patent applications and utility model applications submitted through

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international or regional treaties which entered national stage prior to the effective date of the article shall be concluded in accordance with provisions of the relevant legislations which were in effect at the time of application. (3) Provisions of this Article, except for articles 102, 141 and 148, shall apply for patents and utility models recognized in accordance with provisions of the previous legislation.

Procedures of manufacturing pharmaceuticals and protection of pharmaceutical products PROVISIONAL ARTICLE 2 - (1) The protection provided to medical products for veterinary and human use as per the patent document which lies within the scope of the Legislative Decree 551 starts as of January 1, 1999.

Implementation of the current regulation PROVISIONAL ARTICLE 3 - (1) Until the effective date of the regulations projected in this Law, provisions of current regulations which do not contradict with this Law shall continue to be applicable.

Destruction of instruments of crimePROVISIONAL ARTICLE 4 - (1) Persons who were subject to a final yet not executed verdict for confiscation of a criminal instrument due to a crime committed prior to 1/1/2009 within the scope of the Legislative Decrees 551, 554, 555 or 556 shall be duly issued an annotated notice directly by the Public Prosecutor within the jurisdiction of the court that awarded the verdict, regardless of whether the instrument is kept at a property and evidence unit or by the plaintiff or whether it was handed over to another person for conservation as per paragraph five under article 132 of the Law number 5271 on Criminal Procedure, dated 4/12/2004. With such notice, these persons are notified that they are entitled to request that the instrument be returned by applying to the court within one month. In case owners do not request a return within the aforementioned period of time or apply for return but do not reclaim the instrument in question within one month following the court's decision to return it, the court that awarded the decision shall decide on destruction of the instrument in question upon the public prosecutor's demand. (2) The decision for destruction is then sent to the public prosecutor, and is immediately executed. Persons who, prior to the effective date of this article, did not reclaim an instrument despite the fact that a final decision was made to return it to them in accordance with the penal provisions of Legislative Decrees 551, 554, 555 or 556 shall be duly issued an annotated notice directly by the Public Prosecutor within the jurisdiction of the court that issued the decision to inform that they are required to reclaim the instrument within one month, regardless of whether the instrument is kept at a property and evidence unit or by the plaintiff or whether it was handed over to another person for conservation as per paragraph five under article 132 of the Law on Criminal Procedure. In case owners do not reclaim relevant instruments within the aforementioned period of time, the court that awarded the decision shall decide on destruction of the instrument in question upon the public prosecutor's demand. The decision for destruction is then sent to the public prosecutor, and is immediately executed. (3) Destruction processes to be executed in accordance with this article are led by the public prosecutor and executed by a commission comprising the safekeeping civil servant and two

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court clerks. An official report is issued for the process. Justice commissions decide on which court clerks are to be assigned to the commission. No payment is made to claimants of destroyed instruments. Destruction expenses are borne by the Treasury.

Effective DateARTICLE 198 - Of this law;

a) Provisions on the obligation to use emblems, as laid out in Chapter Two, shall enter into force one year after publication; andb) Other articles shall enter into force immediately after publication.

ExecutionARTICLE 199 - Provisions of this law shall be executed by the Council of Ministers.

LIST NUMBER (1)

INSTITUTION: TURKISH PATENT INSTITUTE ORGANIZATION: HEADQUARTERS

POSITIONS CREATED

CATEGORY TITLE STAFF LEVEL

NUMBER OF FREEPOSITIONS TOTAL

GAS* Department of Innovation and Promotion 1 1 1GAS Department of Information Processing 1 1 1GAS Department of Support Services 1 1 1GAS Department of Designs 1 1 1GAS Department of Geographical Indications 1 1 1GAS Department of European Union and Foreign Affairs 1 1 1GAS Department of Reviews and Evaluations 1 1 1GAS Department of Strategy Development 1 1 1GAS Industrial Property Expert 6 160 160GAS Assistant Industrial Property Expert 7 100 100LS** Lawyer 7 10 10

TOTAL 278 278

* General Administrative Services** Lawyer Services

LIST NUMBER (2)

INSTITUTION: TURKISH PATENT INSTITUTE

ORGANIZATION: HEADQUARTERS

POSITIONS CANCELLED

CATEGORY TITLE STAFF LEVEL

NUMBER OF FREEPOSITIONS TOTAL

GAS Department of Information, Documentation and Information Processing

1 1 1

GAS Department of Administrative and Financial Affairs

1 1 1

GAS Department of Industrial Designs 1 1 1GAS Department of International Relations 1 1 1

101

GAS Director 1 1 1TOTAL 5 5

LIST NUMBER (3)

INSTITUTION: TURKISH PATENT INSTITUTE

ORGANIZATION: HEADQUARTERS

POSITIONS CREATED

CATEGORY TITLE STAFF LEVEL

NUMBER OF FREEPOSITIONS TOTAL

GAS Advisor 1 4 4TOTAL 4 4

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