The new Industrial Property Law No. 6769 (the “IP Law”), which has been long expected, was published in the Official Gazette dated 10 January 2017. It repeals the Decree Law No. 556 on the Protection of Trademarks (the “Decree Law”), the Decree Law No. 551 on the Protection of Patents and Utility Models, Decree Law No. 554 on the Protection of Industrial Designs, and Decree Law No. 555 on the Protection of Geographical Indications (they will hereinafter be jointly referred to as “Decree Laws”).
Until the establishment of the new IP Law, in Turkey all industrial property rights were regulated by the above-mentioned Decree Laws. Protection of all industrial property rights will now be regulated by the new IP Law, which combines all the above-mentioned Decree Laws. The new IP Law has been long expected, especially after the cancellation of some vital Decree Law provisions by the Constitutional Court - property rights can be regulated only by Codes, not Decree Laws. With this new IP Law, the Constitutional Court cannot cancel provisions solely by basing itself on the above-mentioned property rights principle.
This Client Alert aims to inform of new developments in relation to Trademark Protection. Changes in relation to other industrial rights will be handled in a separate Client Alert.
Most provisions of the Decree Law have been upheld in the IP Law, with some amendments as described below. The following sections refer to the main changes that came into force with the new IP Law in relation to the protection of trademark rights.
Please click on the file below to read the full Client Alert.