IP Law published in Official Gazette

The new Industrial Property Law (IP Law) has been published today in the Official Gazette. The number of the law is 6769. From today on, the new law will be enforced in all cases. According to this new law, there are many new changes in the IP practice. We will inform you about these new regulations soon with other posts. Our office also designed a new webpage about this law. You may reach it from this link. Unfortunately it is yet only in Turkish. But we will soon update it with its English version.

Non-use Provision

Supreme Court of Turkey yesterday cancelled the last provision about non-use cancellations. This was due to the same reason as before. According to Supreme Court the provisions which limit fundemental rights cannot be regulated under Decree Law. Therefore this provision has been also cancelled. Since the new Industrial Property Law is recently passed from Parliament some may think this would not be a problem. However, there are numerous pending cased based on this provision. Therefore there is doubt what the consequences will be for pending cases. This will probably be decided soon by Court and we will see the outcome and will let clients know about this.

New Provisions in the Law

With the new Industrial Property Law, which was accepted by Grand National Assembly, there will be significant changes in IP practice in Turkey. Some of the new provisions are as below:

  • The name of the Turkish Patent Institute will be Turkish Patent and Trademark Instutition (Shortly TPO).
  • Letter of consent is regulated in the new legislation. Therefore TPO will accept such letters. This was a big problem for clients in the past.
  • Another big change will be post grant oppositions for patents.
  • Trademarks will be open for opposition for 2 months instead 3 months.
  • Novelty of design will be checked by TPO during application.

These are some of the new changes. All these changes should be also assessed in detail in further posts.