The Turkish Patent Institute Reexamination and Evaluation Board Regulation ("Regulation") has entered into effect, published in Official Gazette number 29504 on 16 October 2015.The Regulation repeals a previous regulation on the topic which was published in Official Gazette number 25545 on 6 August 2004. In general, the recent Regulation outlines similar provisions to the repealed regulation. However, the new Regulation introduces limitations on chairmen of Reexamination and Evaluation Boards, as well as online storage of decisions to allow better access for decision makers.
Reexamination and Evaluation Boards ("Board") are convened as necessary. Boards are empowered to make decisions on disputes arising from Turkish Patent Institute ("TPI") decisions about registration of industrial property rights. Board decisions are made by simple majority of votes. Boards must include at least three members, including two senior examiners. A Board should not include members who were involved in the decision which is being examined. Board members are selected by TPI's chairman, and as a rule, TPI's Chairman leads the board. Board decisions are final, unless an error of fact occurs. If such an error exists, parties can oppose a Board's decision and the Board will give its decision within fifteen days. Board decisions can be subject to review by legal actions initiated before competent courts.
The Regulation introduces a limitation whereby the TPI Chairman can only assign vice-chairmen to preside over Boards to make decisions which are restricted to the relevant vice chairman's particular departments. Departments are separated according to the type of industrial property rights. As a consequence, Board decisions will be made under the expertise and management of the relevant department.
Under the Regulation, the Board's chair is no longer able to increase the number of expert members or ask for opinions from board members who were involved in the decision under examination.
Under the Regulation, Board decisions will now be kept online, significantly increasing accessibility for decision makers and creating a more reliable database.
Please see this link for the full text of the Regulation (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.
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