Turkey: Changes To Turkish Patent Institute's Processes And Required Information

Last Updated: 29 December 2015
Article by Işık Özdoğan, LL.M. and Yonca Çelebi

A range of intellectual property regulations have been published, introducing changes to Turkish Patent Institute's ("TPI") proceedings, as well as required documents and information for certain acts before the TPI. These changes affect a range of intellectual property rights to some degree, including patents, trademarks, integrated circuit topographies, industrial designs and geographical signs.

Proof of payment – Applies to patents, trademarks, integrated circuit topographies, industrial designs and geographical signs

Submitting documented proof of payment is no longer required for all applications and claims which are subject to payment. It is now sufficient to provide the payment information through the TPI's online system.

Power of attorney requirements – Applies to patents, trademarks, integrated circuit topographies and industrial designs

Previously, if an attorney filed a withdrawal of a right on patents or integrated circuit topographies, a notarized Power of Attorney was also required, expressly stating authorization for the proceeding. The notarization requirement is now removed. Therefore, from now on it will be just enough to submit a regular Power of Attorney which expressly states authorization.

For trademarks, if an application or request to the TPI is made through an attorney, the attorney must be authorized by the TPI. An original written power of attorney must be submitted (or a certified copy). Under the changed regulation, if a previously submitted power of attorney meets the necessary conditions, it is unnecessary to submit a new power of attorney. It will be enough to give information regarding the earlier power of attorney.

Generally, no power of attorney will need to be submitted for industrial designs if one has already been submitted to the TPI which covers the requested transaction. If the TPI deems one necessary, it is sufficient to provide information regarding the previously submitted power of attorney. Under the amended regulations, a new power of attorney must submitted to the TPI for a renewal request made through an attorney.

For industrial designs, if an application or request to the TPI, an original written power of attorney must be submitted (or a certified copy). Previously, such authorization was strictly required from attorneys. Now, if applications or requests are made without submitting such power of attorney (or an incomplete document is submitted), the attorney is allowed two months to provide the necessary information. The petitioner or applicant will be directly notified if the deficiency is not rectified within two months. If the petitioner or applicant does not have a residence in Turkey, the application or request will be removed from the TPI's process.

Changing a right owner's title or nature – Applies to patents, industrial designs and integrated circuit topographies

Previously, if the owner of a patent, industrial design, or integrated circuit topography registration or application changed their title or nature, they were required to submit the Trade Registry Gazette showing the relevant change, to update the relevant records. It is now sufficient to provide information about the relevant Trade Registry Gazette instead of filing the hardcopy of the Trade Registry Gazette.

Specific changes for patents – Multiclaims and reference signs

The provision prohibiting references to a dependant multiclaim in another dependent multiclaim has been removed.

The requirement that a relevant reference sign(s) be written in brackets following the technical characteristic features in the claim section (if an application contains picture(s)) has been removed.

Specific changes for trademarks – Withdrawing oppositions

A provision is introduced outlining the documents and information required to withdraw trademark oppositions before the TPI. From now on, oppositions to the TPI's decisions and trademarks that have been published in the TPI's bulletin can be withdrawn, except where:

  • An opposition to the TPI's decision is finalized by the Reexamination and Evaluation Board.
  • An opposition against a trademark is rejected.

On request, the TPI will repay half of the opposition fee, if an opposition is withdrawn before a ruling.

Specific changes for integrated circuit topographies

The provision requiring submission of the original Registry Certificate for registration and publication of assignment in the Official Patent Bulletin has been removed. This change also applies to license or pledge agreements for rights arising from the application or registration.

Notarization of signature declarations and proxies are no longer required for withdrawals of integrated circuit topographies made by the right holder.

Specific changes for industrial designs

The definition of "publication fee" applied to registration applications has changed. The distinction between black and white or colored has been removed for visual expressions. The fee is determined based on the number of 8.8 cm square areas which will be published.

The Industrial Design Bulletin will now be published periodically, rather than monthly.

Previously, a registration fee exemption applied if an applications is withdrawn before publication. The exemption has now been removed.

For the full text of the relevant amendments, please see the following links (only available in Turkish):

Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Authors
Işık Özdoğan, LL.M.
Yonca Çelebi
 
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