Plant variety protection in Türkiye is governed by the Law No. 5042 on the Protection of Breeder’s Rights for New Plant Varieties, which entered into force on 15 January 2004. Türkiye is also a member of the International Union for the Protection of New Varieties of Plants (UPOV) since 18 November 2007.

The system provides exclusive rights to breeders over new plant varieties, subject to specific legal and technical requirements.

Competent Authorities

Two main authorities are involved in the protection system:

  • General Directorate of Plant Production (BÜGEM): responsible for receiving and prosecuting applications
  • Variety Registration and Seed Certification Center (TTSM): responsible for technical examination, including DUS testing

Both operate under the Ministry of Agriculture and Forestry.

Who Can Apply?

Applications can be filed by:

  • Turkish citizens
  • Citizens of UPOV member states

Foreign applicants without a domicile or establishment in Türkiye must appoint a local representative through a legalized Power of Attorney.

Requirements for Protection

To obtain protection, a plant variety must meet four core criteria:

  • Novelty
  • Distinctness
  • Uniformity
  • Stability

These criteria are assessed through both formal and technical examination processes.

Novelty Requirement

A variety is considered novel if it has not been commercially exploited:

  • In Türkiye: more than 1 year before the application date
  • Abroad: more than 4 years (or 6 years for trees and vines) before the application date

Filing Requirements

An application must include both formal and technical information, such as:

  • Applicant and breeder details
  • Variety denomination (Turkish and Latin)
  • Description and technical characteristics
  • Priority information, if applicable
  • Information on prior commercial use
  • Photos (mandatory for fruits and ornamental plants)
  • Assignment documents (if applicable)

Incomplete applications are subject to strict deadlines. Deficiencies must be corrected within one month, otherwise the application is deemed withdrawn.

Examination Process

Formal Examination

The authority checks whether all required documents and information are properly submitted.

Substantive Examination

The following aspects are assessed:

  • Novelty of the variety
  • Applicant’s entitlement
  • Compliance of the denomination

If the application meets these requirements, it is recorded in the registry and published.

Publication and Opposition

Applications are published within 30 days after registration in the registry.

Third parties may file oppositions within 3 months from publication.

Technical Examination (DUS Testing)

If no objections arise, the application proceeds to technical examination.

The DUS test evaluates:

  • Distinctness: clearly distinguishable from existing varieties
  • Uniformity: consistent characteristics
  • Stability: traits remain unchanged over generations

However, testing can also be based on examinations conducted in other UPOV member countries, provided that the agricultural and climate conditions are comparable. If a variety has already been examined, or is still under examination, in another UPOV country, TTSM may rely on those results when assessing the Turkish application.

In practice, this means that technical reports can be “taken over" (take-over of the technical reports). In such cases, the applicant or its representative needs to request TTSM to contact the relevant foreign authority and obtain the official DUS report.

Grant Procedure

After technical examination:

  • A technical report is prepared
  • A specialized committee reviews the report
  • If approved, a Plant Breeder’s Right Certificate is granted

The grant decision is published within 30 days for opposition purposes.

Protection Term

  • 25 years from registration date
  • 30 years for trees, vines and potatoes

Denomination Rules

The variety name must:

  • Be distinctive and not confusing
  • Not be misleading or contrary to public order
  • Not conflict with prior rights or existing denominations
  • Be used consistently in the market

Use of the denomination is mandatory when marketing the protected variety.

Annual Fees and Maintenance

Annual fees must be paid:

  • Every year in January

There is no grace period for late payment. Failure to pay results in lapse of rights, unless re-establishment is granted due to force majeure within six months.

Scope of Protection

All plant varieties listed under the UPOV system are eligible for protection in Türkiye.

Plant varieties are not patentable under Turkish law and can only be protected through the plant variety rights system.

Conclusion

Plant variety protection in Türkiye follows a structured process combining legal and technical evaluation. The system aligns with international standards under UPOV and provides long-term protection for qualifying plant varieties, subject to compliance with strict procedural and maintenance requirements.