Turkish Industrial Property Code (Law No. 6769)
Law Number: 6769 Date of Enactment: 22/12/2016 Date of Entry into Force: 10/01/2017 (Published in the
Official Gazette Number: 29944
) Laws Covered by the
Code: Turkish Trademark Law, Turkish Patent Law, Turkish Design Law, Turkish Law for Geographical Indications and
Traditional Names
Preliminary Provisions
Article 1 - Purpose and Scope Article 2 - Definitions Article 3 - Persons to benefit from protection Article 4 - Signs that a trademark may consist ofTrademarks
Article 5 - Absolute grounds for refusal in trademark registration Article 6 - Relative grounds for refusal in trademark registration Article 7 - Scope of rights conferred by a trademark and its exceptions Article 8 - Use of the trademark in reference works Article 9 - Use of trademark Article 10 - Requests relating to trademarks registered in the name of commercial agent or representative Article 11 - Application conditions, classification and division Article 12 - Priority right and its effect Article 13 - The request for priority effect and its effect Article 14 - International trademark applications filed under the Madrid Protocol Article 15 - Procedural examination, remedy of deficiencies and application date Article 16 - Examination regarding absolute grounds for refusal and publication Article 17 - Observations of third parties Article 18 - Opposition against publication Article 19 - Examination of the opposition against publication Article 20 - Appeals Article 21 - Examination of appeals Article 22 - Registration Article 23 - The term of protection and renewal Article 24 - License Article 25 - Grounds for invalidation and request for invalidation Article 26 - Grounds for revocation and revocation request Article 27 - The effect of invalidation and revocation Article 28 - Termination and its results Article 29 - Acts considered as infringement of trademark right Article 30 - Criminal provisions related to trademark infringement Article 31 - Guarantee mark and collective mark Article 32 - Technical specifications for the guarantee mark or collective markGeographical Indications
Article 33 - Products within the scope of protection Article 34 - Appellation of origin, designation of origin, and traditional speciality guaranteed Article 35 - Names that shall not be registered Article 36 - Right of Application Article 37 - Application conditions Article 38 - Examination and publication of the application Article 39 - Applications originating from foreign countries Article 40 - Objection and Examination Article 41 - Registration Article 42 - Amendment requests Article 43 - Change of applicants or registering parties Article 44 - Acquisition of geographical indication protection and the scope of rights arising from registration Article 45 - Acquisition of traditional specialty guaranteed protection and the scope of rights arising from registration Article 46 - Use of registered geographical indication and traditional specialty guaranteed Article 47 - Use in good faith Article 48 - Relation with trademarks Article 49 - Control of use Article 50 - Invalidity Request and Grounds for Invalidity Article 51 - Effects of Invalidity Article 52 - Withdrawal of rights and responsibilities provided by registration Article 53 - Acts deemed as infringement of geographical sign right Article 54 - Acts deemed as infringement of traditional product name rightDesigns
Article 55 - Design and Product Article 56 - Novelty and Individual Character Article 57 - Disclosure Article 58 - The scope of protection and conditions out of the scope of protection Article 59 - The scope of the design right and its limitations Article 60 - Right arising from previous use Article 61 - Application requirements, classification and multiple application Article 62 - Priority Right Claim and Its Effect Article 63 - Priority Right and its effect Article 64 - Examination Article 65 - 61 and 63 are remedied in due time, application date finalizes as the date of application. If deficiencies concerning information and documents listed in subparagraphs (a) and (b) of first paragraph of Article 61 are remedied in due time, application date finalizes as of the date of the remedy of deficiencies in question. Article 66 - Postponing of the publication Article 67 - Opposition to decision and registration Article 68 - Examination of the Opposition Article 69 - Term of Protection of the Design and Renewal Article 70 - Right Ownership Article 71 - Disseize of design Article 72 - Results of termination of disseize Article 73 - Ownership in service relationships and in other work relationships Article 74 - Pricing for the right related to the designs prepared by employees Article 75 - License Article 76 - Liability arising from the transfer of the right or granting of the license Article 77 - Invalidation Article 78 - Request for Invalidity Article 79 - The effect of invalidity Article 80 - Termination and Its Results Article 81 - Acts deemed as infringement of design rightPatents and Utility Models
Article 82 - Patentable inventions and exceptions to patentability Article 83 - Novelty, inventive step, applicability to industry Article 84 - Statements which do not affect on the invention to be granted a patent or a utility model Article 85 - Scope of a patent right and its limits Article 86 - Preventing the indirect use of the invention Article 87 - Rights conferred by previous use Article 88 - Legal monopoly Article 89 - Scope of the protection Article 90 - Required documents for patent application and confirming the application date Article 91 - The Unity of Invention and Divisional Applications Article 92 - Explanation of the invention, description, claims and abstract Article 93 - Priority Right and its effect Article 94 - Claiming the priority right and related provision Article 95 - Analyzing the invention in terms of accordance with formal conditions Article 96 - Search request, preparation of search report and publication Article 97 - Publication of the application and its effects Article 98 - Examination request, preparation of the examination report and granting the patent Article 99 - Otherwise the application shall be considered as withdrawn. Article 100 - Objection to the decisions of the Office Article 101 - Duration of protection and annual fees Article 102 - Patent application and patent analysis by third parties Article 103 - Amendments and corrections that will be made in the patent application and the patent Article 104 - Transforming patent application into utility model application and transforming utility model application into patent application Article 105 - Withdrawing a patent application Article 106 - Registration and its provisions Article 107 - Continuation of the processes and re-recognition of rights Article 108 - Incorrect processes Article 109 - Right for patent claim Article 110 - Processes regarding right ownership in patent applications Article 111 - Patent disseizor and consequences of termination of disseizor Article 112 - Partnership relation and indivisibility of a patent Article 113 - In-service invention and independent invention Article 114 - Obligation of notification for in-service invention Article 115 - Employer’s right on the invention and the amount when claiming rights Article 116 - Patent application for an in-service invention Article 117 - Mandatory facts of provisions regarding workers’ inventions and the condition of equitability Article 118 - The parties’ rights and obligations regarding a patent application Article 119 - Independent invention, obligation of notification and obligation to offer Article 120 - Worker’s right of pre-emption Article 121 - Inventions made in Higher Education Institutions Article 122 - Inventions generated in projects supported by State Article 123 - Supplementary patent Article 124 - Confidential Patent Article 125 - Ministry of National Defense in order to receive their opinion and notifies the applicant of the situation. Article 126 - Obligation to release information Article 127 - Obligation arising from the transfer of rights and licensing Article 128 - License offer Article 129 - Compulsory License Article 130 - Compulsory license in case of disuse Article 131 - Compulsory license in case of dependency of patent issues Article 132 - Compulsory license arising from the public interest Article 133 - The legal nature of the compulsory license and trust relationship Article 134 - The scope of compulsory license in additional patent Article 135 - The transfer of compulsory license Article 136 - The request for change in conditions and cancellation of compulsory license Article 137 - Applicability of the contractual license terms Article 138 - States of Invalidity Article 139 - The effect of invalidation of the patent Article 140 - Termination and its results Article 141 - Actions deemed as infringement on patent utility model right Article 142 - Inventions that can be protected by utility model and exemptions thereof Article 143 - Type examination, demand research, appeal and granting of utility model Article 144 - The invalidation of the utility model Article 145 - The applicability of the provisions related to patents and double protectionCommon and Other Provisions
Article 146 - Period and notifications Article 147 - Joint representative Article 148 - Legal actions Article 149 - Claims that can be made by right owner whose industrial property right is infringed Article 150 - Compensation Article 151 - Loss of revenue Article 152 - Exhaustion of Rights Article 153 - Persons who may not be sued Article 154 - Legal proceeding on non-infringement and conditions Article 155 - Effect of earlier rights Article 156 - Commissioned and competent court Article 157 - Prescription Article 158 - Legal proceeding by licensee and conditions Article 159 - Request for interlocutory injunction and the scope of interlocutory injunction Article 160 - Authorized representatives and notification Article 161 - Fees, payment term and consequences Article 162 - Enforcement of decisions Article 163 - Fast destruction procedure Article 164 - The provisions that apply to traditional product names Article 165 - Regulation Article 166 - Amendments to the Law No. 5000 on TPI Article 167 - Advisory Board Article 168 - Intellectual Property Academy Article 169 - Departments Article 170 - Department of Designs Article 171 - Department of European Union and Foreign Affairs Article 172 - New Departments Article 173 - Support Services Article 174 - Department of Support Services Article 175 - Department of Information Technology Article 176 - Department of Strategy Development Article 177 - Legal Counsel Article 178 - Department of Strategy Development (new article) Article 179 - Management Board Article 180 - Expert Employment Article 181 - Patent and Trademark Attorney Article 182 - Disciplinary Provisions for Attorneys Article 183 - Staff Provisions Article 184 - Provisional Staff Provisions Article 185 - Industrial Design Expressions Article 186 - Fee Tariff Article 187 - Civil Servants Law Amendments Article 188 - Renaming of Turkish Patent Institute Article 189 - Intellectual and Artistic Works Act Article 190 - References Article 191 - Repealed LegislationProvisional Provisions
Provisional Article 1 - Implementation of the provisions of Decree Laws No. 551, 554, 555 and 556 Provisional Article 2 - Implementation of the existing regulations Provisional Article 3 - Destruction of Infringing Goods Provisional Article 4 - Authority of cancellation exercised by courts Provisional Article 5 - Renewal requests Provisional Article 6 - Ongoing legal proceedingsDo you need advice?
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