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Article 39 - Applications originating from foreign countries

Turkish Industrial Property Code (Law No. 6769)
Article 39

Applications originating from foreign countries


Article 39

(1) Without prejudice to the provisions of international agreement, in order to apply the provisions of this Code to geographical indication or traditional specialty guaranteed applications originating from foreign countries, in addition to the conditions set out in Article 37 the following conditions shall also be sought whether:
a) The geographical indication or traditional specialty guaranteed subject to the application is being protected by the country of origin or the international community of which the country of origin is a member to.
b) The control requirements set out in Article 49 have been satisfied in the country of origin.
c) Country of origin is providing equal protection for geographical indication or traditional specialty guaranteed applications to be made from Turkey.
(2) If the geographical indication or traditional specialty guaranteed application originating from foreign country is identical to geographical indication or traditional specialty guaranteed that is protected in Turkey, the examination shall be carried out taking into consideration the local and traditional use of similar names and the risk of confusion by the consumer. The use of such geographical indications or traditional specialties guaranteed shall be allowed only under the condition that the country of origin is clearly indicated and is visible on the label.


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