Article 44
(1) The protection of geographical indication related to a product shall be acquired through registration within the framework of this Code.
(2) Registrant of the geographical indication and those who are entitled to use the registered geographical indication shall have the right to demand the prevention of the following acts of the third parties:
a) Direct or indirect commercial use of the geographical indication or the emblem foreseen to be used in line with the Article 46 to benefit from its reputation or related products which are under the scope of the register or may be associated with those products, although they do not satisfy the product properties specified in the registration.
b) Misleading use or the imitation of the registered geographical indication on a product which does not satisfy the product properties specified in the registration or which is similar enough to be associated with it, even if there are explanations such as the true place of origin or specifications or the name of the product accompanied by expressions such as style, type, method, as produced in or other similar descriptions, even when translated into another language.
c) Use of false or misleading explanation or indications about the origin and the natural or essential qualities of the product stated in the registration, on the inner or outer packaging, promotional and advertising material or on any type of written material related to the product having the geographical indication on it.
ç) Deceptive use of the emblem of registered geographical indication.
(3) The rights conferred against third parties by the registration of the geographical indication enter into force as of its publication date in the Bulletin. However, the applicant shall be entitled to institute legal proceeding for compensation in respect of acts that occurred after the publication of the geographical indication in the Bulletin, where those acts would, after publication of the registration of the geographical indication, be prohibited by virtue of that publication. The court may not decide on the validity of claims raised before the registration is published.
(4) Registered geographical indications shall not be deemed to have become generic.
(5) Even when a portion of the name under geographical indication protection is formed of the generic name of the product, the protection conferred by geographical indication shall not cover those generic names.
(6) Generic name is the name that has become the common name of the product, although it relates to the region or the locality where this product was originally produced or marketed. In determining whether a name has become generic or not, the use of this name by the public where the product is consumed and other related legislation shall be taken into consideration.
(7) The registered geographical indication shall not confer any exclusive rights to the registrant.