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Article 93 - Priority Right and its effect

Turkish Industrial Property Code (Law No. 6769)
Article 93

Priority Right and its effect


Article 93

(1) Any person or his successor who have filed an application for a patent or utility model in any country including Turkey which are parties of Paris Convention or Agreement on Establishing the World Trade Organization, in order to file an application for the same invention in Turkey, shall benefit from the priority right within twelve months as of the date of the first application is filed.
(2) According to national legislation of any country which is a party of Paris Convention or Agreement on Establishing the World Trade Organization; or according to the bilateral or multi-lateral agreements made by such countries or according to this Code, it shall be approved that every application that is equivalent to national application filed in due form shall result in being entitled to the priority right.
(3) The date of a national application that is filed in due form shall be considered as application date regardless of the result of the application.
(4) Whereas the position of the previous application and the current application that consists of the same subject, both of which are made to the same country, the current application can be considered as the first application when determining the priority right on condition that the previous application is withdrawn, considered to be withdrawn or rejected on the date of the current application, but before it is submitted for public inspection and without leaving any rights behind and cannot form a basis for a priority right. In this case, the previous application shall not be used as a basis for a priority right.
(5) If the first application is filed with an authority of industrial property of a country which is not a party to the Paris Convention or Agreement on Establishing the World Trade Organization, the provisions of paragraph 1 and 4 shall be applied to this application, in case this authority confirms that the first application that is filed to Turkey generates a priority right under the effects and conditions equivalent to those specified in the Paris Convention.
(6) Natural or legal entities who present a product that includes a subject of a patent or a utility model in national or international exhibitions held in Turkey or in official exhibitions or in the ones known to be official in party countries of the Paris Convention shall benefit from a priority right regarding an application to be granted a patent or a utility model in Turkey within twelve months as of the date of presentation in the exhibition.
(7) The priority date shall have the sanction of application date in fulfilling the requirements of paragraph 2 and 3 of Article 83 and paragraph 3 of Article 109.


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