Intellectual and industrial property rights are assets that often do not appear on a business's balance sheet but make up a significant part of its value. A trademark, software, product design or technical invention produces economic value only when it is properly protected and secured by contracts. In Turkish law, industrial property rights (trademarks, patents, utility models, designs, geographical indications) are governed by Industrial Property Code No. 6769 (SMK), and rights arising from authorship by Law No. 5846 on Intellectual and Artistic Works (FSEK).
The basic difference between the two areas is how protection arises. Industrial property rights are, as a rule, protected through application to and registration with the Turkish Patent and Trademark Office (TÜRKPATENT). Authorship arises automatically on creation of the work; there is no registration requirement. This difference directly affects methods of proof and the way contracts are made.
Trademarks
Application and grounds for refusal
Under SMK Art. 4, a trademark is any sign that distinguishes the goods or services of one undertaking from those of others and can be represented on the register. TÜRKPATENT first examines the application for absolute grounds for refusal (Art. 5): signs that lack distinctive character, that describe the kind or quality of the goods, or that would mislead the public are not registered. After the application is published in the bulletin, holders of earlier rights may file an opposition within two months based on relative grounds for refusal (Art. 6) (Art. 18). The Office does not examine relative grounds of its own motion; monitoring the bulletin is therefore a practical necessity for trademark owners.
Term of protection and revocation
A registered trademark is protected for ten years from the application date and may be renewed for further ten-year periods (Art. 23). A trademark that has not been used in Türkiye without a justified reason within five years of registration, or whose use has been suspended for an uninterrupted period of five years, may be subject to a revocation request (Arts. 9, 26). Since 10 January 2024, requests for revocation for non-use have been filed with TÜRKPATENT rather than the courts. To prove use, it is advisable to keep dated documents such as invoices, catalogues and advertising materials on a regular basis.
Patents, utility models and designs
Inventions that are new, involve an inventive step and are industrially applicable are protected by patents; the term of protection is twenty years from the application date and cannot be extended. For utility models, where no inventive step is required, the term is ten years. As disclosing an invention to the public before filing may destroy novelty, it is important to file before a product launch, academic publication or investor presentation.
A product's appearance is protected as a design. The term of protection for a registered design is five years and may be extended by renewal for five-year periods up to a total of twenty-five years. The SMK also provides limited protection for unregistered designs for three years from the date they were made available to the public. Inventions made by employees in the course of employment are subject to the SMK provisions on employee inventions; the employer has a right to claim these inventions and the employee has a right to claim reasonable remuneration.
Copyright and the FSEK
The FSEK classifies works as scientific and literary works, musical works, works of fine art and cinematographic works; computer programs are protected as scientific and literary works. The author has economic rights such as adaptation, reproduction, distribution, performance and communication to the public (FSEK Arts. 20–25) and moral rights such as disclosure of the work to the public and attribution of name. The term of protection is, as a rule, the author's lifetime and seventy years after death (Art. 27).
The most frequent problem in practice concerns agreements for the assignment or licensing of economic rights. Under FSEK Art. 52, these agreements must be in writing and the rights concerned must be specified individually. General expressions such as "all rights are assigned" can lead to disputes as to which rights were assigned. Observing this requirement is especially important in agreements with agencies, software developers or freelancers. An author whose rights are infringed may claim compensation of up to three times the fee that could have been demanded had a contract been made (Art. 68); unauthorised use may also constitute an offence under FSEK Art. 71.
Legal remedies for infringement
In the event of infringement of a trademark, patent or design right, the right holder may request a declaration of infringement, prevention and cessation of infringement, compensation for material and moral damage, seizure of the products and publication of the judgment (SMK Art. 149). Before or during the action, an interim injunction may be requested to recall products from the market or stop sales (Art. 159). Cases concerning intellectual and industrial property rights are heard by the specialised intellectual and industrial property civil courts where these have been established.
Trademark infringement also constitutes an offence under SMK Art. 30. It is also possible to apply to the customs administration for seizure measures during the import or export of counterfeit goods. In practice, the process is faster if the right holder has applied to the customs administration in advance.
Contracts, domain names and trade secrets
Licence agreements should clearly regulate whether the licence is exclusive, territorial and time limits, the right to grant sub-licences, quality control and what happens to stock when the agreement ends. Assignments and licences of industrial property rights may not be enforceable against third parties acting in good faith unless they are recorded in the register. Domain names with the ".tr" extension are allocated through the TRABİS system, and an alternative dispute resolution procedure is provided for disputes concerning these domain names. As there is no separate registration system for trade secrets, their protection relies on confidentiality agreements, access restrictions and the unfair competition provisions (TTK Art. 54 et seq.).
Our work in this area
We handle trademark searches and applications, opposition and revocation proceedings, drafting licence, assignment, software development and confidentiality agreements, and infringement actions and requests for interim injunctions. For our work with technology companies, see Telecommunications and Technology; for rights in pharmaceuticals and medical devices, Life Sciences and Healthcare. Litigation is covered on the Dispute Resolution page and corporate structuring on the Commercial and Corporate Law page.
Main topics
- Trademark applications, oppositions to publication and registration (SMK Arts. 5, 6, 18)
- Revocation for non-use and renewal
- Patent, utility model and design protection
- Authorship and copyright agreements (FSEK)
- Licence, assignment and joint development agreements
- Infringement actions, interim injunctions and customs measures
- Domain name and trade secret disputes
Frequently asked questions
Am I protected if I use my trademark without registering it?
Unregistered trademarks may be protected to a limited extent under the unfair competition provisions and, where necessary, by a claim of genuine ownership. However, the strong protection and ease of proof provided by the SMK depend on registration.
Someone else has applied for a similar trademark. What can I do?
You can file an opposition with TÜRKPATENT within two months of publication of the application in the Official Trademark Bulletin. If the period is missed, it may be necessary to file an invalidation action in court after registration.
The firm that developed our software claims rights over the source code. What happens?
A computer program is protected as a work under the FSEK, and economic rights as a rule remain with the author. What is decisive is whether there is a written agreement listing the rights individually and showing that they have passed to you.
How long is a trademark registration valid?
It is valid for ten years from the application date and may be renewed indefinitely for ten-year periods. Renewal can be made by the end of the month in which the term of protection expires and, for an additional fee, within a further six-month grace period.
Can I present my invention to investors before filing a patent application?
As public disclosure may destroy novelty, it is advisable to make presentations under a confidentiality agreement or to file the application before the presentation. Although the SMK provides a limited grace period for disclosure under certain conditions, relying on this protection is risky.
Legislation and sources
- Industrial Property Code No. 6769 (in Turkish)
- Law No. 5846 on Intellectual and Artistic Works (in Turkish)
- Turkish Commercial Code No. 6102 (in Turkish)
- Turkish Patent and Trademark Office
The information on this page is general and does not constitute legal advice. As legislation may change, the current rules must be assessed separately for your particular situation.