Intellectual Property Law in Turkey: A Comprehensive Guide. Intellectual property law in Turkey plays a vital role in protecting the rights of innovators, artists, designers, and businesses. Turkish Intellectual Property Law is designed to provide a strong legal framework for the registration, protection, and enforcement of intellectual property (IP) rights, ensuring compliance with both national and international standards.
This guide explores the forms of intellectual property protection in Turkey, recent developments in Turkish Intellectual Property Law, and the procedures for obtaining protection for trademarks, copyrights, industrial designs, patents, and geographical indications.
I. Forms of Intellectual Property Protection
i. Overview
Intellectual property law in Turkey offers comprehensive protection to creators, inventors, and business owners. The system aligns with international agreements such as the Paris Convention, Berne Convention, and TRIPS Agreement, guaranteeing that Turkey maintains international standards.
The Turkish Industrial Property Law No. 6769, enacted in 2017, consolidated various regulations into a single framework covering trademarks, industrial designs, patents, utility models, and geographical indications. This law strengthens the protection and enforcement mechanisms available to rightsholders.
ii. Legislation
The core legislation governing intellectual property law in Turkey includes:
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Industrial Property Law No. 6769 (2017) – covers trademarks, patents, utility models, industrial designs, and geographical indications.
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Law on Intellectual and Artistic Works No. 5846 – regulates copyrights and related rights.
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Turkish Commercial Code – addresses unfair competition and trade secrets.
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Civil Procedure Law and Criminal Law – establish enforcement procedures and penalties for infringement.
Turkey is also a member of WIPO (World Intellectual Property Organization) and has ratified many international treaties to harmonize its legal framework with global practices.
iii. Trademarks
Trademarks are one of the most valuable assets for businesses. Under Turkish Intellectual Property Law, trademarks may consist of words, logos, colors, sounds, or even three-dimensional shapes that distinguish goods and services.
Key features of trademark protection in Turkey:
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Registration with the Turkish Patent and Trademark Office (TÜRKPATENT) is mandatory.
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Protection period: 10 years, renewable indefinitely.
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Enforcement: Civil and criminal actions can be initiated against infringement.
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Well-known trademarks enjoy broader protection under international treaties.
iv. Copyrights
Copyright protection in Turkey falls under Law No. 5846 on Intellectual and Artistic Works. Unlike trademarks, copyright protection arises automatically upon the creation of the work, without the need for registration.
Protected works include:
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Literary and artistic works
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Musical compositions
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Films and broadcasts
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Computer programs and databases
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Architectural works
Duration of protection:
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Life of the author + 70 years.
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For corporate works: 70 years from the date of publication.
v. Industrial Designs
Industrial design protection ensures the unique appearance of products is safeguarded. Designs may include the shape, form, color, or surface texture of goods.
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Registration is mandatory for protection.
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Protection period: 5 years, renewable up to 25 years.
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Prevents third parties from copying or imitating product designs.
vi. Patents and Utility Models
Patents and utility models protect inventions and technical solutions.
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Patents: Granted for new inventions that involve an inventive step and are industrially applicable. Duration: 20 years.
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Utility Models: Protect technical solutions with a shorter innovation cycle. Duration: 10 years.
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Both require registration with TÜRKPATENT.
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Excluded subject matter includes discoveries, mathematical methods, and inventions contrary to public order.
vii. Geographical Indications
Geographical indications (GIs) identify products originating from a specific region, known for unique qualities or reputation. Geographical indication and designation of origin is an industrial property right describing a product originated from any region or attributable to any region due to its quality, reputation or other characteristics.
Fruit, stone, mine of any region may be different from those in the other regions or any carpet, rug, fabric, tile etc. may have attained reputation for whatsoever is the reason. Use of the name of the region with such products may be perceived by the consumers as their distinctive features from those with similar nature. The consumers may prefer the products sold with the name of such regions in lieu of the other products due to the fact that they rely on the name of the region.
In this context, geographical indications and designations of origin are dimensioned in the manner that they are shaped, packaged, purchased and sold through the traditional knowledge and they are the signs of guarantee evidencing the quality of the product, traditional production method and geographical origin.
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Registration is required to secure protection.
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Prevents misuse of regional product names.
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Contributes to the promotion of Turkey’s cultural and agricultural heritage.
II. Recent Developments in Turkish Intellectual Property Law
The Turkish IP system has undergone significant reforms in recent years:
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2017 Industrial Property Law No. 6769 unified IP legislation into a single framework.
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Introduction of mediation as a pre-condition in certain IP disputes.
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Online application system launched by TÜRKPATENT to simplify registration procedures.
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Strengthening of enforcement measures against counterfeiting and piracy.
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Increasing participation in international treaties, including the Hague Agreement for Industrial Designs.
These reforms reflect Turkey’s commitment to modernizing its IP framework and aligning with EU standards.
III. Obtaining Protection
i. Trademarks
Steps for obtaining trademark protection in Turkey:
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Conduct a trademark search to avoid conflicts.
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File an application with TÜRKPATENT, including representation of the mark and goods/services classification.
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Examination by the office for distinctiveness and compliance.
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Publication in the Trademark Bulletin for opposition.
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Registration if no objections are raised.
ii. Industrial Designs
Steps for industrial design protection:
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Submit application to TÜRKPATENT, including drawings or photographs of the design.
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Office conducts a formal examination.
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Registration is published in the Official Industrial Design Bulletin.
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Protection lasts for 5 years, renewable up to 25 years.
iii. Patents
Steps for patent registration:
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File application with a detailed description, claims, and drawings.
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Formal examination by TÜRKPATENT.
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Publication after 18 months.
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Substantive examination for novelty and inventive step.
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Grant of patent if requirements are met.
Patents are valid for 20 years, subject to payment of annual fees.
iv. Copyright
Unlike other IP rights, copyright protection does not require registration. However, voluntary registration is possible for evidentiary purposes.
Steps for safeguarding copyrights:
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Creation of the work (protection arises automatically).
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Optional registration with the General Directorate of Copyright.
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Enforcement through civil or criminal actions against infringement.
Why Intellectual Property Law in Turkey Matters for Businesses
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Brand Protection: Ensures exclusive rights over trademarks and prevents counterfeit goods.
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Innovation Incentives: Patents encourage research and development.
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Market Value: IP rights increase business valuation and attract investors.
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International Trade: Compliance with global treaties supports exports and partnerships.
Businesses operating in Turkey should work with an experienced Turkish intellectual property lawyer to ensure their rights are properly protected and enforced.
Turkish Intellectual Property Law offers a modern, internationally compliant system for the protection of intellectual creations. From trademarks to copyrights, patents to industrial designs, the legal framework is robust and continuously evolving.
For companies, entrepreneurs, and creatives seeking to safeguard their rights, navigating the system requires expert legal guidance. Ongur & Partners, an international law firm based in Ankara, provides comprehensive legal services in intellectual property law and represents clients before TÜRKPATENT and Turkish courts.
Contact Ongur & Partners
Ongur & Partners International Law Firm
Portakal Çiçeği Rezidans Kat:9 No:43 Aziziye Mah. Pak. Sok. 06690
Çankaya/Ankara
Tel: +90 (312) 426 39 94