Recent Developments
The Regulation Regarding the Amendments made on the Regulation on the Implementation of Intellectual Property Law (“Regulation“) was published and entered into force on July 8, 2019.
With the Regulation, Turkey continues to shorten prosecutions and increase the efficiency of the intellectual property system by making new improvements and legislation changes.
The common ground of the amendments is that the document requirements with regards to any application for waiving or limiting rights before the Turkish Patent and Trademark Office (“TPTO“) are decreased.
What’s New?
The Regulation eliminates some of the required documents for the applications and prosecutions made by real and legal persons without the representation of an attorney before the TPTO, and aims to make these prosecutions more convenient.
The amendment concerns the following application and prosecutions:
- partial renewal of the trademark,
- full or partial withdrawal or waiving of the trademark application,
- withdrawal of the opposition to publication or appeal applications regarding trademark applications until the decision is held,
- withdrawal of the opposition to publication or appeal applications regarding design registrations until the decision is held,
- renewal of a lapsed design,
- full or partial waive of rights acquired by registration or application of a design,
- withdrawal of a patent application (only regarding the legal persons),
- waiving of rights and liabilities granted by the registration of a geographical indication and the traditional knowledge to the owner.
The amendments eliminate the notarized statement of signature or the notarized copy of the same requirement for real persons; the notarized circular of signature or the notarized copy of the same requirement for legal persons; the original document bearing the withdrawal capacity regarding the waiving of rights and liabilities related to the geographical indication and traditional knowledge if the right holder is a governmental body.
Conclusion
Since the entry into effect of the new Intellectual Property Law on January 10, 2019, the developments in the field of intellectual property law have garnered attention.
In light of the recent legislative changes, the TPTO aims to organize a faster and more efficient intellectual property system. It is clear that the Regulation eases prosecutions and is compatible with the general purpose of the recent legislative changes.
The Regulation does not amend the regulations regarding the applications and prosecutions made by being represented by an attorney before the TPTO.
