Intellectual property is the backbone of commerce, the very means by which enterprises secure their standing and fend off encroachment from rivals.
In Turkey, the law has kept pace, erecting a solid framework for the protection of intellectual property – one that blends modern practice with the gravity of established legal principle.
Turkey’s system is built on two main statutes. The Industrial Property Law No. 6769 governs trademarks, patents, and designs, while the Law No. 5846 on Intellectual and Artistic Works safeguards authorship and creative works.
Responsibility for administration falls chiefly to TURKPATENT, the national patent and trademark office, and to the General Directorate of Copyright under the Ministry of Culture.
Specialized intellectual property courts in major cities enhance enforcement by ensuring that experts in the field hear disputes.
Turkey is no island in these matters. It stands as a member of WIPO, adheres to the TRIPS Agreement, and has signed onto the Paris and Berne Conventions, the Madrid Protocol, and the Hague Agreement. These commitments ensure that Turkey’s legal standards stand in step with European and global norms.
In this way, Turkey offers both local and foreign enterprises a measure of certainty and protection in securing their inventions, creative works, and commercial identity.
Intellectual Property Rights in Turkey:
A Legal Framework and Registration Guide for Businesses
1. Trademark Protection in Turkey
In Turkey, trademark protection extends to any sign that distinguishes the goods or services of one undertaking from those of another. This may include brand names, logos, slogans, colors, product shapes, and sounds, provided they remain sufficiently distinctive. The legal framework operates on a first-to-file principle.
Whoever registers a trademark first obtains exclusive rights – prior commercial use, in itself, does not confer enforceable protection.
The application process begins with filing with TURKPATENT, the Turkish Patent and Trademark Office. The applicant must submit a clear representation of the mark, specify the relevant classes under the Nice Classification system, and pay the requisite fee.
TURKPATENT then conducts a formal and substantive examination, reviewing compliance with both procedural requirements and absolute grounds for refusal, such as descriptiveness or lack of distinctiveness. If no objection arises or if objections are overcome, the mark is published in the Official Trademark Bulletin.
Publication triggers a two-month opposition period, during which third parties may contest the application. If someone lodges an opposition, TURKPATENT reviews the matter and makes a decision.
Where no opposition is filed – or where objections are resolved in the applicant’s favor – the mark proceeds to registration.
Once granted, trademark rights endure for ten years from the filing date and may be renewed indefinitely in ten-year increments. However, registration alone does not suffice. If a registered mark remains unused for five consecutive years, any third party may petition for its cancellation on the grounds of non-use.
Since January 2024, TURKPATENT has handled non-use cancellations through administrative proceedings, eliminating the need to go before the courts and reducing both time and cost.
For brand owners seeking protection beyond national borders, Turkey’s participation in the Madrid Protocol permits international registration through a single application. This offers businesses a streamlined pathway to trademark protection across multiple jurisdictions, including Turkey.
2. Patents and Utility Models in Turkey
Turkish patent law provides protection for novel inventions, involve an inventive step, and are susceptible to industrial application. A valid patent confers the exclusive right to prevent others from manufacturing, using, selling, or importing the patented invention without the patent holder’s consent.
Applicants may file directly with TURKPATENT or pursue European patents through the European Patent Office with subsequent validation in Turkey. Alternatively, applications may enter through the national phase under the Patent Cooperation Treaty.
The application must include a detailed technical description, a set of claims defining the scope of protection, an abstract, and drawings if necessary. Once filed, the application is made public eighteen months from the date of filing. During this time, the applicant must request a prior art search.
After publication, TURKPATENT examines the invention’s eligibility under patentability criteria. If someone raises objections, they must provide answers to proceed. Upon grant, third parties are entitled to challenge the patent within six months.
The term of protection for a patent is twenty years from the date of filing, contingent upon the payment of annual maintenance fees. Utility models, by contrast, cover inventions of a more incremental nature and are subject to a less rigorous examination. They offer a swifter route to protection but cannot be renewed beyond their ten-year term.
It should be noted that patents are subject to a working requirement. A patent holder must commercially use the patent within three years of its grant or four years from the filing date, whichever is later. Otherwise, interested parties can request a compulsory license by showing a legitimate interest and intent to work the invention.
3. Industrial Design Protection in Turkey
Industrial design rights in Turkey secure the external appearance of a product or its ornamental elements. Protection does not extend to function but instead guards the aesthetic aspects, such as the shape of furniture, packaging, or household objects.
To qualify, a design must be novel and have individual character. Designs that serve solely functional purposes or that technical necessity dictates fall outside the bounds of protection.
Applicants must submit a filing to TURKPATENT with visual representations of the design – drawings or photographs – along with the appropriate classification. There is also an option to defer publication for up to thirty months, allowing businesses to keep their designs confidential before market entry. Once published, a three-month opposition period applies.
Design protection begins on the filing date and lasts for an initial term of five years. You can renew this term every five years, with a maximum duration of twenty-five years. For enterprises operating in fields such as apparel, furnishings, or consumer goods, early registration is critical. Disclosure prior to filing may jeopardize the ability to obtain protection.
For broader geographical coverage, Turkish applicants may use the Hague System, administered by WIPO, to register industrial designs in multiple countries through a single procedure.
4. Copyright Law in Turkey
Copyright protection in Turkey attaches automatically to original works upon their creation. It applies to a broad array of subject matter, including software, advertising copy, photographs, audio-visual content, musical compositions, and written material.
You do not need to register to obtain protection, but you can choose to record your work, which may help in disputes over authorship or infringement. Individual authors enjoy copyright protection throughout their lifetime plus seventy years after their death. When it comes to legal entities or anonymous works, copyright protection lasts seventy years from the first publication.
As a rule, the economic rights in works created by employees in the course of their duties belong to the employer, unless agreed otherwise. However, the creator retains moral rights, such as the right to identify as the author and the right to object to derogatory treatment of the work.
Employers and commissioning entities should include well-drafted intellectual property provisions in employment and service contracts. This approach mitigates the risk of later disputes over ownership and usage rights.
5. Trade Secrets and Confidential Business Information
Trade secrets in Turkey enjoy protection for as long as the information remains secret and retains its commercial value. Examples of such information include customer lists, formulas, manufacturing methods, pricing strategies, and proprietary software code. The key lies in the secrecy itself; once confidentiality is lost, so too is the legal safeguard.
Under the Turkish Commercial Code, unauthorized acquisition or disclosure of trade secrets may constitute unfair competition. The Turkish Penal Code also provides for criminal sanctions against those who unlawfully reveal or use confidential business data.
Contractual safeguards form the backbone of trade secret protection. Employers should routinely use non-disclosure agreements, confidentiality clauses, and restrictive covenants. Additionally, they should limit access to sensitive data to only those who need to know. Clearly label documents as confidential, and implement physical and electronic safeguards.
Protection stays in effect as long as the information remains unknown to the public and the holder takes reasonable steps to maintain its secrecy. Once secrecy is lost, the holder cannot restore it, and with it, legal protection is also lost.
6. Intellectual Property Strategy for Enterprises and Startups
Startups and established businesses alike must take a steady, deliberate approach to protecting their intellectual property. Brand names and trademarks should be registered without delay, lest third parties attempt to lay claim to them. Copyrights and inventions created by employees during their work must be governed by plain, written agreements. Ambiguity in ownership only invites trouble down the road.
Patent and design applications should be filed before any public disclosure. Once disclosed, the right to protection may well be lost, and no legal remedy will restore it. Non-disclosure and non-compete agreements demand careful use, especially with employees who hold sensitive knowledge or play key roles in the business.
Prudent businesses maintain detailed records of their intellectual property. They track registration dates, renewal deadlines, and ownership status with care.
Those seeking protection beyond Turkey’s borders would do well to rely on the Madrid Protocol or the Hague System, as appropriate, from the start.
For inventions of significant value, or for cross-border matters, early consultation with local counsel is not merely advisable – it is essential. Errors made in the early stages of protection often cannot be corrected later.
In the end, a firm hand on intellectual property is not a luxury; it is a necessity. Businesses that neglect it risk losing the fruits of their labor to competitors. Those who attend to it from the outset stand the best chance of safeguarding their innovations, brands, and designs.
Need Support with IP and Business Setup in Turkey?
For those seeking further guidance on Intellectual Property Rights in Turkey, timely consultation with experienced counsel is the wisest course.
At Gini Talent, we help foreign businesses navigate Turkey’s legal landscape – from registering trademarks and patents to managing employment contracts that protect your intellectual property. Our team simplifies the process, ensuring you stay compliant and your business stays protected.
Contact us today to discuss how we can help you safeguard your intellectual assets and grow your business in Turkey.
