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17 July 2018Patents

New decrees ‘rescues’ Türk Patent

A new decree has retained the functions of the Turkish Patent and Trademark Office (Türk Patent), but set out a plan to partially restructure the office, according to practitioners, just a week after a different decree appeared to abolish the institution.

Dilek Zeybel, trademark and patent attorney at  Orbis Vista, said the new decree confirmed that Türk Patent’s budget, legal personality, and structure are protected.

This follows the Decree Law (number 703) of July 9, which abolished Law number 5000, titled The Law on Establishment and Functions of the Turkish Patent and Trademark Office.

Law number 5000 had provided for the establishment, purpose, and organisation of Türk Patent. Ozlem Futman, founding partner at Ofo Ventura, had said that “legally, Türk Patent ceased to exist” on July 9.

However, Zeynep Balçık, attorney at law and trademark attorney at  Suluk IP, said the latest decree has confirmed that Türk Patent will continue to exist as a public body with an autonomous structure, connected to the Ministry of Industry and Technology.

Güldeniz Doğan Alkan, partner at  Gün + Partners, explained that the articles in the latest decree “adapt the institution to the new governmental structure”. For example, under the decree "there will be no more distinction between main, ancillary and consultancy units", as all departments will know be known as "service units", Alkan said.

Futman added that, under the latest decree, the “functions of Türk Patent remain the same”. This “saves the legal nature of Türk Patent” but will also result in a partial re-structuring, she explained.

Zeybel said: “At this stage, we do not expect any further changes which may cause a complete restructuring.”

The decree of July 9 was the first one made by President Tayyip Erdogan, who was inaugurated on the same day, after winning Turkey’s general election. News outlet Ahval  said that the decree contains amendments to laws and decrees with the aim of harmonising them with the Turkish constitution.

Practitioners, including Futman, told WIPR that Türk Patent had continued to function as normal and without disruption following the decree earlier this month.

Zeybel said that the main change for IP in Turkey continues to be the Industrial Property Code, which entered into force in January 2017.

An upcoming challenge for the office stems from the new code, which states that “revocation actions for non-use will be handled by Türk Patent” from January 2024, according to Zeybel. Currently, specialised IP courts handle such actions.

Zeybel added that Türk Patent’s handling of revocation actions for non-use promises a faster decision but will be “a big challenge which has to be well organised”. She predicted that restructuring will occur before 2024.

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11 July 2018   The Turkish Patent and Trademark Office reportedly ceased to exist on Monday, according to some practitioners, but others said the recent developments had been misunderstood.