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Framework Conditions and Barriers

  • Copyrights

Turkey follows Bern convention for the protection of literature and artistic works and Rome Convention for the protection of performers, producers and phonogram and broadcasting organizations. Computer programs and preparatory works leading to a program are covered by Bern Convention as scientific or literary works. Collection of fees resulting from broadcasting and transmission to the public may be performed exclusively by collecting societies. Copyrights are transferrable by the authors or their heirs. Provisions on terms of protection for author’s right guarantee protection for 70 years from the death of the author, or from the death of the last surviving author, in the case of joint membership, or from when the work was communicated to the public. Right of the authors of joint works are protected separately for each author. Authors, right holders and publishers may establish collecting societies in order to manage their rights. The societies are in charge of managing the rights conferred to them, collecting fees and royalties, distributing those to members and protecting their common interest. They may also determine tariffs and royalties.

  • Industrial Property Rights

Turkey is a party to the Paris convention of 1925, WIPO, GATTS and TRIPS agreements, Madrid protocol, Nice and Vienna agreements and the Trademark Law Treaty. Non registered trademarks are protected under the provisions of Turkish Commercial Code on unfair competition. Turkish Patent Institute is in charge of managing trademark applications. Trademarks protected may be individual, collective and guaranteed marks. The registration process foresees a formal and substantive examination before the publication of the application. After publication of the application, if there are no objections, the mark is registered. The persons entitled to protection are Turkish nationals, a Country signatory of the Paris Convention, WTO members or natural and legal persons having a domicile in the same Countries, as well as countries enjoying reciprocity with Turkey.

The protection is granted for 10 years from the date of filing and can be renewed. Turkey is also a party to Paris Convention, Patent Convention Treaty (PCT), Strasbourg agreement and Budapest Treaty on the Deposit of Microorganisms, as well as European Patent Convention. Patents are granted for 20 years to any invention in any field of technology, which is novel, involves an inventive step and is subject to industrial applications. Inventions that are contrary to public order or morality, plant and animal varieties or breeding processes are not patentable. The application is lodged to Turkish Patent Institute to get a patent. A formal examination of the application is carried out before publication, but no substantial examination. Compulsory licensing of patents may be obtained in Turkey; however those are not exclusive. For industrial designs, Turkey is a party to Geneva Act of the Hague agreement concerning the international registry of designs, and Locarno Agreement on classification for industrial designs. If designs are not registered then they are protected by the provisions of the Commercial Code on unfair competition.