The field of Intellectual Property Rights, which was governed by the law of Ottoman in the first 72 years of our Republic and has been governed by Decree Law since 1995, now gets to gain law for the first time. The draft law involving patent, trademark, and design fields has passed the commission, and been offered to the parliament. The draft law, which is expected to be approved by the parliament with the support of the majority, is welcomed with joy to be offered to the Parliamentary Counsel. The draft law involves many innovations securing this part of Turkish commercial life in our country.
Kemal Yamankaradeniz, the CEO of Destek Patent, which is one of the most well-established institutions that provide consultancy and service support in the field of Intellectual Property Rights, thanks especially our President, and Prime Minister, Minister of Industry, and President of Patent Institute for the draft law that has been most needed in commercial life and offered to the Parliamentary Counsel. Yamankaradeniz announced that he, on behalf of the sector, owed a debt of gratitude to the ruling and the opposing parties that would support the draft law being approved by the parliament.
Indicating that the new patent law, which has been offered to the Parliamentary Counsel and is expected to be approved fast after being put on the Counsel's agenda, will provide a much more qualified Intellectual Property Rights structure, Kemal Yamankaradeniz, the CEO of Destek Patent added: "With the new law, the processes will be a lot easier and faster, people will be encouraged in patent registration and R&D and innovation studies. One of the most important changes brought by the law is that minimum standards in patent and design violations will be set up and legal enforcement will be applied more quickly. Heavy penalties for trademark imitations will be mandatory."
"Trademark Dealers will be prevented"
Explaining the primary changes that will be brought by the new law, which is expected to be approved by the end of May, Yamankaradeniz noted: "No one will have 40-50 trademarks even though they do not use them. Trademarks which are not used for 7 year will be cancelled by Turkish Patent and Trademark Office. In this way, trademark dealers will be prevented too. With the law, the way for the production of equivalent parts will be cleared off. With the condition of being accredited, the manufacturers of spare parts will be able to produce and sell vehicle parts. In this way, the prices of spare parts in the market will be cheaper".
Stating that the new law will be fighting imitation products too, Yamankaradeniz added: "Imitation products will not remain unpunished anymore. Penalties from 1 to 3 years, which cannot be converted into fine, will be imposed to imitation. Besides, the destruction process of these products will be accelerated".
"Substantial rise in applications for trademark, patent and design registration might be observed"
Indicating that the duration in design notice process will be reduced from 6 months to 3 months, and in the duration in trademark notice process will be reduced from 1 year to 4 months, Yamankaradeniz added: "Not only the processes will become shorter with the new law, but also a more balanced structure in the distribution of income resulted from registration will be achieved. The owner of the inventions to be developed in higher education institutions will be the institutions instead of faculty members. However, the income will be shared. At least one third of the income will be given to the faculty member who has made the invention, another one third will be given to Technopark, and the other one third will be given to the rectorate. In this way, faculty members will earn an income from their invention and be encouraged to do R&D studies. Employees and university members will have the right to receive their share from the income from the use of this right. Likewise, employees will be encouraged in R&D activities. If an employee has had a contribution to an invention or a design developed in factories, that employee will have an income obtained from the relevant invention or design. An assessment commission will be established in factories to decide how much share the employees will get. Both faculty members and employees will be encouraged in R&D. Substantial rise in applications for trademark, patent and design registration might be observed".
The name of TPE changes
The name of Turkish Patent and Trademark Office, which was established in 1994, will be changed to "Turkish Patent and Trademark Office" and it will have a stronger system. Turkish Patent and Trademark Office, the only institution that represents our country in international arena in the practices of this area, will become a more prestigious international institution with its new system. Besides, the disciplinary provisions of trademark and patent attorneyship are included in the Draft Intellectual Property Rights Law, a discipline committee will be formed for the penalties to be imposed on those who do not follow the rules. The discipline committee will consist of 7 people. So that the Intellectual Property Rights system will have more efficient practices in the protection of trademark, patent, and design in Turkish commercial life with the specialized court for intellectual and Intellectual property rights established for a powerful institution, an effective legislation, a properly working attorneyship system, and fair judgement.
