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WHAT IS PATENT?

Patent is a legal document  giving an inventor the exclusive right to make, use and sell an invention for a specified number of years.

  1. Being new
  2. Applicability to industrial
  3. Exceeded of known status of the technique. With this criter owner of invention has right to product and market this invention for a period that is 20 years generally.

TERMS OF PROTECTION WITH PATENT OF INVENTION

  1. Being new
  2. Applicability to industrial
  3. Exceeded of known status of the technique. With this criter owner of invention has right to product and market this invention.

Being new: It has to be new and different  from known, recognized, tracked method, as Bilinen, taninan, izlenen metotlarin bir parçasi olmayan, başli başina yenilik taşima özelliği olmali.

Exceeded of known status of the technique: Invention must present excellent features from known status in any way.

Applicability to industrial: Inveniton must be used in industrial also agriculture.

PATENT CATEGORIES IN TURKEY

Patent Application in Turkey

  1. Without examined patent (It protects the patent for 7 years)
  2. With examined patent (It protects the patent for 20 years)
  3. Utility model (It protects the patent for 10 years)

INVASIONS TO RIGHT OF PATENT

  • Without permission or  with permission of owner of patent to imitate a patent by producing partly or completely.
  • Aware of or must be aware of exixts by faking partly or completely  to sell, dispatch or in to put into the market in another way, the products by invasion or for these aims to import or dispose for commercial prpose or  to use by making applicable.
  • Without permisin of owner of patent to use the invention or to sell the products being from the invention directly.
  • By owner of patent develops the given right by a licence  based on a contract or compulsory licence or to assign claims  these rights to 3. People. 
  • To be complicit in specified acts or help or instigate o rina ny way or any circumtances to enable making these acts.
  • To avoid inform how to get and from where to get the production own has or the products are producted unfair.

LEGAL RIGHTS FOR OWNER OF PATENT AND APPLICATION

If owner of registered mark or application requests, He/she withdraws fake products from circulation. 

LEGAL CITUATION

Unfair competition is banned  in Turkish commercial law. Paying compensation is ordered by this law for unfair competition.  Also penalty of imprisonment is ordered.

It is applied  effective sanctions to person who crosses unlawfully to trademark since  1995 by the law of protection of trademark . these sanctions are penalty of imprisonment, amercement and compensation. Also closing the Office, impoundage impouding of contraband goods and machines, high amount of fines, orders indemnity of material and moral damage benefit for holder of a  right against 3. person.

Industrial Design Law,Trademark Law, protection of geographic signs law protects owner of registration.

LEGAL CORPORATES IN TURKEY

Republic attorney generalship and criminal court
Republic attorney generalship handles with person who intrudes on trademark, patent, industrial design and geographic marks, depend on complaint of owner of registered rights or attorney’s with laws in turkey as below. 
Polices are chareged by prosecuting attorney , captures fake products, production machines of intruder. Criminal action is made about these people because of being clear that these producs are fake but after expert’s report. These people’s offices are shut down, Furthermore levy is made. 

Commercial courts
Courts is made in commercial courts for people or companies who  made  false claim. Commercial courts are made to determin and to ban of unfair commercial,  to pay compensation as Turkish

Commercial Law. 
Specialized  courts
Trademark, patent, industrial design and copyright registrated owner as determination of false claim, inhibition  of false claim, indemnification, reques of prudence courts are made in tribunals.   To open a case in turkey preferential rule is trade mark, patent, industrial design and geographic signs must be registered by TPE. If these are not registered, they can not benefit from legal arrangement. 

Turkish Patent Institute
Registration of trademarks, patents, industrial designs and geogrphicmarks are made by Turkish Patent Institute in turkey. Turkish laws and courts protect all registered trademarks, patents, industrial designs and geogrphicmarks. As the client gives us the letter of attorney we can  apply to TPE to make the trademarks, patents industrial designs and geogrphicmarks registered in TPE. We have  authorized attorney for these procedure.  

Clients have to make registered by TPE for all trade mark, industrial designs, patents and geographic Marks as We open a court about companies or person who made fake product, fake designs for your as we apply republic attorney generalship .

PROCESS OF PATENT / UTUILITY MODEL REGISTRATION

Application of trademark  is made in three days as soon as the client provides us the documents and dues.

Applicaiton is investigated by experts of TPE whether it is suitable or not as criterion of accordance in 1 to 3 months

As experts of TPE accepts the application of patent in shape, they investigates of being new. If the report of investigation of being new is ok, it is published in DESIGN BULLETIN. It is to remain in suspense for 6 months for 3. People to object. (Investigaiton being new dosen’t make For Without examined patent and utility model aplication )

If 3. People doesn’t object to published design , we have the registration certificate. This process takes 8-12 months.

We have The registration certificate within 8-14 months.

There is objection right to TPE’s refuse after first  investigation or while it is published in design bulletin  if it would be an objection. Dues has to be paid to TPE and objection process takes 6-12 months.

For final decision of TPE we have the right to open a court tribunal in 2 months.

PATENT OFFICE ATTENDS THESE PROCEDURES FOR THE CLIENTS AND CONSULTS. TPE GIVES THE FINAL DECISION ABOUT THE APPLICATION 

HOW TO PREVENT TO REGISTER FAKE trademark IN TURKEY

Patent applicaiton is investigated in being new. Investigaiton being new dosen’t made for Without examined patent and utility model aplication, but shape. 

Approved patents  are announced in Officially Design bulletin for 6 mon-ths. In this 6 months anyone can make an objection for unfair competiiton and colorable imitation.

To counteract to imitate of your trademark, you have to follow the bulletin published by TPE every month. You have to make an objection similar trademark with yours. Tis is important  to make permanent protection for your trademark .

Our agency follows the bulletin and inspects to fake trademarks provided that a contrate for one year

IF YOU WANT TO REGISTERE YOUR PATENT / INVENTION IN TURKEY

IF YOU WOULD LIKE TO REGISTER YOUR DESIGN

You may inform us about the Picture / photo / drawing of your design. 

We prepare the report of registerablity of design and the fees. 

According to the report you have to regstry your design.

If the registry is not appropriate you have to appeal legal ways. 

If the registry is not appropriate you have to appeal legal ways.

If same design exists in turkey it is seized in customs house or markets. It is also apply criminal sanction.

IF YOUR INDUSTRIAL DESIGN AS REGISTERD IN TURKEY IN NAME OF  ANOTHER COMPANY

In turkey approximate 100.000 registration of iindustrial design exists. Every month is made approximate 1000  new application of registration. Your design may be under risk of registered in name of another company of these 100.000 aplication.

If your design is registered in Turkey on behalf of another company it is important that determine whether registered the coincidence, or bad intention.

Process of law is made a decision at the end of the evalution.

EltutanPatent Office prepares a report about all same desings with your industrial design and it’s legal status.

Eltutan Patent – Law Office employes lawyers, trademark attorney, authority of Turkish courts, engineers who all the expers about trademark, industrail design.

PLEASE DO NOT HESITATE TO CONTACT WITH OUR LAWYERS  FOR ANY QUESTIONS AND ANY PROBLEMS

 
şair Sabri Sk. No:14 Kat:2 Mecidiyeköy/şişli/istanbul Tel: (212) 288 26 22 [email protected] www.ustapatent.com
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