Country Profile: Turkey

Laws

Constitution / Basic Law

• The Constitution of the Republic of Turkey (2004)

Main IP Laws (enacted by the Legislature)

• Law No 5805 regarding change to the Decree Law No 555 (2008)
• Law No 5194 regarding changes to the Decree Laws (2004)
• Law No 5147 for the Protection of the Integrated Circuits (2004)
• Law No 5042 for the Protection of the Plant Breeders' Rights (2004)
• Law No. 4630 for the Amendment of Certain Articles of the Law No. 5846 on Intellectual and Artistic Works, as adopted by the Turkish Grand National Assembly on 21 February 2001 (2001)
• Statute on the Professional Unions and Federation of the Authors and Owners of the Neighbouring Rights of April 1, 1999 (1999)
• Law No 4128 regarding changes to the Decree laws No 551 552 554 555 556 (1995)
• Decree-Law No. 551 on the Protection of Patent Rights in Force as from June 27, 1995 (as amended by Decree-Law No. 566 of September 22, 1995, and amended, added to and partly repealed by Law No. 4128 of November 7, 1995) (1995)
• Decree-Law No. 555 on the Protection of Geographical Signs (of June 27, 1995) (1995)
• DECREE-LAW NO.554 PERTAINING TOTHE PROTECTION OF INDUSTRIAL DESIGNS (1995)
• DECREE-LAW NO.556 PERTAINING TO THE PROTECTION OF TRADEMARKS (1995)
• Law No. 5846 of 5 December 1951, on Intellectual and Artistic Works, as last amended on 7 June 1995 by Law No. 4110 (1995)
• Law No. 3257 on Cinema, Video and Music Works of Art of January 23, 1986 (1987)

IP-related Laws (enacted by the Legislature)

• Decree-Law No. 544 on the Establishment and Functions of the Turkish Patent Institute (of June 24, 1994) (1994)

Implementing Rules/Regulations

• Amendments to the Regulations regarding the Marking of Intellectual and Artistic Works
• THE IMPLEMENTING REGULATIONS UNDER THE DECREE-LAW NO 556 PERTAINING TO THE PROTECTION OF TRADEMARKS (2002)
• Implementing Regulations under Decree-Law No. 551 pertaining to the Protection of Patent Rights, including Amended Regulation of 6 December 1998 (1998)
• Regulations on Neighbouring Rights to the Authors of Works of November 16, 1997 (1997)
• Regulations on the Marking of Intellectual and Artistic Works of November 16, 1997 (1997)
• Implementing Regulations under Decree-Law No. 554 pertaining to the Protection of Industrial Designs, including Amended Implementing Regulation of 31 December 1997 (1997)
• Implementing Regulations under the Decree-Law No. 555 pertaining to the Protection of Geographical Signs of November 5, 1995 (1995)
• Regulation on Inspection of Cinema, Video and Music Works of Art of September 4, 1986 (1988)
• Regulation on Enterprise License to Be Given to the Film, Video, Record and Cassette Administrators of September 4, 1986 (1987)

IP Legal Literature

• Decision of the Constitutional Court regarding some of the provisions of the Decree Law 555 (2009)
• Decision of the Constitutional Court regarding some of the provisions of the Decree Law No 556 (2008)

Treaty Membership

WIPO-Administered Treaties (Entry into force of treaty for contracting party)

• Singapore Treaty on the Law of Trademarks
• Patent Law Treaty
• Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
• WIPO Copyright Treaty (November 28, 2008)
• WIPO Performances and Phonograms Treaty (November 28, 2008)
• Hague Agreement Concerning the International Deposit of Industrial Designs (January 1, 2005)
• Trademark Law Treaty (January 1, 2005)
• Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (April 8, 2004)
• Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (January 1, 1999)
• Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (November 30, 1998)
• Locarno Agreement Establishing an International Classification for Industrial Designs (November 30, 1998)
• Strasbourg Agreement Concerning the International Patent Classification (October 1, 1996)
• Patent Cooperation Treaty (January 1, 1996)
• Vienna Agreement Establishing the International Classification of the Figurative Elements of Marks (January 1, 1996)
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (January 1, 1996)
• Convention Establishing the World Intellectual Property Organization (May 12, 1976)
• Berne Convention for the Protection of Literary and Artistic Works (January 1, 1952)
• Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (August 21, 1930)
• Paris Convention for the Protection of Industrial Property (October 10, 1925)

IP-related Multilateral Treaties (Entry into force of treaty for contracting party)

• Optional Protocol to the Convention on the Rights of Persons with Disabilities
• Protocol (III) additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive emblem
• United Nations Convention on Contracts for the International Sale of Goods (August 1, 2011)
• International Agreement on Olive Oil and Table Olives, 2005 (February 21, 2010)
• Stockholm Convention on Persistent Organic Pollutants (January 12, 2010)
• Convention on the Rights of Persons with Disabilities (October 28, 2009)
• Kyoto Protocol to the United Nations Framework Convention on Climate Change (August 28, 2009)
• International Convention for the Protection of New Varieties of Plants (UPOV) (November 18, 2007)
• International Treaty on Plant Genetic Resources for Food and Agriculture (September 5, 2007)
• International Convention on the Harmonization of Frontier Controls of Goods (June 21, 2006)
• International Plant Protection Convention (October 2, 2005)
• WHO Framework Convention on Tobacco Control (March 31, 2005)
• United Nations Framework Convention on Climate Change (May 24, 2004)
• Cartagena Protocol on Biosafety to the Convention on Biological Diversity (January 24, 2004)
• International Covenant on Economic, Social and Cultural Rights (December 23, 2003)
• Convention on Biological Diversity (May 15, 1997)
• Agreement establishing the World Trade Organization (WTO) (March 26, 1995)
• World Trade Organization (WTO) - Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) (March 26, 1995)
• Convention concerning the Protection of the World Cultural and Natural Heritage (June 16, 1983)
• Convention on Transit Trade of Land-locked States (April 24, 1969)
• Convention for the Protection of Cultural Property in the Event of Armed Conflict (March 15, 1966)
• Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict (March 15, 1966)
• Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. (August 10, 1954)
• Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. (August 10, 1954)
• Convention (IV) relative to the Protection of Civilian Persons in Time of War. (August 10, 1954)
• Convention and Statute on Freedom of Transit (September 25, 1933)

IP Regional Treaties (Entry into force of treaty for contracting party)

• Convention on the Grant of European Patents (EPO) (November 1, 2000)

IP-relevant Bilateral Treaties (Entry into force of treaty for contracting party)

• Free Trade Agreement between Turkey and Morocco (January 1, 2006)
• Free Trade Agreement between Turkey and Tunisia (June 1, 2005)
• Agreement between the Government of the Republic of Uzbekistan and the Government of the Republic of Turkey for protection of copyrights and similar rights