INDUSTRIAL PROPERTY LAW Nr. 6769 was published in the Official Gazette dated 10.01.2017 and numbered 29944, and entered into force on the date of its publication.

Article 26 of the Industrial Property Law No. 6769, seven years after the publication of this law, the provisions regarding the period of time for renewal requests regulated in the second paragraph of Article 23 and the fourth paragraph of Article 69, and the provisions regarding the obligation to use the emblem regulated in Article 46 from the date of publication. It will enter into force one year from now.

Industrial Property Law No. 6769; Decree Law on the Protection of Patent Rights dated 24.06.1995 and numbered 551, Decree Law on the Protection of Industrial Designs dated 24.06.1995 and numbered 554, Decree Law on the Protection of Geographical Indications No. 555, dated 24.06.1995, and Decree Law No. 556 on the Protection of Trademarks and Decree Law No. 551 on the Protection of Patent Rights dated 22.09.1995 and numbered 566 have been repealed.

National or international trademark and design applications and geographical indication applications made to the institute before the publication of the Law No. 6769 are concluded in accordance with the provisions of the legislation in force at the date of application (Executive Decree No. 556, Decree No. 554, Decree No. 555). (Law No. 6769, temporary article 1/1).

National patent applications and utility model applications filed before the publication date of Law No. 6769 are concluded in accordance with the provisions of the legislation in force at the date of application (Decree Law No. 551 and 556) (Law No. 6769, temporary article 1/2).

The same article will continue to be applied for patents within the scope of the temporary article 4 of the abolished Decree Law No. 551 on the Protection of Patent Rights (Law No. 6769, temporary article 1/3).

Law no. 6769, excluding articles 99, 138 and 144, fifth paragraph of article 113 and eighth paragraph of article 121, for patents and utility models granted in accordance with previous legislation provisions (Decree Law No. 551 and 566) (Law No. 6769, temporary article 1/4).

The regulations stipulated in the Law No. 6769 have not been issued yet. For this reason, until the regulations envisaged in the Law No. 6769 enter into force, the provisions of the existing regulations that are not contrary to the Law No. 6769 will continue to be implemented (Law No. 6769, temporary article 2).

Until the second paragraph of Article 23 of Law No. 6769 and the fourth paragraph of Article 69 come into force, the relevant provisions of the repealed Decree Law No. 554 and 556 shall be applied (Law No. 6769, provisional article 5).

As can be understood from the explanations above, Article 191 of the Industrial Property Law No. 6769 entered into force on 10.01.2017 and Decree on the Protection of Patent Rights No. 551, Decree on the Protection of Industrial Design Rights No. 554, Decree on the Protection of Geographical Indications No. Although the Decree Law No. 551 on the Protection of Patent Rights and Decree Law No. 551 on the Protection of Patent Rights has been repealed, in particular, the Industrial Law No. 6769 on national trademark, design, geographical indication, patent and utility model applications made to the institute before the publication date of this law. Decrees, not Property Law, will be applied.

In addition, since the same article will continue to be applied about the patents within the scope of the temporary article 4 of the Decree Law No. 551, it has been included in the Decree-Law No.

Since the provisions of the existing regulations, which are not contrary to this law, will continue to be implemented until the regulations envisaged in this law come into force, the Regulation Indicating the Implementation of the Decree Law No. 551, the Regulation Indicating the Implementation of the Decree Law No. 554, the Regulation Indicating the Implementation of the Decree Law No. 555, No. 556 The Regulation Indicating the Implementation of the Decree Law has been included in this compilation of legislation. In addition, since the international agreements on industrial property to which Turkey is a party have become our domestic law, the most important of them, such as the Paris Convention, the World Intellectual Property Organization Convention, and TRIPS, have been included in the legislation.

For now, this work is a compilation of legislation and aims to have this legislation in the hands of everyone concerned.

The Regulation Indicating the Implementation of the Industrial Property Law No. 6769 and the regulations mentioned in the other law will be included in the second edition of this legislation compilation after they are issued and come into force by the Ministry.

Prof. Dr. A. Lerzan Yilmaz

Istanbul, April-2017