Invalidity of Geographical Indications under Turkish Law


Tekin U.

Third IP & Innovation Researchers of Asia Conference, 24 - 27 March 2021, pp.93

  • Publication Type: Conference Paper / Summary Text
  • Page Numbers: pp.93
  • Eskisehir Osmangazi University Affiliated: Yes

Abstract

Turkish industrial property law was regulated by decree-laws until 2017. From then on industrial property legislation has been amended in order to take into consideration the current developments in European law, and these decree laws were combined under the Industrial Property Code no. 6769 (IPC). As it is stated in the general preamble of IPC, it is necessary to revise the legislation on the protection of the geographical indications in a way to bring solutions to the developments in the international arena and the problems encountered in practice. In the enactment of the regulations of IPC on geographical indications, in addition to the international agreements that Turkey is obliged to implement [e.g. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)] and the EU Regulation No 1151/2012 on Quality Schemes for Agricultural Products and Foodstuffs has been taken as a model. Legislation regarding geographical indications prepared under the effect of these international regulations is regulated between the art. 33-54 of IPC. In the presence of certain conditions, the invalidity, which is explained as the legal protection provided by this Code for the registered geographical sign shall be deemed not to have arisen, is regulated in the art. 50 and 51 of IPC. In this article, invalidity request, grounds for invalidity and effects of invalidity on geographical indications will be explained under Turkish law with the light of court decisions and aforementioned international regulations about geographical indications.