LAW ON THE ESTABLISHMENT AND DUTIES OF THE TURKISH PATENT INSTITUTE (TPE)*
International Agreements to Which Türkiye is a Party
(Decree Law on the Establishment and Duties of the Turkish Patent Institute)
With its amendment and adoption, the Annexed Tables of the Decree Law on General Staff and Procedures
and the Civil Servants Law
(Law on Amendments)
Law No. 5000, Date of Enactment: November 6, 2003
History of the Turkish Patent Institute (TPE)
Legal regulations concerning industrial property in Turkey date back to the 1870s. The "Regulation on Trademarks for Commercial Goods" of 1871 and the "Patent Law" of 1879 form the basis of legal protection for trademarks and patents in our country. With these regulations, Turkey ranks among the leading countries providing protection for industrial property rights.
In the early years of the Republic, importance was given to the protection of industrial property rights, and Turkey acceded to the "Paris Convention on the Establishment of an International Association for the Protection of Industrial Property" in 1925.
The enactment of the Trademark Law No. 551 in 1965 and Turkey's accession to the World Intellectual Property Organization (WIPO) Establishment Agreement in 1976 are among the significant steps taken in the field of industrial property rights protection in Türkiye.
The establishment of the Turkish Patent Institute ( TPE ) on June 24, 1994, by Decree Law No. 544, under the Ministry of Industry and Trade, with administrative and financial autonomy, marked a turning point in the field of industrial property rights. To bring Decree Law No. 544 into line with current conditions and to codify it into law, Law No. 5000 on the Establishment and Duties of the Turkish Patent Institute came into force on November 19, 2003. This law outlines the fundamental objectives of the TPE as follows:
The objectives of the project are defined as: - Contributing to Turkey's technological progress, -
Establishing and protecting industrial property rights to ensure a free competitive environment and the development of research and development activities within the country, -
Making available to the public existing information and documentation on industrial property rights both domestically and internationally.
In order to fulfill Turkey's obligations arising from the "World Trade Organization (WTO) Establishment Agreement" and its annex "Agreement on Trade-Related Intellectual Property Rights" (TRIPS), and the Customs Union with the European Union, reformative decrees have been created under the leadership of the Turkish Patent and Trademark Office (TPE) in the fields of patents, trademarks, industrial designs, and geographical indications.
Since 1994, Turkey has become a party to 11 international agreements. Specialized courts have been established to create a robust industrial property system nationwide, and significant efforts have been made to raise public awareness through training and promotional activities for users of the system.
In addition, legislative changes necessary to address issues arising from the implementation of international agreements were also made during this period.
The last few years have been a period in which TPE has expanded its domestic and international relations, made great progress in the areas of promotion and corporate development, and experienced a significant increase in its business volume.
Tasks
To register industrial property rights protected by law and to carry out procedures related to the protection of these rights.
To engage in mediation activities in licensing procedures and to act as an expert witness in courts.
Registering license and transfer agreements,
Monitoring the use of inventions, evaluating new technologies, guiding and archiving technology transfer,
To cooperate with similar organizations abroad and international organizations,
To represent Türkiye before international organizations on industrial property rights.
To contribute to the drafting of international agreements on industrial property rights while protecting national interests and to ensure the implementation of these agreements in Türkiye.
To cooperate with technology and research and development institutions and organizations and information banks both domestically and internationally, to establish documentation centers, and to make this information available to the public.
To publish various publications related to industrial property rights and to periodically publish the Turkish Industrial Property Gazette.
Our vision is to carry out the necessary work to inform and guide individuals and organizations within the country on industrial property rights issues.
Our mission is to advance Turkish industry and technology in global competition by ensuring the effective and widespread use of industrial property rights; and to be a model institution in Europe for the development of industrial property rights worldwide.
Our goals include: contributing to Turkey's economic and technological development by promoting creativity and innovation;
ensuring the effective protection of patents, trademarks, designs, and other industrial property rights;
disseminating awareness and knowledge of industrial property rights throughout the country and developing cooperation with relevant stakeholders;
strengthening legal, technical, and human infrastructure to provide customer-oriented, fast, and high-quality services; establishing an effective industrial property system;
and representing Turkey on international platforms and strengthening cooperation for the protection of industrial property rights and the development of the Turkish and European economies.
*This page has been compiled from the Turkish Patent and Trademark Office (TPE) website and is for informational purposes only.
TPE website address: turkpatent.gov.tr
PART ONE
General Provisions CHAPTER ONE
Establishment and Purpose
Establishment and Purpose
ARTICLE 1. - In order to contribute to Turkey's technological progress, to create a free competition environment within the country, and to ensure the development of research and development activities, the Turkish Patent Institute, a legal entity subject to private law provisions in cases not specified in this Law, affiliated with the Ministry of Industry and Trade, and with a special budget, has been established for the purpose of establishing patents and trademarks regulated by various laws, industrial property rights regulated by other laws, ensuring protection in this regard, and making available to the public the information and documentation existing domestically and abroad regarding industrial property rights. The Turkish Patent Institute is a public institution, and its short name is "TPE".
The headquarters of TPE is in Ankara.
Definitions
ARTICLE 2. - The following terms used in this Law mean:
a) Institute: Refers to the Turkish Patent Institute,
b) Board of Directors: Refers to the Board of Directors of
the Turkish Patent Institute, c) Advisory Board: Refers to the Advisory Board
of the Turkish Patent Institute, d) Presidency: Refers to the Presidency of the Turkish Patent Institute, e) Ministry: Refers
to the Ministry of Industry and Trade .
CHAPTER TWO
Duties and Organs
Duties
ARTICLE 3. - The Institute, with the aim of contributing to the technological and industrial development of the country;
a) It registers patents, trademarks, industrial designs, and other industrial property rights protected by law in accordance with the relevant legislation and carries out procedures related to the protection of these rights;
b) It conducts mediation activities in compulsory licensing procedures and acts as an expert witness in courts;
c) It registers and records license and transfer agreements;
d) It monitors the use of inventions, evaluates new technologies, directs and archives technology transfer;
e) It cooperates with similar organizations and international organizations abroad;
f) It represents Turkey before international organizations with the approval of the Ministry;
g) It contributes to the preparation of international agreements on industrial property rights while protecting national interests and ensures the implementation of these agreements in Turkey;
h) It cooperates with institutions and organizations related to technology and research and development and with information banks at home and abroad, establishes documentation centers, and makes this information available to the public;
i) It publishes various publications on industrial property rights and periodically publishes the Turkish Industrial Property Gazette;
j) It carries out domestic and international activities on industrial property rights. It carries out the necessary work to inform and guide individuals and organizations within it.
k) Supports academic studies related to subjects within its scope of duty,
l) Performs other duties assigned by law.
Organs and Units
ARTICLE 4. - The Institute consists of the following organs and units:
a) Board of Directors.
b) Advisory Board.
c) Presidency.
d) Review and Evaluation Board.
e) Main Service Units.
f) Auxiliary Service Units.
g) Advisory Units.
Board of Directors
ARTICLE 5. - The Board of Directors is the highest-level management and decision-making body of the Institute.
The Board of Directors consists of seven members: one member each from the Ministry of Justice and the Ministry of Finance, three members to be determined by the Ministry of Industry and Trade, the President of the Institute, and a Vice President.
The President of the Institute is also the President of the Board of Directors.
The President and Vice President of the Institute are appointed by joint decree upon the recommendation of the Minister of Industry and Trade, while the other members of the Board of Directors are appointed by joint decree upon the recommendation of their respective Ministries.
The term of office for members of the Board of Directors is three years, and members whose term has expired may be reappointed.
For any vacant Board of Directors membership, an appointment shall be made within one month at the latest using the same procedure, and the appointed member shall complete the term of the previous member.
In the absence of the Chairman, the Vice-Chairman shall act as the Chairman.
The working procedures and principles of the Board of Directors shall be determined by a regulation to be issued by the Ministry. Article 6 -
Duties and Powers of the Board of Directors
: The Board of Directors shall ensure the fulfillment of the duties assigned to the Institute by this Law and other legislation.
To this end;
a) It shall take all necessary measures to ensure that the Institute operates regularly, efficiently, and effectively in administrative, financial, and technical aspects. The Board of Directors shall: a) Ensure the regulations it prepares to enhance the efficiency of the Institute's operations are put into effect with the approval of the Ministry;
b) Ensure the implementation of legislation related to the Institute; c)
Approve the Institute's budget;
d) Review and decide on the prepared activity and financial reports; e)
Prepare short-term and long-term work programs, identify research topics, and implement them in line with development plans and annual programs regarding industrial property rights and technological progress;
f) Prepare fee schedules for the services provided by the Institute and implement them upon the approval of the Ministry of Industry and Trade;
g) Decide on appointment proposals made by the President;
h) Convene the Advisory Board when necessary;
i) Review and decide on the advisory board's recommendations.
j) The Board of Directors decides on organizing national and international seminars, symposiums, open forums, conferences, and similar events to inform the public and obtain the views of interested parties on matters within the Institute's scope of work;
k) It establishes temporary or permanent expert commissions composed of experts in the field of industrial property rights to obtain opinions on matters deemed necessary in this area;
l) It decides on the construction of buildings, the purchase or rental of movable and immovable properties, and their sale or lease when necessary, for the needs of the Institute.
The Board of Directors meets at least once a month upon the agenda prepared by the Chairman and the invitations issued.
Members who fail to attend four meetings within a year or three consecutive meetings without a valid excuse accepted by the Board of Directors shall automatically lose their membership without any further action, and new members shall be appointed in the same manner.
The Board of Directors convenes with at least four members, and decisions are taken by a simple majority vote of the members present. In case of a tie, the Chairman's vote counts as double.
Advisory Board
ARTICLE 7. - The Advisory Board of the Institute consists of the following members:
one member each from the Ministries of Justice, National Defence, Foreign Affairs, Finance, National Education, Health, Agriculture and Rural Affairs, Transportation, Environment and Forestry, Industry and Trade, and Culture and Tourism; one member each from the Undersecretariat of the State Planning Organization, the Undersecretariat of the Treasury, the Undersecretariat of Foreign Trade, the Undersecretariat of Customs, and the Scientific and Technical Research Council of Turkey; five members from universities to be determined by the Higher Education Council; one member each from the Confederations of Workers' and Employers' Unions with the largest number of members; and one member each from the Turkish Atomic Energy Authority, the National Productivity Center, the Small and Medium-Sized Enterprises Development and Support Administration, the Union of Chambers and Commodity Exchanges of Turkey, the Union of Turkish Engineers and Architects, the Turkish Medical Association, the Turkish Veterinary Medical Association, and the Turkish Pharmacists Association.
The Board of Directors may invite experts to the Advisory Board meetings as needed.
The term of membership for Advisory Board members is two years. Members whose terms have expired may be re-elected.
The working procedures and principles of the Advisory Board shall be regulated by a regulation to be prepared by the Ministry.
The Advisory Board shall meet at least once a year. The Minister of Industry and Trade or a person he/she designates shall chair the meetings. Article 8 -
Duties of the Advisory Board
: Within the framework of the Institute's activities and with the aim of assisting the Institute, the Advisory Board shall provide opinions and make recommendations regarding the Institute's working principles, activity report, budget, and work programs, in relation to Turkey's technological development, the effective protection of industrial property rights, and the creation of a competitive environment.
Article 9 - The President
is the highest-ranking official of the Institute and represents the Institute. The Presidency consists of the President and two Vice-Presidents.
The President and Vice-Presidents of the Institute are appointed by joint decree for a term of three years. Those whose term has expired may be reappointed. For any vacant position of President or Vice-President, an appointment shall be made within one month at the latest using the same procedure, and the appointed person shall complete the term of the previous one.
Presidents and Vice-Presidents who cannot be reappointed shall be appointed to other positions appropriate to their status, according to their acquired salary rights.
The President is responsible for ensuring that the Institute's services are carried out in accordance with the legislation, international agreements on industrial property rights to which Turkey is a party, national security policy, development plans and annual programs, and the decisions of the Board of Directors, and for ensuring cooperation and coordination with national and international institutions and organizations on matters within the Institute's field of activity. The President prepares the Institute's budget, activity report, and financial report and submits them to the Board of Directors for approval. The President is responsible for the operations of the Institute's employees and is authorized and responsible for overseeing the Institute's activities and accounts.
The President may delegate some of his/her powers to subordinates, provided that the limits of such delegation are clearly stated in writing. However, delegation of authority does not relieve the delegator of responsibility. Article 10 -
Review and Evaluation Board
: The review and evaluation of objections made by applicants or third parties against decisions taken by the Institute regarding the registration of industrial property rights are carried out by the Review and Evaluation Board.
Decisions on matters requested for review and evaluation are made by the Board, chaired by the Institute President or one of the Vice Presidents he/she designates, and composed of at least two expert members selected by the President from within the Institute, who are experts in the subject matter to be reviewed and evaluated and who were not involved in the decisions taken regarding the objection.
The decisions of the Review and Evaluation Board are the final decisions of the Institute. A lawsuit may be filed against these decisions in the relevant court.
The working principles and operation of the Review and Evaluation Board will be determined by a regulation to be prepared by the Institute and issued with the approval of the Ministry.
PART TWO Service Units
CHAPTER ONE
Main Service Units
Main Service Units
ARTICLE 11. - The main service units of the Institute are as follows:
a) Patent Office Directorate.
b) Trademark Office Directorate.
c) Industrial Designs Office Directorate.
d) International Relations Office Directorate.
Patent Office Directorate
ARTICLE 12. - The Patent Office Directorate;
Article 13 - The Trademarks Department: a) Performs the registration, filing, research, examination, evaluation, and registration procedures for patent applications in accordance with the relevant legislation;
b) Performs the licensing, transfer, and other modification procedures for patents and patent registration applications in accordance with the relevant legislation;
c) Performs the publication, classification, and registration procedures for patents;
d) Performs other tasks assigned by the Presidency.
The Trademarks
Department:
a) Performs the registration, filing, research, examination, evaluation, and registration procedures for trademark applications in accordance with the relevant legislation;
b) Performs the licensing, transfer, and other modification procedures for trademarks and trademark registration applications in accordance with the relevant legislation;
c) Performs the publication, classification, and registration procedures for trademarks;
d) Performs the procedures for protecting signs and expressions with specific characteristics, determining and implementing the principles regarding the level of recognition of trademarks in accordance with the relevant legislation;
e) Conducts procedures related to geographical indications;
f) Performs other tasks assigned by the Presidency. Article 14 -
Department of Industrial Designs
: The Department of Industrial Designs shall:
a) Handle the registration, filing, research, examination, evaluation, and registration processes of industrial design applications in accordance with the relevant legislation, as well as processes related to licensing, transfer, and other changes; b)
Handle the announcement, classification, and registration processes of industrial designs;
c) Perform other tasks assigned by the Presidency. Article 15 -
Department of International Relations
: The Department of International Relations shall:
a) Monitor and examine international agreements falling within the Institute's scope of duties and carry out the necessary work to fulfill obligations;
b) Conduct procedures within the framework of Law No. 1173 dated May 5, 1963, to participate in international agreements to which the Institute is required; c)
Make suggestions to the Presidency for amendments to legislation when necessary;
d) Monitor and obtain foreign legislation;
e) Perform other tasks assigned by the Presidency.
SECTION TWO
Auxiliary Service Units
Auxiliary Service Units
ARTICLE 16. - The auxiliary service units of the Institute are as follows:
a) Personnel Department.
b) Administrative and Financial Affairs Department.
c) Information, Documentation and Data Processing Department.
Personnel Department
ARTICLE 17. - The Personnel Department;
ARTICLE 18. - The Administrative and Financial Affairs Department; a) Ensures that the expenditures, revenues, and purchases required by the Institute are carried out within the framework of relevant laws and regulations ; b) Presents
to the Board of Directors the cleaning, maintenance, and repair services of the Institute, as well as the purchase or rental of movable and immovable property for the Institute's needs, and their sale or lease when necessary, and carries out these tasks with the approval of the Board of Directors; c) Ensures the orderly conduct of document entry and exit and archive services; d) Maintains fixed assets and other records; e) Performs other tasks assigned by the Presidency. Article 19. - The Department of Information, Documentation and Data Processing ; a) Publishes educational and informative books, brochures, and magazines related to the Institute's duties; b) Publishes documents on industrial property rights domestically and internationally, and manages services related to the Industrial Property Library; c) Collects information and documents on patents and trademarks registered domestically and internationally on the relevant subject, and makes them available to the Institute and the public; d) Publishes the Official Industrial Property Gazette; e) Conducts all kinds of training and promotional activities related to industrial property rights; f) Carries out the necessary cooperation efforts for the operation of information units in locations deemed appropriate by the Board of Directors; g) Ensures the establishment, operation, and development of the information processing system, hardware, and software within the Institute; h) Ensures the transfer and storage of information and documents related to industrial property rights in a computer environment; i) Carries out the necessary work to ensure that the information in the computer environment can be used as quickly as possible by the relevant units of the Institute; j) Performs other tasks assigned by the Presidency. Advisory Units ARTICLE 20. - The advisory units of the Institute are as follows: a) Department of Research, Planning and Coordination. b) Legal Counsel. Department of Research, Planning and Coordination ARTICLE 21. - The Department of Research, Planning and Coordination;
a) Assists in the preparation of the Institute's main service policies and plans,
b) Develops plans and projects for the optimal and efficient use of existing resources such as manpower, money, and materials to ensure the economical and effective performance of service activities;
c) Prepares the Institute's annual work program and performs other tasks assigned in planning and coordination;
d) Monitors technological developments at home and abroad;
e) Conducts technology assessment studies necessary for national development and meets public demands in this regard;
f) Performs other tasks assigned by the Presidency.
Legal Counsel
ARTICLE 22. - The Legal Counsel;
a) Works to bring legislation related to industrial property rights into line with current conditions; b)
Provides legal advice to the Board of Directors and the Presidency;
c) Keeps available national and international agreements, laws, regulations, other legislation, reports, articles, and similar arrangements related to industrial property rights;
d) Represents the Institute in courts;
e) Performs other tasks assigned by the Presidency.
Legal advisors, lawyers, and other staff working in the Institute's Legal Department benefit from the fees awarded in courts and enforcement offices in accordance with the provisions of the Law No. 1389 dated February 2, 1929, concerning the fees to be paid to lawyers and others who conclude state cases.
PART THREE
Appointment Conditions, Budget and Personnel
CHAPTER ONE
Appointment Conditions
Appointment Conditions
ARTICLE 23. - Members of the Institute's Board of Directors are appointed from among individuals who have completed at least four years of higher education in law, engineering, economics, business administration, or finance, either domestically or abroad, and who possess sufficient professional knowledge and experience. It is required that the representatives of the Ministry of Justice and the Ministry of Finance have worked in those ministries for ten years and possess sufficient professional knowledge and experience; that one of the members to be determined by the Minister of Industry and Trade be a university professor specializing in industrial property law; and that the other be a representative of the Union of Chambers and Commodity Exchanges of Turkey who has worked in the public and/or private sector for ten years. These members must also meet the conditions other than those specified in Article 48, paragraph (A), subparagraph (3) of the Civil Servants Law No. 657 dated 14.7.1965.
The terms of office of the Board of Directors members, the Chairman and the Vice-Chairmen cannot be terminated for any reason before their terms expire. However, the terms of office of those who have lost the necessary qualifications for their appointment or who have committed a crime related to the duties assigned by law, as established by a court decision, shall end.
In appointments to department head and director positions within the Institute, in addition to the requirements stipulated in the Civil Servants Law, the length of service of the candidate within the Institute and their domestic and international experience in the relevant field are primarily evaluated.
For appointments to department head and director positions in the Patent Department, International Relations Department, and Information, Documentation, and Data Processing Department, candidates fluent in at least one of the following languages are given priority: English, French, or German.
Personnel from the Institute, excluding those appointed by joint decree, are appointed upon the proposal of the President and the approval of the Board of Directors.
Within the Institute,
to be eligible for the position of Assistant Specialist, in addition to the requirements stipulated in the Civil Servants Law, the following conditions must be met:
1. Graduation from a four-year or equivalent higher education institution abroad;
2. Successful completion of a competitive and qualification examination;
3. Being under thirty-five years of age on the first day of January of the year the examination is held
.
b) Those who have worked as assistant specialists for at least three years and have a positive performance record, and who successfully pass the qualification exam, will be appointed to the "specialist" position. Those who
fail the qualification exam twice in a row will be transferred to other positions suitable to their situation.
Those to be appointed to the specialist position must know at least one of the spoken languages accepted by the United Nations at the "C" level or equivalent level in the Public Personnel Language Examination.
The procedures and principles regarding assistant specialists and specialists, their training in Turkey and abroad, the selection criteria, and other matters will be regulated by a regulation to be issued by the Ministry.
SECTION TWO
Audit, Revenues, Expenditures and Budget
Audit
ARTICLE 24. - The Institute is subject to the audit of the Prime Ministry High Audit Board.
Revenues, expenditures and budget
ARTICLE 25. - The revenues of the Institute are as follows:
a) Fees to be received for the services to be provided by the Institute.
b) Aid from the General Budget.
c) All kinds of aid and donations.
d) Income from the immovable properties belonging to the Institute.
e) Income obtained from the interest earned on the aforementioned revenues.
f) Other income.
The Institute's income and expenditure surplus is transferred to the following year's budget.
The Institute's income, transactions, and real estate are exempt from all taxes, duties, and fees; no security is required in lawsuits. The Institute
's expenses and payments to instructors are covered from the budget approved by the Board of Directors.
Marka ve patent başvuruları için 2.7.1964 tarihli ve 492 sayılı Harçlar Kanununun 8 sayılı tarifesinde belirtilen harç miktarları, Enstitünün yapacağı hizmetler karşılığında alınacak ücretlerle birlikte Enstitü tarafından tahsil edilir ve bu surette toplanan harçlar aylık olarak Maliye Bakanlığına aktarılır.
ÜÇÜNCÜ BÖLÜM
Personel
Personel
MADDE 26. - Enstitüde Başkan, Başkan Yardımcısı, Daire Başkanı, Hukuk Müşaviri, Müşavir, Şube Müdürü, Patent Uzmanı, Marka Uzmanı, Uzman, Patent Uzman Yardımcısı, Marka Uzman Yardımcısı, Mütercim, Çözümleyici, Programcı, Bilgisayar İşletmeni kadroları karşılık gösterilmek kaydıyla, 657 sayılı Devlet Memurları Kanunu ve diğer kanunların sözleşmeli personel çalıştırılması hakkındaki hükümlerine bağlı kalınmaksızın sözleşmeli personel istihdam edilebilir. Yabancı uzmanlar da sözleşmeli olarak istihdam edilebilir. Yabancı uzmanların istihdamı Enstitünün hazırlayıp Bakanlığın onaylayacağı yönetmeliğe göre yapılır.
Belli bir uzmanlık gerektiren nitelikteki iş ve hizmetler için Yönetim Kurulu kararı ile istisna akdi çerçevesinde işlem yapılır.
The Institute may employ domestic and foreign individuals on a contractual basis through special agreements, as needed and with the approval of the Board of Directors, for tasks such as health and education.
The terms and conditions of these contracts, as well as the amount of wages and all types of payments, shall be determined by the Council of Ministers.
Contracted personnel may, upon their request, be affiliated with the Pension Fund.
The Institute may utilize the services of domestic and foreign organizations in the execution of trademark and patent procedures. Fees for these services shall be collected by the Institute, along with the fees for the services rendered, and payments to the relevant organizations shall be made by the Institute.
The remuneration paid to the Chairman and members of the Institute's Board of Directors, and to the Chairmen and members of the Boards of Directors of Public Economic Enterprises, for their duties shall be applied in the same manner.
Enstitünün kadroları
MADDE 27. - 544 sayılı Kanun Hükmünde Kararnameyle ihdas edilmiş bulunan kadrolar ile 24.11.1994 tarihli ve 4046 sayılı Kanun uyarınca Bakanlar Kurulunun 2002/4120 sayılı Kararı gereği Enstitüye tahsis edilen ve 190 sayılı Kanun Hükmünde Kararnameye ekli (III) sayılı cetvelin Türk Patent Enstitüsü Başkanlığı bölümünde yer alan kadrolara, bu Kanuna ekli (1) sayılı listede yer alan kadrolar ihdas edilerek eklenmiş ve ekli (2) sayılı listede yer alan kadrolar iptal edilmiştir.
Kadroların tespit, ihdas, kullanımı ve iptali ile kadrolara ilişkin diğer hususlar 190 sayılı Genel Kadro ve Usulü Hakkında Kanun Hükmünde Kararname hükümlerine göre düzenlenir.
DÖRDÜNCÜ KISIM
Diğer Hükümler
Uygulanmayacak hükümler
ARTICLE 28. - The provisions of the General Accounting Law No. 1050 dated May 26, 1927, shall not apply to the work and transactions foreseen to be carried out by the Institute established by this Law. The assets of the Institute are considered state property.
Regulations
ARTICLE 29. - The regulations foreseen to be prepared by this Law and the arrangements regarding the organizational structure of the Institute shall be prepared within three months following the first meeting of the Board of Directors.
Persons Authorized to Act on Behalf of the Institute
ARTICLE 30. - The persons authorized to act on behalf of applicants before the Institute are the natural or legal persons whose qualifications are specified below.
Natural persons acting as representatives must possess the following qualifications:
a) Being a Turkish citizen.
b) Having legal capacity.
c) Residing in Turkey.
d) Not having been convicted of a dishonorable crime.
e) Having completed at least four years of higher education.
f- Passing the Attorney Qualification Examination conducted by the Institute in accordance with the principles specified in the regulations.
g- Having Professional Liability Insurance in the amount determined by the Institute's Board of Directors.
Attorneys who are legal entities must be represented by natural persons possessing the qualifications of an attorney.
The Attorney Qualification Examination is held separately every two years for patent attorneys and trademark attorneys. Passing both exams is mandatory to practice both patent and trademark attorneyship.
Patent attorneys and trademark attorneys are registered in separate registers maintained by the Institute.
Attorneys represent and advise relevant parties before the Institute on matters related to this Law and other industrial property rights, and take necessary initiatives and carry out procedures before the Institute for the protection of industrial property rights.
Attorneys are responsible for establishing and protecting the rights of relevant parties before the Institute, and for securing, establishing, and maintaining all kinds of relations with the administration in this regard.
The provisions of the Code of Obligations regarding agency shall apply to agents.
Article 31 - The five-year period stipulated in Article 14 of the Decree Law No. 556 on the Protection of Trademarks has been reduced to three years for matters subject to the Press Law No. 5680 dated July 15, 1950.
Those who publish periodicals pursuant to Law No. 5680 on the effective date of this Law cannot be prevented from publishing periodicals pursuant to the provisions of Decree Law No. 556 on the Protection of Trademarks.
ARTICLE 32. - In the supplementary salary scale table numbered (I) annexed to the Civil Servants Law No. 657, the phrase "President of the Turkish Patent Institute" is added after the phrase "President of the Insurance Supervisory Board" in part (d) of the "I-General Administrative Services Class" section; the phrases "Trademark Expert" and "Patent Expert" are added to the end of part (h); and in the supplementary salary scale table numbered (II), the phrase "Deputy President of the Turkish Patent Institute" is added after the phrase "Deputy President of the State Personnel Presidency" in the "2-Judicial Institutions, Affiliated and Related Institutions and Higher Education Institutions" section.
ARTICLE 33. - The Civil Servants Law No. 657;
a) In the amended paragraph (11) of subparagraph (A) of the "Common Provisions" section of Article 36, the phrases "Trademark Expert Assistants", "Patent Expert Assistants" and "Trademark Experts" and "Patent Experts" are added after the phrase "Consumer and Competition Expert Assistants", and after the phrase "Consumer and Competition Expertise", the phrases "Trademark Experts" and "Patent Experts" are added
to subparagraph (i) of subparagraph "A-Special Service Compensation" of the "II-Compensation" section of Article 152. TEMPORARY ARTICLE 1. - Personnel whose cadre and job titles have changed or been abolished according to this Law shall be appointed to vacant positions suitable to their situation within one year at the latest. Until the appointment process is completed, they may be assigned to tasks needed by the Institution. Until they are assigned to a new position, they will continue to receive their monthly salary, additional allowance, and all kinds of bonuses and compensations, as well as other financial rights, belonging to their former positions. If the net total of the monthly salary, additional allowance, all kinds of bonuses and compensations, and other financial rights of the personnel in question, in their new positions is less than the net total of the monthly salary, additional allowance, all kinds of bonuses and compensations, and other financial rights they received in their last month in their former positions, the difference will be paid as compensation without any deduction for as long as they remain in their assigned positions until the difference is eliminated. TEMPORARY ARTICLE 2. – The terms of office of those appointed as the Institute President, Vice President, and Board Member before the effective date of this Law shall end on the effective date of this Law. ENTRY INTO FORCE ARTICLE 34. – This Law shall enter into force on the date of its publication. IMPLEMENTATION ARTICLE 35. – The Council of Ministers shall implement the provisions of this Law. 18/11/2003