Hanna Stakheyeva Ph D Boazii University International Trade

Hanna Stakheyeva, Ph. D. Boğaziçi University, International Trade Department New IP Law in Turkey and Its Impact on IP Policy of Boğaziçi University

New IP Law in Turkey • Law No 6769 on the Protection of Industrial Property Rights • Entered into force on January 10, 2017 • Replaced separate Decrees: designs, GI, trademarks, patents • Does not cover copyright • IP ownership right policy change (!)

New IP Law in Turkey: Designs • Broadened scope of protection by removing “industrial” emphasis (used to be “industrial designs”). • Novelty examination is required for the registration of designs. • Registration process for designs has been shortened from six months to three months. • Introduction of unregistered design protection of three years from the date on which it has been first made available to the public within Turkish territory.

New IP Law in Turkey: GI • Applicants are entitled to object to the rejection of their application by the Turkish Patent Office within two months following the notification date of the decision. • Registration process has been shortened from six months to three months, and eased with the decrease in the number of the requirements.

New IP Law in Turkey: Trademark • Trademark definition has been broadened to numerals, colors and sounds (eliminating the former graphical representation requirement). • Trademark that has not been genuinely used or ceased to be used for successive five years with respect to goods and services that it is registered for, will be cancelled. • Criminal liability for trademark infringements (imprisonments up to 3 years).

New IP Law in Turkey: Patent • Post-Grant Opposition System: third parties can now oppose a patent within six months of publishing the decision stating that the patent is granted (to TPO) • No more short-term Non-examined patent protection of 7 y. Now an invention may only be registered as a patent if it (i) is new, (ii) involves an inventive step, and (iii) has an industrial application. • Additional grounds for compulsory license of patents: (i) Export of pharmaceutical products in case of public health in other countries, in line with the TRIPS Agreement; (ii) Plant breeders which cannot develop a new breed without infringing a patent; (iii) Patent owners which behave in a manner to restrict, prevent or damage market competition.

New IP Law in Turkey: IP Ownership Right • All patents/designs invented/ made by scientific staff (including regular students) while at work will belong to the university. • Scientific staff is entitled to claim at least one third of the income deriving from such patent commercialization.

BU International Property Committee • Boğaziçi University Erasmus Student Mobility Training Agreement , • IP Agreement And Assignment at Bogaziçi University (General Agreement), and • IP Agreement And Assignment Researchers On Sabbatical Leave At Boğaziçi University

BU IP policy: main novelty Discovery or invention that is the product of the BU Research • (patent and other IP rights arising under Turkish laws, • as well as copyright where the work is supported by direct allocation of funds through BU for the pursuit of specific project of commissioned by BU, or makes significant use of BU resources/personnel), • generated by the Trainee/Researcher and/or the Supervisor as a result of undertaking the research activity/training administered by the BU, shall belong to BU (solely or together with other party(s( involved as per existing contractual arrangements between BU and third party(s). The Trainee/Researcher shall be entitled to claim at least one third of the income deriving from any patent commercialization of the product of the research. Specific arrangements on tis shall be agreed upon in a separate agreement prior to patenting/commercialization of the product of the university research.

Questions? Comments? hanna. stakheyeva@boun. edu. tr