Draft Intellectual Property Rights Code is now before the Grand National Assembly of Turkey

TBMM Commission of Industry, Commerce, Energy, Natural Resources, Information and Technology has assembled under the presidency of Ziya Altunyaldız to discuss Draft Intellectual Property Rights Law.

Stating that the negotiations for Draft Intellectual Property Rights Law coincides with World Intellectual Property Rights Day on April 26, Fikri Işık, Minister of Science, Industry, and Technology: "One of the most important headlines that determine the investment charm of a country is the Intellectual Property Rights system".

Indicating that the number of local patent applications in the first three months of this year has increased by 23 percent compared to the same period of the last year, Fikri Işık added: "We raised the number of international applications to 1009 in 2015 by 18 percent increase. The rate of increase in our country raises our hope for the future. However, we are far behind. We must maintain this rate of increase in order to close the gap and get ahead of others".

Fikri Işık informed the commission members on the draft

Stating that Turkey will have a stronger Intellectual Property Rights system when the draft is legalized, Işık noted: "With the regulations coming into effect, the legislation of Intellectual Property Rights will be gathered under one roof, the uncertainties about the decree law (KHK) will come to an end, and the consistence of Intellectual Property Rights legislation with international practices and the EU legislation will increase".

Explaining that a more qualified, fast, and functioning Intellectual Property Rights system regarding the Intellectual Property Rights application and registration process, Işık noted that they would provide more effective protection for patents with a legal protection approach instead of a penal one.

Işık emphasized that as a result of all these, Turkey might become more appealing and predictable for domestic and foreign investors. And, "We have put so much effort in the process of preparing this draft law. We have achieved common mind to the full extent in this legislation preparation. We have held long meetings and negotiations especially with the representatives of the business world, who directly relate to the matter" he added.

5 sectors that show an increase in patent applications

Işık said: "In classic economy, soil, capital, and labor are emphasized as the production factors. However, comments that add the entrepreneur factor to those three have aroused in time. Intellectual capital has gained more importance than tangible capital. For example; the market value, which a successful airline company has reached in years with 80 thousand employees, was achieved by Facebook with only 55 employees. The market value of Amazon leaves that of WallMart, a large retailing company with almost 12 thousand stores, behind".

Işık stated that 5 sectors, which have shown the greatest rise in patent applications in the last 20 years, were computer technologies, digital communication, electric machines, measuring devices, and medical technologies. And, "We, as Turkey, would like to offer new technologies, powerful brands, and unique designs to the world. We very well know that the way to create more added-value is through success in these fields. We increase our supports for R&D and design studies day by day. R&D Reform Package is a very important milestone in this respect. But while supporting R&D and design activities in Turkey, we should provide a better, more effective protection for the trademarks, patents, and designs that will result from these activities, and commercialize them faster at the same time" he added.

"The number of domestic patent applications has increased by 13 percent"

Stating that the number of domestic patent applications in Turkey in 2015 has increased to over 5.500 by 13 percent compared to the previous year, Işık added: "Today, even 1 or 2 percent rises are considered a huge success in many countries. That is why the rate of increase in our country raises our hope for the future".

And, "We have closed the gap we had between many countries in the last 14 years and we have left many others behind. In the meantime, we have increased the number of our patent applications 13 times; and the patent registrations 23 times. With over 40.000 design applications, Turkey ranked 2nd in Europe, and 4th in the world in the ranking of the countries with the most design applications in 2015. With the most trademark applications in Europe since 2011, Turkey maintained this success with 110.000 trademark applications," he added.

The innovations brought by the draft law

Işık provided information about the innovations brought by the draft law.

Mentioning the innovations regarding trademark, Işık noted: "It's been planned that the duration of trademark application notice will be reduced from 3 months to 2, the duration of registration notice will be reduced 1 month. The scope of trademark registration rights and their out-of-scope status, and the acts that might be prohibited by the trademark holder have been made compatible with the EU code and directive. The conditions regarding the use of trademark after the registration have been accommodated. It's been aimed at clearing the way for the cancellation of unused registered trademarks.".

Giving information on the regulations regarding geographical indications and traditional product names, Işık added: "We proposed to reduce the publication duration of geographical indication applications and remove the obligation to publish geographical signs in the newspaper."

Mentioning which innovations will be included in the scope of design, Işık noted: "We aim to reduce the registration period by reducing the publication duration of design applications in the bulletin from 6 months to 3 months. We aim to bring the opportunity for non-registered protection in sectors that have short design period and a constantly changing fashion, such as textile, clothing, and packaging. We extend the scope of multiple applications for designs. We suggest that the credit for the designs made by faculty members be given to the universities, but at least the half of the income obtained from the commercialization of the design be given to the designer."

Işık stated that they aimed to simplify and shorten the patent registration process, and implement the regulations that would reduce the patenting period from 17-42 months to 7-27 months, as part of the utility model.

After the member of the parliament had expressed their opinion, the draft law was forwarded to the subcommittee with the demand of the commission members and the support of Minister Işık.

Source: R.T. Ministry of Science, Industry and Technology