WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TUR/G/2
17 July 2000
(00-2919)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
TURKEY
The present document reproduces the text1 of the Implementing Regulations under Decree-
Law Nº 555 pertaining to the Protection of Geographical Signs, as notified by Turkey under
Article 63.2 of the Agreement (see document IP/N/1/TUR/2).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TURQUIE
Le présent document contient le texte
1 du Règlement d'application du Décret-loi n° 555 relatif
à la protection des signes géographiques, notifié par la Turquie au titre de l'article 63:2 de l'Accord
(voir le document IP/N/1/TUR/2).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
TURQUÍA
En el presente documento se reproduce el texto1 del Reglamento de aplicación contenido en el
Decreto Ley Nº 555 sobre protección de indicaciones geográficas, que Turquía notificó de
conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase eldocumento IP/N/1/TUR/2).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/TUR/G/2
Page 2
THE IMPLEMENTING REGULATIONS
UNDER THE DECREE-LAW NO 555 PERTAINING TO
 THE PROTECTION OF GEOGRAPHICAL SIGNS
PART ONE
General Provisions
SECTION ONE
Object, Scope, Foundation and Definitions
Object
Article 1 - The object of this Regulation is to specify the procedures and the rules to
be followed concerning the preparation of the application documents for registering a
geographical sign, and other ma tters related with geographical  signs as provisioned in The
Decree-Law No 555 Pertaining to the Protection of  Geographical Signs.
This Regulation encompasses the principles, the rules and the conditions for the
protection of geographical signs by the regist ration of the appropriate geographical signs.
Legal Foundation
Article 2 - This regulation has been prepared based on the provisions of The Decree-
Law No 556 Pertaining to the Pr otection of Geographical Signs.
Definitions
Article 3 - For the purposes of this Regulation following shall mean;
Geographical Sign          : Signs indicating the origin of a product which
possesses a specific quality, reputation or othercharacteristics attributable to that place, area, region orcountry of origin.
Designation of origin      : The name of a place, an area or a region of a productoriginating from that particular place, area, region orin exceptional cases a country, of which thegeographical boundaries have been defined, and thatthe quality or characteristics of the product areessentially or exclusively due  to the inherent natural
and human factors of this place, area or region, andthat the production, proce ssing and preparation
activities of all of  which take place within the definedboundaries of this place, area or region.IP/N/1/TUR/G/2
Page 3
Geographical indication  : The name of a place, an area or a region of a product
originating from that particular place, area or region ofwhich the geographical boundaries have been defined,and that the product posse sses a specific quality,
reputation or other characteristics attributable to thisplace, area or region, and that at least one of theactivities of production, proce ssing or preparation of
which take place within the defined boundaries of thisplace, area or region.
Institute                          : Turkish Patent Institute
Circular                          : Circular on the schedule of fees to be administered bythe Turkish Patent Institute in accordance with Articles6/f and 25 of the Decree-Law no 544.
SECTION TWO
Application, Examination, Publication
Application
Article 4 - Natural or legal persons w ho are producers of the product, consumers
associations,  public instituti ons related with the product or  the geographical region may
apply for the registration of a geographical sign.
Conditions of Application
Article 5 - When applying for the registration of a geographical sign, a  petition,
conforming to the sample form attached to this Regulation as Annex-1, shall be prepared onan A4 size plain white paper using a typewriter or a computer printer, and all of the questions
shall be answered.
The application petition must include information identifying the applicant, and
information concerning the applicant's group as  specified in Article 4 of this Regulation.
Following documents must be filed with the application:a) 15 copies of the (8x8) representation of the designation of origin or the
geographical indication to be registered,
b) the name of the product with respect to the designation of origin or the geographical
indication to be registered,
c) the original receipt for the  payment of the application fee,IP/N/1/TUR/G/2
Page 4
d) the description of the product, technical  information and documents explaining the
physical, chemical, micro biological and similar characteristics of the product and if
necessary of the raw material,
e) production techniques of the product and if relevant the authentic and specific local
techniques and conditions,
f)  information and documents evidencing that the product conform to the respective
definition of the geographical sign,
g) the definition of the geographical area , information and the documents clearly
indicating the geographical boundaries,
h) information detailing the labeling, marking and the means of using the registered
designation of origin or geographical indication,
i) information detailing the inspection structure,j) the original receipt for the payment of publication fee.
Examination
Article 6 - The application shall be examined by the Institute as to the compliance
with Articles 3, 5, 7 and 8 of the Decree-Law no 555. The applicant shall be asked to remedy
the deficiencies, and if deemed  necessary shall be requested to supply additional information
and documents, and shall be a llowed three months to comply. If the deficiencies are not
remedied within this period the application shall be rejected by the Institute.
Institute may require that the applica tion be examined by one or more public
institutions or universities, or by independent private institutions to verify the technicalinformation. The applicant shall be informed of  the examination fees to be paid to these
institutions and the fees for the services of the Institute as prescribed in the Circular, andrequested to execute the payments within three months.  The application shall be consideredwithdrawn where these fees are not paid within the prescribed period.
Publication
Article 7 - The applications which comply with the provisions of Articles 3, 5, 7 and 8
of the Decree-Law no 555 shall be published in th e Official Gazette and in two of the highest
circulating national newspapers and in one local newspaper. Publication shall include the
following:
a) information on the identify of the applicant,
b) name of the product,c) the designation of origin  or geographical indication,
d) conditions relating to the use of the registered geographical sign.IP/N/1/TUR/G/2
Page 5
The publication fee shall be requested from  the applicant. A published application
shall be provisionally entered in the geographical signs register.
SECTION THREE
Opposition, Registrati on, Payment of Fees
Objections and Examination
Article 8 - Within six months of the publi cation of the application of a geographical
sign, anybody legitimately concerned may object to the registration by filing an objection atthe Institute as to the invalidity of the sign with respect to the Articles 3, 5, 7 and 8 of theDecree-Law No 555.  The opposition fee prescribed in  the Circular has to be paid before the
examination can start. After receiving the oppositi on if the Institute finds it necessary to have
the objection examined by one or more of the public institutions or universities orindependent private institutions which have the expertise in the related subject matter, theapplicant shall be informed of this decision and requested to pay within three months theexamination  fee and the fee for the Institute’s services as prescribed in the Circular.
Oppositions by Public Institutions are not subject to the opposition fee prescribed in
the Circular.
Registration and Reco rding in the Register
Article 9 - If no objection is filed within si x months of the publi cation at the Official
Gazette, the geographical sign or name shall become effective as of the publication date andshall be recorded in the geographical sign register.
The following particulars are entered in the geographical sign register:a) application date and number,
b) registration date and number,c) the identity and address of the holder of the right to the geographical sign,d) conditions relating to the use of the registered geographical sign.
Applications which have undergone changes with respect to form and content during
the examination process shall be re-publishe d within the framework of the provisions of
Article 9 of the Decree-Law no 555, and shall become effective as of the new publication
date. This status will be recorded in the geographical sign register.
Payment of Fees
Article 10 - The filing, registration and pub lication fees, the examination fees to be
paid to outside institutions, and fees due to the Institute shall be payable by the applicant orIP/N/1/TUR/G/2
Page 6
his agent. The applicant or his agent shall be notified by the Institute with regard to the dates
of payment of fees. Where the fees are not paid within the prescribed periods the applicationshall be considered withdrawn.
SECTION FOUR
Copy and Register
Copy
Article 11 - A copy of the Geographical Si gn Certificate shall be supplied upon the
request of the trademark proprietor or of the agent. Following documents have to be
submitted for obtaining a copy:
a) a petition,
b) the original receipt for the payment of the fee
Register
Article 12 - Upon request and payment of the prescribed fee a copy of the register
shall be available to the any requesting party.
PART TWO
SECTION TWO
Use of Geographical Names and Inspection
Use of the Registered Name
Article 13 - The geographical names registered in compliance with the conditions
specified in the Decree-Law no 555,  shall be used only on products they are registered for.
The provisions of Article 15 of the Decree-Law No 555 shall not extend to
geographical signs which have been continuously used in good faith for minimum period often years prior to 15 April 1994.
Provided that the sign has not been used to mislead the public, the use of the names of
the right holder and of the successor in title during business intercourse shall not beconsidered breach of Article 15. However, wher e the use of the name within the meaning of
the provision of Article 15 of Decree-Law No 555, is liable to mislead the public as to  the
actual geographical origin of the product, th e Institute shall request that the necessary
measures are taken to prevent the public from being mislead.IP/N/1/TUR/G/2
Page 7
Inspection
Article 14 - Any association, irrespective of  its legal form, of the producers or the
processors of the product which has registered  the related geographical sign within the
provisions of this Decree Having the Power of Law, shall possess sufficient qualified staff,
equipment and resources to inspect the producti on, marketing, medium of use of registered
designation of origin or geographical indica tion, labeling details of the product bearing the
protected geographical sign. Co-operation of th e related experts and independent bodies may
be enlisted.
The scope and the form of inspection proce dures shall be ruled by the Implementing
Regulation.
SECTION TWO
Invalidity of the Geographical Sign
Article 15 - Where a claim of invalidity has been made under Article 23 within the
provisions of Article 21 of the Decree-Law No 555, and upon which a geographical sign has
been declared invalid by the court, the decision of invalidity shall have effect against all thirdparties.  The Institute shall record the court decision in the register and make the decisionpublic by publishing.
SECTION THREE
Last Provisions
Transitional Article 1 -   The fees which have not been paid before coming into force
of this Regulation and of the Circular of Fees to be Administered by The Turkish PatentInstitute in accordance with the provisions of  Articles 6/f and 25 of the Decree-Law no 544,
shall be paid within two months of the Institute’s notice to the applicant. The applicationsshall be considered withdrawn if the fees are not paid within this period
Entry into Force
Article 16 - These Regulations shall enter into force on the day of publication.
Execution
Article 17 - These Regulations shall be executed by the President of the Turkish Patent
Institute.
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