RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/227
24 November 2000
(00-5029)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Turkey to questions posed by
the European Communities and their member States, Japan, Switzerland
and the United States
By means of a communication from the Permanent Delegation of Turkey dated 21 November
2000, the Secretariat has received the following responses to questions posed by the European
Communities and their member States, Japan, Switzerland and the United States as circulated indocuments IP/C/W/219, IP/C/W/208, IP/C/W/ 207/Add.1 and IP/C/W/215 respectively.
_______________
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. G
ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes , please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
Turkey has not got special provisions concerning the measures to protect public health,
nutrition, and to promote the public interest in sectors of vital importance as mentioned in Article 8 of
the TRIPS Agreement.
B. COPYRIGHT AND RELATED RIGHTS
2. Please state when the Draft Law amending certain articles of  Intellectual Artistic Works Law
No.5846, will be brought into operation by the Turkish legislation (whose proposed amendments are
set out on pages 39 to 52 of document IP/N/TUR/C/1).
Obviously, certain amendments were carried out in some articles of Law on Intellectual and
Artistic Works No. 5846, through enactment of Law No. 4110 on 12 July 1995, in order for the
realization of our obligations indicated in Asso ciation Council Annex No. 8 No. 1/95 within the
framework of the Turkey-European Union Customs Union.
Subsequent to the enactment of Law No. 4110, Laws Related to Approval of Our
Participation into "Convention of Rome on Protection of Performing Artists, Phonogram Producers
and Broadcasting Companies" and "Charter of Paris Amending Berne Convention on Protection ofIP/C/W/227
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Literal and Artistic Works as Amended in 1979" became effective through being published in the
Official Gazette No. 22341 dated 12 July 1995.
Nevertheless, as a result of works in the technical level after the publication of Law No. 4110,
it was determined that some articles of Law No. 5846 are not in harmony with the contracts statedabove.
On the other hand, in spite of the amendments made within the law in 1995, serious
complaints have been received stating that Law on Intellectual and Artistic Works No. 5846 is
insufficient in protecting intellectual rights and meeting the demands in both the sectoral and
international level due to the reasons of non-dissu asiveness of the fees awarded against the breaches,
insufficiency of the customs measures taken for preventing the piracy, non-availability of therevocable protection with the applicable law, etc.
To this extent, a "Draft for Amendment of Certain Articles of Law on Intellectual and Artistic
Works (1/538)", prepared in order to carry out the necessary amendments within the urging provisions
due to the abovementioned national and international needs and foreseeing amendments withinArticle 44 of the applicable law, has been accepted in Turkish Grand National Assembly, Commission
for National Education, Culture, Youth and Sports with unanimity and is now within the agenda of
General Assembly of Turkish Grand National Assembly in order to be negotiated.  The draft is
ranking as the tenth among the laws to be negotiated.
"Draft for Amendment of Certain Articles of Law on Intellectual and Artistic Works" has
been negotiated in Turkish Grand National Assembly, Commission for National Education, Culture,
Youth and Sports, consisting of the representative s of opposition parties and parties in power and
approved with UNANIMITY and transferred to the General Assembly with the Report dated 10 April
2000, Merit No. 1/538 and Resolution No. 15 of the Commission. The Draft is expected to benegotiated in General Assembly within the following month.  The Draft shall be started to be enforced
subsequent to the enactment –its publication in Official Gazette.
3. Please explain Articles 1 and 2.3 of Law No.5846 in view of the phraseology of Article 9.2 of
the TRIPS Agreement.
Article 9.2 of the TRIPS Agreement bears the provision of "Protection of rights to think does
not comprise opinions, methods, operational methods or mathematical concepts, but theirexpressions".  A work is defined as "any kind of intellectual and artistic creation bearing the
characteristics of its author and which is considered scholarly, literary, musical, artistic or
cinematographic" in Article 1 of the Law No. 5846. With the expression of "any kind of intellectual
and artistic creation" protection of works (novels, pictures, musical compositions, films, etc.) created
materially as a result of expression of ideas is provided.  In this respect, Article 1 of the Law is inharmony with Article 9.2 of the TRIPS Agreement.  The concerned article laid down two conditions
for the determination of the qualification for a "work", one in merits and the other in form:
a) Condition Regarding the Merits; Bearing the characteristics of its author.  The
thought tried to be underlined here is that the idea shall have a characteristic of itsauthor, as stated in Article 9.2 of the TRIPS Agreement, no matter whether this
characteristic exists in form or in contents, the important point is existence of an
independent and creative study to be attributed more or less to its author.
b) Condition Regarding the Form; Belonging to one of the categories of work stated
within the Law.  It may be stated that some practical obligations generated from the
techniques of the law governed the approval of the condition regarding the form by
the Turkish Legislators.  In this respect, while the issues to be understood from theIP/C/W/227
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definition of "Intellectual and Artistic Works", and also the examples written in law
enlighten the judges in hesitation.
Article 4 of Law No. 5846 laid down the conditi on of "having an esthetical value" for the
works of art subject to protection while defining them in paragraph one.  "All kinds of pictures,patterns, architectural works, textile and fashion designs and graphic works" are also included within
the works stated within the concerned article.  Within paragraph 3, defining scholarly-literary works,
of Article 2 of the applicable law, however, "all kinds of plans, projects, sketches, pictures, all kinds
of architectural and city designs and projects, environmental and stage designs not having esthetical
value" are also included within this category.
In this way, protection of these studies having scientific nature generated as a result of
expression of ideas, are also provided in accordance with Article 9.2 of the TRIPS Agreement, in spite
of the fact that they do not have any esthetical value.  Furthermore, Article 2 of the applicable law is
in harmony with paragraph one of Article 2 of the Berne Convention.
4. Please explain the meaning of "bearing the characteristics of its owner" in Article 1 of Law
No.5846 and what is its basis in the TRIPS Agreement?
The thought tried to be underlined in the expression "bearing the characteristics of its author"
is that the characteristics within the expression style of the idea belongs to the author himself. Since
the expression styles of the ideas are individualistic, the work created bears the characteristics of its
author.  Due to this fact, it is emphasized that the concerned intellectual labour and characteristics areprotected by means of law.  Its support in the TRIPS Agreement is the meaning of the expression of
"Protection of rights to think comprises expression style thereof" stated in Article 9.2 of the TRIPS
Agreement.
5. Please explain the meaning of "that do not hav e rhetorical character" in Article 2.3 of Law
No.5846 what is its basis in the TRIPS Agreement?
Article 9.1 of the TRIPS Agreement, entitled "Relation to the Berne Convention" obligates
observance of the provisions of Articles 1-21 of the Berne Convention.    
Within the systematics of Law No. 5846, the works stated within Article 2 of Berne
Convention are defined in 5 groups.  These are scholarly-literary works, works of art,
cinematographic works and adaptations.
Some of the works indicated within the group of scholarly-literary works like plans, projects,
maps, sketches have technical and scholarly characteristics but they do not have an esthetical value as
the works of art.  For the works within this category, esthetical quality does not have any significance;
instead, the independent labour exhausted in order for teaching or explaining a certain scientific andtechnical matter through figuring it out is protected.  This protection provided is in accordance with
the issue of protection of expression styles of the ideas in Article 9.2 of the TRIPS Agreement.
6. Please explain why "ideas and principles in" are limited to such ideas and principles
"constituting a basis for any element of a computer program" in Article 2.3 of Law No.5846 and notto the broader concept of Article 9.2 of the TRIPS Agreement, namely to "expressions and not to
ideas, procedures, methods of operation or mathematical concepts as such"?
It has been stated in Article 9.2 of the TRIPS Agreement that expression styles of thoughts are
protected.  Protection is limited with works only. In this respect, the word "product" in Article 1 of the
applicable Law constitutes a parallelism with "expression styles" in Article 9.2 of the TRIPSAgreement.  Due to this fact, it has been admitted  that expression of thoughts and principles cannot beIP/C/W/227
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accepted as "works" within Article 2.3 of the applicable Law is thought to be in accordance with
Article 9.2 of the TRIPS Agreement.
7. Please explain Article 2.1 of Law No.5846 in view of Article 10.1 of the TRIPS Agreement.
Paragraph (1) of Article 2 of Law No. 5846 "the preparatory studies thereof with the proviso
of ensuring the formation of a program within the next phase" are also accepted as scholarly–literaryworks, as for the computer programs.
Source or application codes are components that constitute the basics of the computer
programs.  Computer programs are created through the combination of these.
In this respect, the source or application codes combined in order to create a computer
program, but still within the preparatory phase are also protected with the expression of "the
preparatory studies thereof with the proviso of ensuring the formation of a program within the next
phase" in the abovementioned paragraph (1).
The concerned paragraph is deemed to be the equivalent of the expression in Article 10.1 of
the TRIPS Agreement.
8. What is the reason for the proviso to Article 2.1 of Law No. 5846 "that these lead to a
program in the next stage" and what is its basis in the TRIPS Agreement?
Article 9.2 of the TRIPS Agreement bears the provision of "Protection of rights to think does
not comprise opinions, methods, operational methods or mathematical concepts, but their
expressions".
The expression of "with the proviso of ensuri ng the formation of a program within the next
phase" in paragraph (1) of Article 2 of Law No. 5846 foresees protection of these preparatory studies
with the proviso of emerging of these as expression of ideas.
This condition corresponds to Article 9.2 of the TRIPS Agreement.
9. Why do the first sentence of Article 40 and the final sentence of Article 43 of Law No.5846
extend beyond the limitations and exceptions provided for in Article 13 of the TRIPS Agreement which
restrict such limitations and exceptions to "certain special cases"?
In accordance with Article 13 of the TRIPS Agreement, "The members shall confine
limitations or exceptions to exclusive rights to certain special cases which do not conflict with a
normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right
holder".
The first sentence of Article 43 of Law No. 5846 bears a provision of exception not
contradictory to ordinary usage of the work.  Since the works of art that are continuously exhibited in
public places are presented to the public usage free of charge and in an unlimited manner through the
consent of the author, it is possible for the concerned works of art to be transmitted to public indifferent ways.  In this respect, this provision is  deemed not to exceed the limitations and exceptions
stated in the TRIPS Agreement.
The last sentence of Article 43 of Law No. 5846, however, has been extracted from the text of
the article with a Draft Law that will be negotiated in General Assembly of Turkish Grand National
Assembly, since it is deemed to exceed the limitations and exceptions stated in Article 13 of theIP/C/W/227
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TRIPS Agreement, and the concerned article has been amended as shown below, together with its
title.
Payments Relating to the Intellectual and Artistic Works Broadcast and/or Transmitted
Through Media such as Radio and Television:
Article 43.  Radio and television institutions have to obtain prior permission of the authors
relating to works performed on stage from which they shall make benefit for their broadcasts.
Radio and television institutions and satellite and cable broadcasting institutions and those
institutions broadcasting by utilizing from the technical means whether existing or to be
discovered in the future shall be obliged in respect of the intellectual and artistic works, other
than stage works used by them in their broadcasting to obtain permission by executing awritten collective agreement conforming to Article 52 with the authors and/or right owners
affiliated with authors or the professional associations which they are affiliated with and to
effect the payment for such usage to the aut hors and/or affiliated right owners or the
professional associations which they are affiliated with.
The procedures and principles applicable to such usage shall be laid down by a regulations to
be executed by the Ministry of Culture through obt aining the opinion of Supreme Board for Radio and
Television and the respective professional associations.
10. In terms of Article 9.1 of the TRIPS Agreement,  Members must comply with Articles 1 through
21 of the Berne Convention (1971) and the appendix thereto.  Please describe and explain the
provisions of your legislation that comply with each of these Articles in Law No. 5846 or any other
law in operation in Turkey.
Law No. 5846 Berne Convention
Articles 2, 3, 4 and 5 Article 2(1)
Article 6 Article 2(3)
Article 6 and 9 Article 2(5)
Articles 13, 19, 48, 49 and 63 Article 2(6)
Article 36 Article 2(7 and 8)
Article 32 Article 2 bis (1)
Article 7 Article 3(3)
Articles 14, 16 Article 6(1)
Article 26 Article 7(5)
Article 26 Article 7 bis
Article 21 Article 8
Article 22 Article 9
Articles 35 and 36 Article 10
Article 36 Article 10 bis
Article 24 Article 11
Article 25 Article 11 1st bis
Articles 6, 14, 21 and 25 Article 11 2nd bis
Articles 16 and 21 Article 12
Articles 6, 21, 22, 23 and 24 Article 14(1 and 2)
Articles 5 and 8 Article 14 bis
Article 45 Article 14 bis (2)IP/C/W/227
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Article 11 Article 15(1)
Article 12(1) Article 15(3)
Articles 68, 77, 79 Article 16
Article 81 Article 17
Draft Law Berne Convention
Article 12 Article 6 bis
Article 13 Article 9(1)
Article 14 Article 14
Article 15 Articles 11 and 11 bis
Article 18 Article 2(5)
Article 19 Article 2(7) and 2(8)
Article 35 Article 7 and 8
11. Where are provisions complying with the five paragraphs of Article 14 of the TRIPS
Agreement to be found in Law No.5846 or in any other law of Turkey?
- Article 80/5 of Law No. 5846 is in accordance with Article 14.2;
- Article 80/6 of Law No. 5846 is in accordance with Article 14.3;
- Article 80/6 of Law No. 5846 is in accordance with Article 14.5;- Article 80/7 of Law No. 5846 is in accordance with Article 14.5.
12. The documents listed below have been notified by Turkey under Articles 63.2 of the TRIPS
Agreement. Please explain, with reference to specific Articles of the TRIPS Agreement, in what way
each of the following documents purports to supp ort Turkey's compliance with the TRIPS Agreement.
(a) Law No. 3257 on cinema, video and musical works of art (document
IP/N/1/TUR/C/2);
Law on Cinematographic, Video and Musical Works No. 3257 that is still applicable,
comprises regulations regarding the commercial circulation of cinematographic and musical works.
These regulations constitutes a parallelism with the below-mentioned issues stated within the
preamble of the TRIPS Agreement:
- "Expedient standards and principles related to commercial scope, usage and
appropriateness of the proprietary rights over the intellectual products";
- the need for "rules and regulations related to a valid and expedient provision in order
for the enforcement of the proprietary rights over the intellectual products bearingcommercial characteristics, through taking into consideration the differences in
national legal systems";  and
- the principle of "accepting that the proprietary rights over the intellectual works are
special rights".
Furthermore, as stated before, Draft for Amendment of Certain Articles of Law on Intellectual
and Artistic Works has been prepared in order to carry out our obligations originating from
International Conventions.  The text approved by Turkish Grand National Assembly, Commission forIP/C/W/227
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National Education, Culture, Youth and Sports and all of the amendments planned to be carried out in
Law No. 5846 are also related to the Law on Cinematographic, Video and Musical Works.  In this
respect, there is a recommendation of the concerned commission for realization of the immediate
amendment of Law No. 3257 in accordance with these amendments.  Within the frame of this
recommendation, amendment studies concerning Law No. 3257 have been initiated.  As a result offinalization of these studies, Law No. 3257 shall be fully harmonized with the text of the TRIPS
Agreement.
(b) statute on the professional unions and federation of the authors and owners of the
neighbouring rights and regulations on neighbouring rights to authors of works
(document IP/N/1/TUR/C/3);
The abovementioned legislation has been prepared in accordance with Article 42 of Law
No. 5846, titled "Establishment of Professional Associations" and has a characteristic of supportingthe main principle of "the need for the effective and sufficient protection of the proprietary rights over
the intellectual products".
Since the concerned legislation shall be amended in parallel to the Draft to be negotiated in
General Assembly of Turkish Grand National Assembly and to the amendments carried out inArticles 42 and 80 of the applicable law, the studies related to this issue are being worked on.
(c) regulations on the marketing of intellectual and artistic work and amendments to the
regulations regarding the marketing of intellectual and artistic works (document
IP/N/1/TUR/C/4);
The concerned regulation became effective pursuant to amended Article 44 and amended
Article 81 of Law No. 5846.  It comprises precautions regarding prevention of transmission of
intellectual and artistic works without consent of authors or rights owners.
The regulation is oriented to meet "the need for the effective and sufficient protection of the
proprietary rights over the intellectual products" emphasized in the preamble of the text of the TRIPS
Agreement and comprises application of technical devices used for the struggle against piracy
mentioned in the "Green Paper" published by Council of Europe in this respect.
Furthermore, studies regarding rearrangement of  the Regulation in parallel to the amendments
planned to be carried out in the Draft and in amended Article 44 and amended Article 81 of the
applicable law.
(d) regulation on inspection of cinema, video and music works of art and regulation on
enterprise licences to be given to the film, video record and cassette administrators
(document IP/N/1/TUR/C/5).
The abovementioned regulations have been prepared in accordance with Law No. 3257.  The
provisions included within these regulations originated from:
- "Expedient standards and principles related to commercial scope, usage and
appropriateness of the proprietary rights over the intellectual products";
- the need for "rules and regulations related to a valid and expedient provision in order
for the enforcement of the proprietary rights over the intellectual products bearing
commercial characteristics, through taking into consideration the differences in
national legal systems";  and constituted a parallelism withIP/C/W/227
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- the principle of "accepting that the proprietary rights over the intellectual works are
special rights", stated within the preamble of the text of the TRIPS Agreement.
Subsequent to the amendments planned to be carried out in Law No. 3257, these regulations
shall be also be amended.
C. TRADEMARKS
13. Where is a provision, corresponding to Article 15.4 of the TRIPS Agreement, to be found in
Decree Law  No.556 on the protection of trademarks?
We do not have any provisions in line with Article 15.4 of the TRIPS Agreement.
14. Please clarify the meaning of Article 7(g) of Decree Law No.556 in view of Article 16.3 of
the TRIPS Agreement.
Please see the response following question 15.
15. Please clarify the meaning of  Article 7(i) of Decree Law No.556 in view of  the provisions of
Article 16.2 of the TRIPS Agreement.
Well-known trademarks are drawn up in the Decree Law by two provisions:
(i) Article 7 (absolute grounds for refusal) states:
"the following signs shall not be registered as a trademark:
a) signs which do not conform with the provisions of Article 5;b) trademarks identical or confusingly similar with a trademark registered earlier or with
an earlier filing date for registration in respect of an identical or same type of product
or services;
c) trademarks which consist exclusively of signs or indications which serve in trade to
indicate the kind, characteristics, quality, intended purpose, value, geographical
origin, or designate the time of production of the goods or of rendering of the service
or other characteristics of goods or services;
d) trademarks which consist exclusively of signs and names used to distinguish specific
groups of craftsmen, professionals or tradesmen or have become customary in thecurrent and established practices of the trade;
e) signs containing the shape of the product which results from the nature of the good,
which is necessary to obtain a technical result or which gives substantial value to the
good;
f) trademarks which are of such a nature as to deceive the public, such as to the nature,
quality, place of production or geographical origin of the goods and services;
g) trademarks which have not been authorized by the competent authorities and are to be
refused pursuant to Article 6 ter of the Paris Convention;IP/C/W/227
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h) trademarks containing badges, emblems or escutcheons other than those covered by
Article 6 ter of the Paris Convention which have not been authorized by the competent
authorities and are of particular historical and cultural public interest;
i) well known marks according to 6 bis of the Paris Convention, use of which are not
permitted by their owners;
j) trademarks which contain religious symbols;
k) trademarks which are contrary to public policy and to accepted principles of morality.The provisions of (b), (c) and (d) cannot be invoked to refuse the registration of a trademark
which has been used before the registration and has acquired through this usage distinctive
character in respect of the goods and services for which it is to be registered.
(ii) Furthermore Article 8 (relative grounds for refusal) clarifies that:
"upon opposition by the proprietor of an application for registration of a trademark or of a
registered trademark, the trademark applied for shall not be registered under following
conditions:
a) If the trademark applied for is identical with a registered trademark or a trademark
that has an earlier application date and the protection is sought for the identical goods and
services;
b) If because of its identity with or similarity to a trademark which has an earlier
application date or a registered trademark and because of the identity or similarity of thegoods and services covered by the trademarks there exists a likelihood of confusion on the
part of the public and the likelihood of confusio n includes the likelihood of association with
the registered trademark or with the trademark which has an earlier application date.
Upon opposition by the proprietor of a trademark, a trademark shall not be registered where an
agent or representative of the proprietor of the trademark has applied for registration thereof
his own name without the proprietor's consent and without a valid justification.
Upon opposition by the proprietor of a non-registered  trademark or of another sign used in the
course of trade, the trademark applied for shall not be registered provided that:
a) the rights to the sign were acquired prior to the date of filing for registration of the
trademark, or the date of priority claimed for the application for registration;
b) the sign confers on its proprietor the right to prohibit the use of a subsequent
trademark,
A trademark applied for which is identical or similar to a registered trademark or to a
trademark with an earlier filing date may be used for different goods and services.  However,
where in the case of a registered trademark or of a trademark which has an earlier filing date
for registration, the trademark has a reputation and where the use without due cause of
trademark applied for would take unfair advantage of, or be detrimental to the distinctive
character or repute of the registered trademark or of the trademark with an earlier application
date, upon opposition by the proprietor of the earlier trademark, the trademark applied for
shall not be registered even to be used for goods and services which are not similar to those
for which the earlier trademark is registered.IP/C/W/227
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Upon opposition by the holder of the relevant right, the trademark applied for shall not be
registered if it contains the name, photograph, copyright, or any industrial property rights of
the third parties.
Upon opposition, trademark applied for which is identical or similar to a collective or a
guarantee mark shall not be registered within three years from the date of expiry of the
collective or of the guarantee mark.
Trademark applied for which is identical or similar and which is to be registered for the
identical or similar goods and services of a trademark which has not been renewed, upon
opposition shall not be registered within two years of the expiry date."
16. Is the presumption required in terms of the second sentence of Article 16.1 of the TRIPS
Agreement inherent in Article 61(b) of Decree Law No. 556 ?
According to Article 9 of the Decree Law:
"the proprietor of a trademark shall be entitled to prevent all third parties not having his
consent from using the trademark as described herewith:
a) use of any sign which is identical with the registered trademark in relation to goods
and services which are identical with those for which the trademark is registered;
b) use of any sign where, because of its identity with or similarity to the registered
trademark and identity or similarity of the goods and services covered by the
registered trademark and sign, there exists a likelihood of confusion on the part of the
public including likelihood of association between the sign and the trademark;
c) use of any sign which is identical with or similar to the registered trademark in
relation to goods or services which are not similar to those for which the trademark is
registered, where the use of that sign without due cause takes unfair advantage of or
is detrimental to the distinctive character or the repute of the registered trademark.
The following may be prohibited under the first paragraph:a) affixing the design to the goods or to the packaging thereof;
b) offering the goods, putting them on the market or stocking them for these purposes
under that sign, or offering or supplying services thereunder;
c) importing or exporting the goods under that sign;
d) using the sign on business papers and in advertising.The rights conferred by a registered trademark shall prevail against third parties from the date
of publication of the registration of the trademark. Compensation may be claimed in respect
of matters arising after the date of publication of a trademark application.  However, the rights
arising from the publication of an application shall be considered within the rights conferred
by the publication of the registration of a trademark.  The Court may not decide upon the
merits of the case until the registration has been published."
Additionally, Article 61 of the Decree Law rules that:IP/C/W/227
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"the following shall be considered infringement of a trademark:
a) violations of Article 9;
b) use of the same or confusingly similar trademark without the consent of the proprietor
of the trademark;
c) where being aware or should be aware that a mark is plagiarized, to sell, to distribute
or put to commercial use or to import or to keep in possession for these purposes the
goods carrying the infringed trademark;
d) to transfer to third parties or to expand rights acquired by a licensing contract;
e) to participate or to assist or to encourage or to facilitate in whatever form the acts
referred in subparagraphs (a), (b) and (c);
f) to abstain from explaining where and how the product carrying the registered or
confusingly similar trademark was obtained when found in possession."
D. GEOGRAPHICAL INDICATIONS
17. Please clarify whether or not geographical indications, protected in a WTO Member, will be
protected by Article 56 of the Turkish Competit ion Code (1956) and/or by Articles 15 and 24 of
Turkish Decree Law No. 555.
Protection of a geographical indication under Decree Law No. 555 is only available for
registered geographical indications.  Geographical indications which are not registered in Turkey can
be protected under the Turkish Commercial Law especially by Article 56.
18. Please state if other legal means, for interested (and not registered) parties, preventing the
incorrect or inaccurate use of geographical indications, such as the ones prescribed by Article 22 of
the TRIPS Agreement, exist.
Such kind of protection of geographical indications against incorrect or inaccurate usage is
also available in Turkish legislation some of them are stated above:
a) Decree Law No. 556 Pertaining to the Protection of Trademarks Article 7(f)
"Trademarks which are of such a nature as to deceive the public, such as to the
nature, quality, place of production or geographical origin of the goods and services"
b) Decree Law No. 555 Pertaining to the Protection of   Geographical Indications:
- Article 5(c) "Names of plant varieties, animal breeds or similar names which
are likely to mislead the public as to the true origin of the product";
- Article 5 (e) "Names which are not protected or their period of protection
have expired or names and signs not allowed to be used by the countriesreferred in Article 2".
19. Please give examples, if any, of names that have been considered as the common name for a
product even where it relates to a geographical name pursuant to Article 5(b) of Turkish Decree Law
No. 555.IP/C/W/227
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We have not been faced with such a problem.
20. Please give examples, if any, of names that ar e considered as the generic name of the product
contained in a registered sign pursuant to Article 16 of Turkish Decree Law No. 555.
No Example.
21. Please clarify if the fact that a registered geographical sign, pursuant to Article 16, second
sentence, of Turkish Decree Law No. 555 may not be the generic name of the product together with
Article 16, first sentence and should be interpreted  as allowing registration of signs which are not
exclusively composed of a generic name.
Yes, it is also possible to register a sign which is not exclusively composed of a generic name.
22. Please give examples, if any, of  application  of registration in case of homonymous names
pursuant to Article 8, last paragraph, of Turkish Decree Law No. 555.
We have not had such an application.
23. Please state references of your law pursuant to Article 30 of Turkish Decree Law No. 555.
In the Turkish legal system, only the judicial bodies have jurisdiction over enforcement
actions.  As in the case of other industrial property legislation, the Decree Law on Geographical
Indications (Article 30) requires the establishment of specialized courts for all type of conflicts
including the challenges against administrative decisions of the Turkish Patent Institute.
Nevertheless, the Supreme Council for Judges and Prosecutors has assigned the competence, for the
time being, to the Commercial Courts in relation to ratione materiae  jurisdiction, without regarding
whether the claim is commercial or not. Concerning criminal actions, it is the General Criminal Court
which has jurisdiction over the act of infringement.
E. INDUSTRIAL DESIGNS
24. Please confirm that, according to Turkish law, Article 17 of Decree Law No. 554 extends the
exclusive rights of the owner of a design registration to prevent third parties from not only making,
selling or importing articles bearing or embodying the design as registered but also a design which is
"substantially a copy" thereof.
Under Decree Law No. 554, Article 17 is as follows: The holder of the design right has
exclusive rights with respect to the use of the design.  Third parties, without the consent of the design
right holder, cannot produce, put on the market, sell, offer, import, put to commercial use or keep in
stock for this purposes the product in which such a design is incorporated or to which it is applied.
According to Article 48, paragraph (a) without the consent of the design right holder, to
make, produce, put on the market, offer sell, put to use, import or keep in stock for these purposes the
identical or significantly similar design shall be considered as infringement of a design right asstipulated in Article 26.1 of the TRIPS Agreement.
F. P
ATENTS
25. Please clarify whether or not Article 73(c) of Decree Law No. 551 provides protection of
patents against third parties and offering others the use of a patented process only "where such use is
known or should be known to be prohibited".IP/C/W/227
Page 13
Article 73 (c) of Decree Law No. 551 provides protection of patents against third parties and
offering others the use of a patented process.  The phrase "where such use is known or should be
known to be prohibited" is used in the Article to limit the opportunity for the third party to argue that
he didn't know that this was a patented process.  A published patent and/or patent application is
supposed to be known by everybody.
26. In terms of Article 96 to 98 of Decree Law No. 551, a patentee or his licensee is obliged to
"work" a patented invention.  It is understood that the verb "work" means "exploit" in Turkey.  Please
clarify whether or not this would include importation.
In terms of Article 96 to 98 of Decree Law No. 551, a patentee or his licensee is obliged to
"work" a patented invention.  And to make defi nite whether the term "work" includes importation,
Article 73 of Decree Law No. 551 and Article 40 (as amended at December 6th of 1998) of the
Implementing Regulations under Decree-Law 551 will be a guide.
Article 73 says:  "The holder of a patent shall benefit from the right it confers without
differentiating between the place of the invention, its field of technology and whether the concerned
products are imported or of domestic production.  "Also it is clarified in Article 40 (as amended at
December 6th of 1998) of the Implementing Regulations under Decree Law No. 551.  This article
accepts that an importation certificate is evidence of "working" the patent.
27. Please explain the divergences of Article 99 to 120 of Decree Law No. 551 with Article 31 of
the TRIPS Agreement.
The following table shows the correspondence between the Articles of Turkish Decree Law
No. 551 and Article 31 of the TRIPS Agreement:
Paragraphs
of Article 31Articles of Turkish Decree Law No. 551
(a) 99, 100 [Also, Articles 109, 110 show that the court considers the individual merits of
the application]
(b) *104 (first paragraph), 108 (first paragraph), 103 (last paragraph). [Also, Article 109
shows that the patentee will always be informed]
(c) *110, also subject to the Draft Law on Integrated Circuits
(d) *114 (first paragraph)
(e) 117 (first paragraph)
(f) 102
(g) 110 (second, third and fourth paragraphs), 118
(h) 114 (last paragraph), 110 (third paragraph)
(i) *118, 110 (last paragraph)
(j) *110, 118, 108
(k) 93
(l) *99 (second paragraph), 101
l/(i) 101 (first paragraph)
l/(ii) 101 (second paragraph)
l/(iii) 117 (first paragraph)
* Explanations for the table
Although it is not specifically indicated in the Turkish Decree Law No. 551 that the proposedIP/C/W/227
Page 14
user has to make efforts to obtain authorization from  the right holder prior to such use, as provided in
Article 31(b) of the TRIPS Agreement, this provision is implicitly covered by Article 104 which
explains mediation. In addition to this, according to general procedural rules, the proposed user is
required to make efforts to obtain a voluntary licence from the right holder before such use.
In accordance with general principles of law, and the principles of bona fide  behaviour, the
provision of Article 31(c) of the TRIPS Agreement that the scope and duration of such use shall be
limited to the authorized purpose is reflected implicitly in the third paragraph of Article 110 of
Turkish Decree Law No. 551:  "The scope, the fee, the term of the license, the guarantee produced by
the licensee, the date when the use is to commence and the measures for an effective and serious use
of the patent".
The first sentence of Article 114 of Turkish Decree Law No. 551 fully complies with
Article 31(d) of the TRIPS Agreement which provides that such use shall be non-exclusive.Exceptions to this provision may only be on grounds of public interest as stated in the following
sentences of Article 114:
"Only, the compulsory license on grounds of public interest according to Article 103, may be
granted as an exclusive license.  However, exclusivity shall not be contradictory to the
purpose of the compulsory license and must be necessary for economically valuing theinvention under patent protection".
As regards judicial review as required by Articles 31(i) and (j) of the TRIPS Agreement,
general second instance (appeal) courts are authorized in Turkey.
The references to "dependent patents" in Article 101 of Turkish Decree Law No. 551
correspond to references in the TRIPS Agreement to "first patent" and "second patent".
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
28. Please state when the Draft Law on the Protection of Layout-design of Integrated Circuits
will be brought into operation in  Turkey (document IP/N/1/TUR/L/1).
The draft law on the protection of the topographies of integrated circuits are aimed to put into
force as soon possible after having comments of the European Commission in Brussels.  We sent it to
the EC in Brussels in May of 2000, and we are still waiting for their comments.
H. PROTECTION OF UNDISCLOSED INFORMATION
29. Please advise what provisions exist in Turkish law which meet the requirements of Article 39
of the TRIPS Agreement relating to the protection of undisclosed information.
Protection of undisclosed information is pr ovided by four pieces of legislation:
1- Turkish Commercial Code;
2- Regulation on Pharmaceutical Products;
3- Civil Servants Act;  and
4- Patent Decree.
1- Protection under the Commercial Code is provided through unfair competition
provisions. Article 57/7-8 Describes the acts incompatible with good faith and the acts which
constitute unfair competition.  Among those:IP/C/W/227
Page 15
- Inducing the employees, agents or other assistants and getting them to
divulge or obtain the trading and manufacturing secrets of their employer or
of his agents,
- Taking an illicit advantage from trading or manufacturing secrets obtained or
learnt incompatible with good faith or divulging them to others are the actsconstitute unfair competition.
Articles 58-63 provide civil remedies such as prevention of the infringement, compensation
for damages for those unfair competition related to inter alia undisclosed information.  Additionally
Article 64 stipulates criminal sanctions within the form of imprisonment and/or fine against unfair
competition related to undisclosed information.
2- Article 36 of the Regulation on Pharmaceutical Products brings responsibility on
Ministry of Health not to divulge the information disclosed by the applicant during the application ofmarketing permission.
3- Additionally Civil Servants Act Article 31 brings responsibility on civil servants
employed in the Ministries and in the public institutions not to divulge secret business information
related to their service.
Infringing acts against those last two legislation brings responsibility of the public
administration in accordance with Article 125 of the Constitution. (Article stipulates that recourse to
judicial review shall be available against all actions and transactions of public administrations. )
Through those judicial review the public administ ration may be obliged to pay compensation in the
Administrative Court to the persons whose secret in formation divulged by the civil servants in the
administration.
4- Article 83/3 of Patent Decree states that information and test results should be kept
confidential by the authorities (Turkish Patent Institute) when they are issuing licenses for
manufacture
I. C
ONTROL OF ANTI-COMPETITIVE PRACTICES IN CONTRACTUAL LICENCES
30. Apart from the provisions of Article 93 of Decree Law No 551 on the protection of patent
rights, please advise what provisions exist in Turkish law along the lines of Article 40.2 of the TRIPS
Agreement.
Apart from Article 93 of Patent Decree No. 551, the provisions on anti-competitive practices
in contractual licences are provided in the Act on the Protection of Competition No. 4054 which has
rules along the lines of Article 40.2 of the TRIPS Agreement.
The Act prohibits agreements, decisions and concerted practices in restraint of competition,
and abuse of dominant position.  The Competition Board has given competence to issue blockexemption circulars on restraint of competition.  The Board is in the preparation of issuing a circular
on technology transfer.  The Board has not yet decision on intellectual property contract clauses.IP/C/W/227
Page 16
J. ENFORCEMENT
31. Please provide a copy of Turkish Law No. 4128 to which reference is made on pages 15 and
16 of document IP/N/1/TUR/2 and please explain what  provisions exist in Turkish law relating to the
enforcement of intellectual property rights as set out, not only in Article 41 of the TRIPS Agreement,
but also in Articles 42 to 62 with particular reference to:
(a) copyright and related rights apart from  part Five of Law No. 5846 (document
IP/N/1/TUR/C/1);
(b) trademarks apart from part VIII of Decr ee Law No. 556 (docum ent IP/N/1/TUR/T/1);
(c) geographical indications;
(d) industrial designs apart from part VI of Decree Law No. 554 (document
IP/N/1/TUR/D/1);
(e) patents apart from part X, sections II to IV, of Decree Law No. 551
(documentIP/N/1/TUR/P/1);
(f) layout-designs (topographies) of integrated circuits apart from Articles 27 to 33, 35
to 37, 41 and 42 of the Draft Law on the Protection of Layout-Designs of Integrated
Circuits (document IP/N/1/TUR/L/1);
(g) protection of undisclosed Information;  and
(h) control of anti-competitive practices in contractual licences.
Turkish Law No. 4128 has been introduced the criminal sanctions on Patent, Trademark,
Geographical Indications and Designs Decrees.  All those Decrees have been prepared as a
consolidated text including Turkish Law No. 4128.
Apart from the provisions mentioned in a, b, c, d, e and f above, and also on the matters of "g"
and "h" the related provisions on enforcement which are in harmony with Articles 41 to 62 of the
TRIPS Agreement1 may be found in:
- The Act of Civil Procedure,
- The Act of Criminal Procedure,
- Turkish Criminal Code,- Turkish Commercial Code,
- The Contract Law,
- The Civil Servants Act,
- The Regulation on Pharmaceutical Products,
- The Customs Code,
- The Customs Regulation,
- The Act on the Protection of Competition.
                                                     
1 They are all mentioned in IP/N/1/TUR/2 and explained in Turkey's responses to the Checklist of
Issues on Enforcement (IP/N/6/TUR/1).IP/C/W/227
Page 17
The following paragraphs respond to the questions by taking into consideration the relevant
Articles of the TRIPS Agreement:
aa) Article 41 of the TRIPS Agreement
Remedies described in industrial property legislation is deterrent (1-4 years imprisonment and
300 million TL to 1 billion TL and closing down the business premises and prevention of commercial
activities at least for one year).  The Amending Draft Law of Intellectual and Artistic Works Act
follows the same path, and rise of sanctions is in the agenda of Parliament the (Article 41.1 of the
TRIPS Agreement).
In relation to Article 41.2 of the TRIPS Agreement, the Turkish Constitution stipulates in
Article 141 that "Cases should be dealt with least possible cost and should last expeditiously."   The
duration for a final decision in criminal cases is between 272-496 days in criminal cases and it is less
than one year for civil cases.
The petition charges, the hearing charges (which is taken in case of causing the suspension of
the hearing) and decision charge2 are not costly (Article 41.2 of the TRIPS Agreement).
Decision on the merit of the case is in writing and reasoned and it is based on the evidence in
respect of which parties were offered the opportunity to be heard in accordance with Article 382-393
of the Civil Procedural Law and also Article 141/3 of the Turkish Constitution (Article 41.3 of the
TRIPS Agreement).
The review procedure by a judicial authority of final administrative decisions is a
constitutional rule expressed as a principle in Article 125/1 ( Recourse to judicial review shall be
available against all actions and transactions of administration. ) of the Constitution, and found its
implementing provisions through Law on Administrative Procedure No. 2577, Law on Council ofState No. 2575 and the Law on the Establishment of Provincial Administrative Courts, Administrative
Courts and Tax Courts.
Furthermore all the initial judicial decisions of the courts are subject to review from the point
of law and point of fact in accordance with Articles 427-444 of the Act of Civil Procedure and also in
accordance with Articles 305-326 of the Act of Criminal Procedure (Article 41.4 of the TRIPSAgreement).
bb) Article 42 of the TRIPS Agreement
To start an action for a civil case the plaintiff must file a " petition of the case
(Articles 178-186 of the Act on Civil Procedure)".  This petition must include:
- Statement of facts;
- A summary of the legal basis of the action;
- A statement of claims (what remedy he seeks); and- An indication of the time allowed the defendant to answer (this must be at least 10
days),
                                                     
2 For the actual amounts see Turkey's answer to question 25 of the Checklist of Issues on Enforcement,
(document IP/N/6/TUR/1).IP/C/W/227
Page 18
After sending this petition to defendant through court's clerk, the defendant should submit a
petition of reply in the prescribed time in the same channel (Article 195-202 of the Act on Civil
Procedure).
Following the exchange of petitions, trial judge calls the parties and listens to them, and
decides about the evidence, and if there is a need  for further evidence for the proof asks for this
(Articles 213-221 of the Act on Civil Procedure).
In accordance with Article 59 of the Act on Civil Procedure " Each person who has the
"capacity to act" may bring an action and follow the suit either by himself directly or by a
representative" . According to Article 219 of the same Act the judge (either ex-officio  or in accordance
with the claim of a party) may invite the parties to  the hearing to express their view orally about the
evidence. Otherwise parties always are informed through the court about each others ′ evidence, and
are given the chance to express their view in a written form.  If they want to  be heard orally then the
abovementioned procedure (Article 219) applies.  Therefore there is no overly burdensome
requirement concerning mandatory personal appearance.
For the protection of confidential information during court procedure see Turkey's answer 4 of
the Checklist of Issues on Enforcement.3
cc) Article 43 of the TRIPS Agreement
There is no general rule in the Act of Civil Procedure except some special provisions to
produce evidence which lies within the control of opposite party.  One of those provisions is about the
documents as an evident within the control of opposite party.  In such a case, judge has the authority
to order delivery of the documents which has the effect to proof of the case (Article 330 of the said
Act).  If the party does not meet the said requirement without a good reason, the court may make
affirmative or negative determinations on the basis of the claimant ′s information concerning the
content of the document (Article 332 of the Act on Civil Procedure).
For the other evidence but documents, the party may claim the determination of the evidence
from the court competent on the merit of the case or  bring an action for determination of the evidence
from the civil peace courts (Articles 368-374 of the Act on Civil Procedure).
dd) Article 44 of the TRIPS Agreement
General principles of injunctions are introduced in the Articles 101-113 of the Act on Civil
Procedure.
Injunctions may be claimed before or during the proceedings on the merit of the case.
The purpose of the injunction is:
- cessation and prevention of the infringing acts,
- provisional seizure of the infringing goods.
                                                     
3 Document IP/N/6/TUR/1.IP/C/W/227
Page 19
ee) Article 45 of the TRIPS Agreement
The general principles of paying damages are stated in Article 41 of the Turkish Act of
Obligations.  Damages actions for compensation require the infringer having acted intentionally or
negligently.
Pursuant to Articles 413-426 of the Act on Civil Procedure, the party who lost the case must
pay the cost (Article 417) which includes attorney's fees (Article 423/5), unless the judge decides
otherwise.
ff) Article 46 of the TRIPS Agreement
Apart from the Articles 137, 49, 25, 62 of Patent, Design, Geographical Indications and
Trademarks Decrees respectively, and Article 79 of the Intellectual and Artistic Works Act on the
question of destruction and confiscation of the infringing goods and materials;  Article 36 of the
Turkish Criminal Code states the seizure and confiscation of infringing goods in case of convictionjudgements.
gg) Article 47 of the TRIPS Agreement
The specific provisions on the right of information started in Article 47 of the TRIPS
Agreement have been expressed only in i ndustrial property legislation of Turkey.4
hh) Article 48 of the TRIPS Agreement
In Article 110 of the Act on Civil Procedure the plaintiff who claims injunction should pay a
security to meet likely damage to defendant.  On the other hand a bad intentioned plaintiff to bring
action may be imposed an administrative fine by the court in accordance with Article 422 of the Act
on Civil Procedure.
Furthermore as a general principle of Turkish Constitution (Article 125), the State and public
authorities are liable any damage caused by defective functioning of their services (mal
administration).
In relation to judges and prosecutors, their responsibility is also possible provided they are
intentionally in breach of their official duties.
ii) Article 50 of the TRIPS Agreement
The provisional measures are also governed in Articles 101-113 of the Act on Civil Procedure
mentioned under title D above.
Pursuant to Article 105 of the Act on Civil Pro cedure, where there is an imminent situation
which requires the protection of the plaintiff's interest at once, the court may decide by a ruling
without making an oral hearing and without listening to the opposing party ( inaudita altera parte) .
Nevertheless this situation applies only to the claims on provisional measures.  Ex parte  rulings are
subject to objection.  However the objection shall not prevent execution unless otherwise decided bythe court (Article 107 of the Act on Civil Procedure).
Concerning parts (g) and (h) of question 31, please see the answers to questions 29 and 30.
                                                     
4 See Turkey's answer to question 3 of the Checklist of Issues on Enforcement (document
IP/N/6/TUR/1).IP/C/W/227
Page 20
Moreover, the Customs Law contains the following Articles related to Articles 51-60 of the
TRIPS Agreement:
Article 51 of the TRIPS Agreement - Suspension of Release by Customs Authorities
Article 57 of Customs Law No. 4458 provides a procedure to enable the right holder or his
representative to lodge an application for the suspen sion by customs authorities of the release into free
circulation of counterfeit trademark or pirated copyright goods in accordance with Article 51 of the
Agreement.
Article 52 of the TRIPS Agreement
The implementing rules of the procedure provided by Article 57 of the Law are set out by
Regulation laying down the implementing provisions of Customs Law No. 4458. The Regulation
regulates, inter alia , the form of application in Article 178 in compliance with Article 52 of the
Agreement.
Article 53 of the TRIPS Agreement
According to Article 178 of the said Regulation, right holder or his representative shall
deposit to customs cashier the amount corresponding to the administrative costs and fees for analysis,
expertise and overtime work arisen regarding the application. Customs authorities may also requestfrom the applicant a guarantee corresponding to the CIF value of the goods in order to secure the
rights of the importer or public where they deem appropriate for the case.
Article 54 of the TRIPS Agreement
Following consideration on the application, customs administration shall take a justified
decision, on both suspension or rejection, and shall notify it to the importer or the right holder or his
representative within the following working day.
Article 55 of the TRIPS Agreement
Articles 180 and 181 provide the term following the notification of the suspensive decision
taken by customs authorities to the right holder.  If customs authorities have not been informed,within the term of ten days as specified under this Article, that legal proceedings leading to a decision
on the merits of the case have been initiated, or that the duly empowered authority has taken
precautionary measures, the customs procedure shall be carried out in accordance with the request of
the declarant and the suspension shall be abolished.
Article 57 of the TRIPS Agreement
According to Article 180 of the Regulation, the customs authorities shall, upon request, entitle
the right holder or his representative to examine the goods in question or to take sample thereof
following the notification of the suspensive decision.  They shall, upon request, give the right holder
such information as the owner's and consignee's name  or trade name and address, saving confidential
information or commercial secrets or information involving in any infringement to the rights on
commercial or industrial designs.IP/C/W/227
Page 21
Article 58 of the TRIPS Agreement
Customs authorities may at any time seek from the right holder any information that may
assist them to exercise their powers according to general provisions.5  (Article 58(a) of the TRIPS
Agreement).
Article 57 of the Law provides customs authorities the power to carry out suspension
procedure, where solid evidence is available, by their own initiative where goods in question complies
with the description of the counterfeit trademark or  pirated copyright goods.  According to Article 180
of the Regulation, the customs authorities shall fulfil the same formalities, with those applied to goods
suspended upon application, for the goods suspended by their own initiative.  (Article 58(b) of the
TRIPS Agreement).
According to Article 179 of the Regulation, where the goods in question have been released
for free circulation before the application, concerning an alleged infringement of intellectual or
industrial property rights, is accepted, this acceptance by customs administrations shall not give right
to the right holder to claim indemnities on the grounds that the goods in question have been released
without proper examinations being performed. In the case the suspension of the customs procedure bycustoms administration within the framework of combat against counterfeit trademark or pirated
goods proves to be useful or harmful to the persons concerned, the authorities of the customs
administration shall not be liable against these persons.  (Article 58(c) of the TRIPS Agreement).
Article 59 of the TRIPS Agreement
Remedies against piracy and counterfeiting of trademarks provided by customs legislation are
already recapitulated under the response by Turkey to question 6 posed by Switzerland.
Article 60 of the TRIPS Agreement
Article 57(6) of Customs Law provides that the Article shall not cover the personal goods and
gifts brought by passengers and postal consignm ents of non-commercial nature. In addition, these
provisions shall not apply to the goods which are, without the consent of the right holder, brought in
the customs territory of Turkey and released into free circulation or re-exported or imported with a
conditional relief, or exported without the consent of the right holder even though they are permitted
to be produced in Turkey or to be produced or to bear a trademark within different conditions from
those allowed by the right holder.  (Article 176 of the Regulation, please see Turkey's response toquestion 15 in the Checklist of Issues on Enforcement, document IP/N/6/TUR/1).
                                                     
5 Article 11 of the Customs Law No.4458 - Only for the purposes of applying customs legislation, any
person directly or indirectly involved in the custom s operations concerned shall provide the Undersecretariat of
Customs or the customs administrations with all the requisite documents, information and assistance at their
request and by any time-limit prescribedIP/C/W/227
Page 22
JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the national treatment and most-favoured-nation
treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in Articles 3 and 4
of the TRIPS Agreement.
In accordance with Article 88 of Law On Intellectual And Artistic Works No. 5846, these
provisions of law shall be applied to:
(1) All kinds of artistic works that are presented to public for the first time in Turkey,
those in Turkey but not yet presented to public and all letters and pictures in Turkey, withoutrecourse to the nationality of the author;
(2) Artistic works of people of Turkish nationality that are either not presented to public
within Turkey or those presented to public for the first time outside Turkey;
(3) All artistic works belonging to foreigners not yet presented to public or presented to
public for the first time outside Turkey; with the proviso of existence of due provisions within
an International Agreement to which Republic of Turkey is a party.
Exemptions within provisions of the first and third paragraphs of this article by Board of
Ministers may be resolved, provided that the country to which the author is a citizen protects the
rights of Turkish authors to a certain degree or that an International Ag reement permits exemptions
and limitations related to the issues depending upon the authors of foreign artistic works.
Second paragraph of Article 82 of the same law titled "The Scope and Terms of Neighbouring
Rights" governs the provision stating "Provisions of this law relating to neighbouring rights shall also
be applied to performing artists, producers and radio-television institutions protected in accordance
with provisions of international agreements to which Republic of Turkey is a party".
In this respect, first, second and third sentences of Article 88 of the applicable law and second
paragraph of Article 82 are in harmony with first paragraph, Article 3 titled "National Treatment" of
the TRIPS Agreement.
In this respect, the last paragraph of Article 88 of the applicable law is in accordance with
Article 4 titled "Most-Favoured-Nation Treatment" of the TRIPS Agreement.
B. P
ATENTS
2. Please explain how Article 73 of Decree Law No. 551 on the Protection of Patent Rights
complies with Article 28 of the TRIPS Agreement which provides that a patent shall confer exclusive
rights to prevent third parties from the acts of offering for sale a patented product or a product
obtained directly by a patented process.
In the Article 73 of Decree Law No. 551, the paragraph (a) states that, the patent prevents
third parties from the acts of selling the patented product.  Also Article 136 describes the acts,
constituting infringement of rights conferred by a patent: "selling" is considered as an infringement of
rights.  In both Articles, the act of "selling" or "sale" per se  includes the act of "offering for sale".  In
the last paragraph of this Article, namely paragraph (d), the act of "offering for sale" is prohibited to
the third parties in case of a products directly obtained by the patented procedure.  In the practice ofIP/C/W/227
Page 23
patent procedure, both the acts of "offering for sale" and "sale" of a patented product or products
directly obtained from a patented process are being handled in the same way according to the
provisions described in Article 73.  In the case of any revision of Decree Law No. 551, this article is
considered to be revised in a such way that, both paragraphs (a) and (d) include the terms "sale" and
"offering for sale" to prevent such confusions.
SWITZERLAND
A. PATENTS
1. Are all categories of products subject to patent protection under your law or are there any
exceptions. If so, please explain in detail what these exceptions are and how they apply.
Yes, all categories of products are subject to patent protection, as provided in Article 5 of
Turkish Decree Law No. 551, inventions which are novel, surpass the state of the art and are
applicable in industry, are patentable.  Non-patentable subject matter and inventions are explained in
Article 6 of Decree Law No. 551.
"The following, not being inventions as of their nature, shall remain outside the scope of this
present Decree Law:
a) Discoveries, scientific theories, mathematical methods;
b) Plans, methods, schemes/rules for performing mental acts, for conducting
business/trading activity, and for playing games;
c) Literary and artistic works, scientific works, creations having an esthetic
characteristic, computer programs;
d) Methods involving no technical aspect, for collecting, arranging, offering/presenting
and transmitting information/data;
e) Methods of diagnosis, therapy and surgery applying to human or animal body.The provision under the paragraph one, subparagraph (e) of this present Article, shall apply
neither to the products and compositions ( per se ) used in connection with these methods nor to their
process of manufacturing.
Patent shall not be granted for inventions in respect of following subject-matter:
(a) Inventions whose subject matter is contrary to the public order or to morality as is
generally accepted;
(b) Plant and animal varieties/species or processes for breeding/plant or animal
varieties/species, based mainly on biological grounds".
2. Does your law, in accordance with Article 27.1 in combination with Article 31 of the TRIPS
Agreement, recognize importati on as "working a patent" (and therefore preclude compulsory
licence)?
Yes, the Turkish Decree-Law recognizes importation as "working" a patent.  As provided in
Article 73:  "The holder of a patent shall benefit from the right it confers without differentiatingIP/C/W/227
Page 24
between the place of the invention, its field of technology and whether the concerned products are
imported or of domestic production...".
The obligation to use or work the patent is also provided for in Article 96, which is clarified
in Article 40 (amended at 6 December 1998) of The Implementing Regulations Under TheDecree-Law clarify the object; it accepts importation certificate as an evidence of "working" of the
patent.
3. Does your law make compulsory licences subject to the conditions enumerated in Article 31
of the TRIPS Agreement?  If exceptions are provided for, please describe in detail what these
exceptions are and how they apply in your law.
Yes.  The following table shows the correspondence between Articles of Turkish Decree
Law No. 551 with Article 31 of the TRIPS Agreement:
Paragraphs of
Article 31Articles of Turkish Decree Law No. 551
(a) 99, 100 (Also, Article 109, 110 show that the court considers the individual merits of
the application)
(b)* 104 (first paragraph), 108 (first paragraph), 103 (last paragraph) (Also, Article 109
shows that the patentee will always be informed)
(c)* 110, also subject to The Draft Law of Integrated Circuits
(d)* 114 (first paragraph)
(e) 117 (first paragraph)
(f) 102
(g) 110 (second, third and forth paragraph), 118
(h) 114 (last paragraph), 110 (third paragraph)
(i)* 118, 110 (last paragraph)
(j)* 110, 118, 108
(k) 93
(l)* 99 (second paragraph), 101
(l)/(i) 101 (first paragraph)
(l)/ (ii) 101 (second paragraph)
(l)/ (iii) 117 (first paragraph)
*Explanations of the Table
Although there is not a specifically indica ted act in the Turkish Decree Law No. 551 about
that the proposed user has made efforts to obtain authorization from the right holder prior such use,
as provided in Article 31(b) of the TRIPS Agreemen t, this provision is implicitly covered by the
Article 104 which explains mediation.  In addition to this, in according to general procedural rules,the proposed user is required make efforts to obtain a voluntary licence from the rights holder before
such use.
In accordance with general principles of law, and the principles of bona fide  behavior. The
provision of Article 31(c) of the TRIPS Agreement that "the scope and duration of such use shall belimited to the authorized purpose" is reflected implicitly in the third paragraph of Article 110 of
Turkish Decree Law No. 551:  "The scope, the fee, the term of the license, the guarantee produced by
the licensee, the date when the use is to commence and the measures for an effective and serious use
of the patent."IP/C/W/227
Page 25
First sentence of Article 114 of Turkish Decree Law No. 551 is fully complied with
Article 31(d) of the TRIPS Agreement which describes that such use shall be non-exclusive.  The
exception of this provision may only be on grounds of public interest as stated in the following
sentences of Article 114:  "Only, the compulsory license on grounds of public interest according toArticle 103, may be granted as an exclusive license.  However, exclusivity shall not be contradictory
to the purpose of compulsory license and must be necessary for economically valorizing the invention
under patent protection."
As regards judicial review as required by Article 31(i) and(j) of the TRIPS Agreement general
second instance (appeal) courts are authorized in Turkey.
The references to "dependent patents" stated in the Article 101 of Turkish Decree Law
No. 551 has the implicit meaning like the wording of the TRIPS Agreement ("first patent" and
"second patent").
4. Does your legislation provide for the principal of the reversal of burden of proof in a process
patent litigation?  Please name the relevant law and explain the relevant sections.
Yes.  The second and third paragraphs of Article 84 of Turkish Decree Law No. 551
completely complies with the provisions of Arti cle 34 of the TRIPS Agreement.  With regard to
Article 84, "...where a patent concerns a process fo r the manufacture of new products or substances,
unless proof to the contrary, any product or substance having the same properties shall be deemed tohave been obtained by using the patented process.  The burden of proof lies with the persons claiming
the contrary."
In addition to this, with regard to Article 84 of the Turkish Decree-Law, where a product, for
which there is a patent in respect of its manufacturing process, is imported into Turkey, the patenteeshall, in respect of the imported products benefit from the same rights as those recognized to him
under this present Decree-Law for the obtention/manufacture of said product in Turkey.
i) Where a patent concerns a process for the manufacture of new products or substances,
unless proof to the contrary, any product or substance having the same properties
shall be deemed to have been obtained by using the patented process.  The burden of
proof lies with the persons claiming the contrary.
In case of legal proceedings regarding such a claim to the contrary as provided under
paragraph two of this present Article, the legitimate interests of the defendant, in keeping undisclosed
his manufacturing and business/trade secrets, shall be taken into consideration.
B. P
ROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed and confidential test data
or other data submitted by an applicant to the responsible State agency in the procedure for market
authorization of a pharmaceutical or of an agricultural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a second
applicant from relying on, or from referring to the original data of the first applicant, when applying
subsequently for market authorization for his own product.  Does your legislation provide forexceptions to this?  If yes under what conditions would such exceptions apply?
Protection of undisclosed information is provided by four legislations:
1- Turkish Commercial CodeIP/C/W/227
Page 26
2- Regulation on Pharmaceutical Products
3- Civil Servants Act
4- Patent Decree
1- Protection under Commercial Code is provided through unfair competition
provisions. Article 57/7-8 Describes the acts incompatible with good faith and the acts which
constitute unfair competition.  Among those:
- Deducing the employees, agents or other assistants and getting them to divulge or
obtain the trading and manufacturing secret s of their employer or of his agents;
- Taking an illicit advantage from trading or manufacturing secrets obtained or learnt
incompatible with good faith or divulging them to others are the acts constitute unfaircompetition.
Articles 58-63 provide civil remedies such as prevention of the infringement, compensation
for damages for those unfair competition related to inter alia undisclosed information.  Additionally
Article 64 stipulates criminal sanctions within the form of imprisonment and/or fine against unfair
competition related to undisclosed information.
2- Article 36 of the Regulation on Pharmaceutical Products brings responsibility on
Ministry of Health not to divulge the information disclosed by the applicant during the application of
marketing permission.
3- Additionally Civil Servants Act Article 31 brings responsibility on civil servants
employed in the Ministries and in the public institutions not to divulge secret business information
related to their service.
Infringing acts against those last two legislation brings responsibility of the public
administration in accordance with Article 125 of the Constitution.  (This article stipulates that
recourse to judicial review shall be available against all actions and transactions of public
administrations. )  Through those judicial review the public administration may be obliged to pay
compensation in the Administrative Court to the persons whose secret information divulged by the
civil servants in the administration.
4- Article 83/3 of Patent Decree states that information and test results should be kept
confidential by the authorities (Turkish Patent Institute) when they are issuing licences formanufacture
C. E
NFORCEMENT
6. What remedies does your country foresee against piracy and counterfeiting of trademarks ?
Remedies against piracy6 and counterfeiting of trademarks may be described in two folds:
1- Remedies described in the Trademark Decree 556;  and
2- Remedy described in the Customs Law 4458  and its implementing
Regulation in relation to suspension of the release of pirated and
counterfeited goods.
                                                     
6 For the remedies against piracy of other intellectual property goods please see Answer 24 in "
Checklist Issues on Enforcement" in IP/N/6/TUR/1.IP/C/W/227
Page 27
1- Remedies described in the Trademark Decree 556, stipulates very high sanctions
including prison term between 2 and 4 years and a fine between 600 million and one billion Turkish
Lira in addition to closing down the business premises and prevention of commercial activities at least
for one year.
The Decree also stipulates the seizure, forfeiture and destruction of infringing goods and
materials, and implements for their production.
2- Remedies against piracy and counterfeiting of trademarks provided by customs
legislation (Customs Law No. 4458 and Implemen ting provisions of Customs Law No. 4458) are
recapitulated below.
In general, the goods of which customs procedures have been suspended may be destroyed, in
accordance with the decision of the duly empowered j udicial authority and the principles of disposal
procedure, or may be disposed of by being sold ensuring their essential characters altered.
(Article 57(5) of Customs Law No. 4458). Goods  found by the duly empowered court to be
counterfeit or pirated are subject, without prejudice to any explicit measure ordered, to destruction, or
release for their owner in altered state, or leaving to The Exchequer.  Below is the procedure:
(a) Where decided to destroy them, the goods shall be destroyed in accordance
with the disposal procedure and the cost s shall be borne by the owner of the
goods.
(b) Where decided to release the goods for their owner having altered their
characteristics, the characteristics of the goods shall be altered insofar as to
constitute a deterrent to turn it into unaltered state. It shall not be regarded as
sufficient for altering the characteristics of the goods to remove the
trademarks affixed on them.  The expenses for these formalities shall beborne by the owner of the goods.  Where subjecting the altered goods to a
customs procedure, Article 64 of the Customs Law, which rules invalidation
of a customs declaration in error and destruction of damaged goods, shall
apply as the case may be.  Requests for re-exporting the goods in their
unaltered state shall be rejected, as set out in Article 59 of the Agreement.
Where decided to leave the counterfeit or pirated goods to The Exchequer, the goods shall be
altered in accordance with the paragraph (b) prior to applying the provisions of the disposal
procedure.IP/C/W/227
Page 28
UNITED STATES
A. GENERAL
1. With respect to each form of intellectual property covered by Part II of the TRIPs Agreement,
including plant variety protection, please explain th e manner in which laws of Turkey ensure that
nationals of other WTO Members receive national treatment and most-favoured-nation treatment as
required by Articles 3 and 4 of the TRIPs Agreement.  Please cite to the relevant provisions of law.
Related with trademark, patent, industrial design, geographical indications and topographies
of integrated circuits:  the protection conferred by the Laws are available to natural and legal persons
who are domiciled or who have industrial or commercial establishments within the territory of theTurkish Republic, or to the persons who have application rights resulting from the terms of the Paris
or Bern Conventions or the Agreement Establishing World Trade Organization.
Natural or legal persons other than those referred in the first paragraph of this Article, who are
nationals of states which accord legal and de facto protection to the nationals of the Turkish Republicshall enjoy according to the reciprocity principles of industrial property rights in Turkey ".
Also the Laws state that "where the provisions of International Agreements which have
entered into force as provided by the Laws of the Turkish Republic afford preferable provisions than
the Laws, may request treatment according to the preferable provisions".
Related with copyrights:  In accordance with Article 88 of Law On Intellectual And Artistic
Works No. 5846, these provisions of law shall be applied to:
(1) All kinds of artistic works that are presented to public for the first time in Turkey,
those placed in Turkey but not yet presented to public and all letters and pictures in
Turkey, without recourse to the nationality of the author;
(2) Artistic works of people of Turkish nationality that are either not presented to public
within Turkey or those presented to public for the first time outside Turkey;
(3) All artistic works belonging to foreigners not yet presented to public or presented to
public for the first time outside Turkey; with the proviso of existence of due
provisions within an International Agreement to which Republic of Turkey is a party.
Exemptions within provisions of the first and third paragraphs of this article by Board of
Ministers may be resolved, provided that the country of which the author is a citizen protects therights of Turkish authors to a certain degree or that an International Ag reement permits exemptions
and limitations related to the issues depending upon the authors of foreign artistic works.
Second paragraph of Article 82 of the same law titled "The Scope and Terms of Neighbouring
Rights" governs the provision stating "Provisions of this law relating to neighbouring rights shall alsobe applied to performing artists, producers and radio-television institutions protected in accordance
with provisions of international agreements to which Republic of Turkey is a party".
In this respect, first, second and third sentences of Article 88 of the applicable law and second
paragraph of Article 82 are in harmony with first paragraph, Article 3 titled "National Treatments" ofthe TRIPS Agreement.IP/C/W/227
Page 29
Also, last paragraph of Article 88 of the applicable law is in accordance with Article 4 titled
"Most-Favoured-Nation Treatment" of the TRIPS Agreement.
B. COPYRIGHT AND RELATED RIGHTS
2. We understand that draft copyright legislation is being prepared to bring Turkey's copyright
and neighbouring rights regime into compliance with the TRIPS Agreement.  Please explain in detail
what changes this legislation would make to the existing regime, indicate the status of the
preparations of the legislation and provide an estimated date for enactment and enforcement of this
legislation.
Obviously, certain amendments were carried out in some articles of Law on Intellectual and
Artistic Works No. 5846, through enactment of Law No. 4110 on 12 July 1995, in order for the
realization of our obligations indicated in Associ ation Council Annex No. 8 No. 1/95 within the frame
of Turkey - European Union - Customs Union.
Subsequent to the enactment of Law No. 4110, Laws Related to Approval of Our
Participation into "Convention of Rome on Protection of Performing Artists, Phonogram Producers
and Broadcasting Companies" and "Paris Act Amending the Berne Convention on Protection of
Literal and Artistic Works as Amended in 1979" became effective through being published in theOfficial Gazette No. 22341 dated 12 July 1995.
Nevertheless, as a result of works in the technical level after the publication of Law No. 4110,
it was determined that some articles of Law No. 5846 are not in harmony with the contracts stated
above.
On the other hand, in spite of the amendments made within the law in 1995, serious
complaints have been received stating that Law on Intellectual and Artistic Works No. 5846 is
insufficient in protecting intellectual rights and meeting the demands in both the sectoral and
international level due to the reasons of non-dissuasiveness of the fines awarded against the breaches,insufficiency of the customs measures taken for preventing the piracy, non-availability of the
revocable protection with the applicable law, etc.
In this extent, "Draft for Amendment of Certain Articles of Law on Intellectual and Artistic
Works (1/538)" prepared in order to carry out the necessary amendments within the urging provisions
due to the abovementioned national and international needs and foreseeing amendments within
Article 44 of the applicable law has been accepted in Turkish Grand National Assembly, Commissionfor National Education, Culture, Youth and Sports with unanimity and is now within the agenda of
General Assembly of Turkish Grand National Assembly in order to be negotiated.  The draft is
ranking as the tenth among the laws to be negotiated.
Short explanations regarding the articles of the draft foreseeing amendment in Article 44 of
the applicable law are presented below:
- An explanatory text of article relating to the aim, scope and definitions has been
added to Law on Intellectual and Artistic Works No. 5846.
- Due to the fact that definition for cinematographic works issued in Article 5 of the
applicable law has a very limited extend, the definition has been reorganized in
harmony with the technological developments and international legislation.
- Heading of Article 6 of the applicable law has been amended as "Adaptations and
Compilations", eleventh sentence of first paragraph has been reorganized in order toIP/C/W/227
Page 30
differentiate the data bases generated as a result of compilations from other selected
and compiled works and the expression stating "formed on condition that the rights of
the author of the work from which it is benefited shall not be prejudiced" has been
added to the beginning of second paragraph.
- With an arrangement made in Article 8 of the applicable law, it was stated that the
author is the real person who created the work of art, animators and dialogue writers
have also been included together with the authors of the cinematographic works as
owners and provisions containing arrangements related to the financial rights have
been transferred to Article 18 of the applic able law with respect to the systematic of
the law.
- With an arrangement made in Article 10 of the applicable law, it was resolved that
rights of works of art created by contribution of more than one persons may be
exercised by real persons or legal entities bringing all of the authors of the said work
of art together.
- With an arrangement made in Article 13 of the applicable law, establishment of an
effective intellectual property system was aimed with a recording - registering system
created in order for providing convenience in evidencing for determination of
authorship without establishing rights and for monitoring financial right assignments.
- Necessary arrangements have been made in Articles 15 and 16 related to intangible
rights of the applicable law in order to remove misinterpretations in exercising of the
financial rights.
- With the amendment carried out in Article 17 of the applicable law, determination of
exceptional rights held by authors during exhibition of rare works like handwritings,
pictures, etc., against the propriety owners of the concerned works of art has been
aimed.
- With an amendment carried out in Article 18 of the applicable law, arrangements
related to financial rights within Article 8 of the applicable law have been transferred
to this section and also parallel to the amendment carried out in Article 10, it wasresolved that legal entities may exercise the rights upon the works of art created by
their employees.
- Protection period stated in the second paragraph of Article 19 has been changed as
70 years in order to establish the parallelism to the protection period within thegeneral sense of the applicable law.
- Expression of "the original and copies of the work" existing within Article 22 of the
applicable law has been extracted from the text of the article and also due to the
variations in materials from which the work of art is recorded and of reproductionmethods, expressions of "by means of any way or method" and "directly or
indirectly" have been added and reproduction methods have been clearly expressed.
- It was resolved that the right to rent out, lend, put up for sale or distribute by other
means the original or the reproduced copies of a work shall belong exclusively to the
author with the amendment carried out in Ar ticle 23 of the applicable law.  In this
respect, arrangements related to exercising of sales and distribution authorizations
have been made.IP/C/W/227
Page 31
- Transmission right to the public, including the internet, has been rearranged through
the amendment carried out in Article 25 of the applicable law.  This arrangement
shall enable sales of the works of art by means of electronic commerce upon
permission of the author.
- An arrangement related to the issue that "in case of more than one authors, protection
period shall continue for 70 years after the death of the last surviving author" has
been made within Article 27 of the applicable law.
- Resolution aiming that "presentation of a published work of art shall only be possible
within non-profiting organizations like education institutions exclusively for purposes
of education and instruction and only in places like classrooms and theatre hallsdedicated to this purpose and only for face-to-face instructional activities" has been
established with the arrangement made in Article 33 of the applicable law.
- Creation of selected or compiled works for educational and instructional purposes
through adaptations shall only be possible upon the consent of the author, based onthe amendment carried out in Article 34 of the applicable law.
- An arrangement stating that some sections of intellectual and artistic works may be
used in nature of news for informative means with the amendment carried out in
Article 37 of the applicable law.
- An arrangement stating that exercising of the transporting media used for recording
of intellectual and artistic works in public places shall be subject to the permission of
the author and they shall bear the banderols related to the exercising the right in
public places has been made with the amendment carried out in Article 41 of theapplicable law.
- Arrangements related to incorporation of Professional Associations have been made
in Article 42 of the applicable law.
- Payments shall be made to the right owners by the broadcasting companies in case of
transmission of intellectual and artistic works through media like radio-television inaccordance with the amendment carried out in Article 43 of the applicable law.
- With amendments made in second and third paragraphs of Article 44 of the
applicable law, an arrangement containing deduction not exceeding three percent over
the production cost or importation cost of the transporting media used for recordingintellectual and artistic works and all kinds of technical devices utilised for
reproduction of these and usage of this deducted money in activities oriented to
improvement of intellectual property system and protection of cultural inheritance has
been aimed.
- With the amendment made in second paragraph of Article 47 of the applicable law, it
was clearly stated that works of art created only by Turkish authors may become
public properties.
- In case of agreement before the stage of legal proceedings regarding reproductions
against the contract (smuggled reproductions), the author to grant the permission may
claim for up to maximum three times the amount which he might have obtained in the
case of execution of a contract or which is paid for the like works used or the amountIP/C/W/227
Page 32
of damages sustained thereby according to th e current value, in accordance with the
amendment carried out in 1st paragraph of Article 68 of the applicable law.
- With the amendment carried out in last paragraph of Article 71 of the applicable law,
an arrangement imposing punishment of imprisonment from 4 to 6 years andpecuniary punishments from 50 to 150 billions of Turkish Lira in case of intrusion to
intangible rights has been made.
- With the amendment carried out in 1st paragraph of Article 72 of the applicable law,
arrangements imposing legal proceedings due to reasons of intrusion to financial
rights of author and punishment of imprisonment from 4 to 6 years and pecuniary
punishments from 50 to 150 billions of Turkish Lira with the amendment carried outin the last paragraph of the same article against persons performing or displaying a
work or exhibiting such work on public premises or organizing such performance or
disseminating the same by means of transmission devices;  against persons renting
out a work or lending it to public and against persons selling, disseminating and
placing in commercial circulation in any manner whatsoever and using copiesthrough importing such copies whether by legal or illegal means, without the consent
of the author have been made.
- Intentional and organizational breaches and penalties to be awarded against them
have been arranged in the amendment carried out in Article 73 of the applicable lawand certain arrangements have been made in enabling the penalties imposed for
preventing the piracy acts causing illegal and unjust revenues and breaches of
intellectual rights to be dissuasive;  thus the punishment of imprisonment has been
determined to be from 2 to 4 years and pecuniary punishments has been determined
from 10 to 50 billions of Turkish Lira.
- An amendment has been carried out in Article 75 of the applicable law and Ministry
of Culture and related professional associations have been accepted as among persons
or institutions exercising the right to complain and certain arrangements have been
made in issues foreseeing that resolutions of closing, seizing and sealing a place by
Office of Public Prosecutor where illegal reproduction takes place in case of intrusion
to intellectual rights may be adopted ex officio and in case of repetition of the sameoffence, the penalties shall be increased one time in order to enable the dissuasiveness
of offences of infringement.
- An amendment has been carried out in Article 76 of the applicable law, foreseeing
establishment of Specialized Courts.  A certain arrangement has been made for casesof sufficient evidence indicating that the persons using the intellectual and artistic
works have not obtained the necessary permission and authorization, the said persons
shall bear the obligation to document their fair usages, with a paragraph added to the
end of the article.
- Closing of the places where act of piracy have been determined to be carried out and
seizure of the copies determined to be reproduced illegally in Customs have been
aimed within the amendment made in Article 77 of the applicable law.
- Rearrangements have been made in provisions related to the rights of the authors and
financial and intangible rights of the neighbouring right owners and fundamental and
exclusive rights like reproduction, transmission and public transmission through
amendments carried out in Article 80 of the applicable law.  Within this arrangement,
film producers have also been accepted among the neighbouring right owners.  It wasIP/C/W/227
Page 33
resolved that punishment of imprisonment from 2 to 4 years and pecuniary
punishments from 10 to 50 billions of Turkish Lira shall be imposed against persons
infringing rights of authors and those of neighbouring right owners.
- Procedures and merits have been determined related to prevention of piracy acts and
application of banderols that serve as a major determination instrument in
differentiation between legal and illegal copies due to the fact that each banderol
carries a serial number.  Furthermore, it was aimed that punishment of imprisonment
from 4 to 6 years and pecuniary punishments from 50 to 150 billions of Turkish Lira
shall be imposed against persons committing one of the infringement cases stated
within this article.
- A revocable protection has been provided through the amendment carried out in
Additional Article 2 of the applicable law.  In this respect, the cinema films, computer
programs, databases and phonograms created before the year 1995 shall be subject to
the protection periods determined within the general context of the law.
- An article has been added to the draft, indicating the provisions repealed.  In this
respect;
(a) The expression "the original or adaptation of a work" in Article 24 of the applicable
law has been extracted from the text of the article in order to avoid from repetitionsdue to the fact that adaptations are also accepted as works.
(b) Article 28 of the applicable law has been repealed due to the fact that translated
works are also subject to provisions related to protection periods of the applicable
law.
(c) Article 29 of the applicable law has been repealed and provisions within this article
have been added to Article 27 that is related to protection periods since it has been
resolved that arranging the protection periods in one sole article shall be appropriate.
(d) The expression "publication or" within Article 38 of the applicable law has been
extracted from the text of article due to the fact that the act of publication is placedwithin the scope of reproduction right, one of the financial rights of the author.
(e) Article 39 of the applicable law has been totally repealed due to the fact that the
concerned article is open to interpretation to a degree that may cause infringement of
transmission rights of the authors of literal works of art.
(f) Last paragraph of Article 57 of the applicable right has been repealed due to the fact
that it was determined to be in contradiction with the first paragraph of the same
article and Article 24 of the applicable law.
(g) Paragraph (4) of the amended Article 73 has been repealed in order for making the
discrimination between smuggled broadcasting acts and pirate broadcasting acts and
enforcement of provisions of Article 68 "In Case of Intrusion to Financial Rights" in
case the amount reproduced exceeds the amount stated in the contract.
- An arrangement adding an Additional Article 4 to the applicable law in order to
realize the protection of the information related to the works of art and the figures or
codes representing this information in the way determined by the authors or right
owners during public presentation and transmission of the works of art, including the
internet has been made.  An additional arrangement has been made regarding the actIP/C/W/227
Page 34
of imposing punishment of imprisonment from 2 to 4 years and pecuniary
punishments from 10 to 50 billions of Turkish Lira against unauthorized changes of
this information and the figures or codes representing this information.
- An Additional Article 5 has been added to the applicable law, aiming compilation of
reproduced copies of intellectual and artistic works to be carried out Minister of
Culture, in order to transfer these works of art, constituting a major part of the
Turkish culture to the future generations.
3. Please describe in detail the provisions that will implement fully Article 18 of the Berne
Convention, as incorporated by Articles 9, and 14.9 of the TRIPS Agreement.
Article 18 of Berne Convention is on the protection periods to be benefited by the works of
art that gained publicity or those not yet presented to public on the date when this contract became
effective.  Equivalence of the concerned article in Law on Intellectual and Artistic Works No. 5846,
amended with Law No. 4110 is Additional Article 2.
In accordance with Additional Article 2, "Protection periods in this law shall be applicable to
the works, adaptations and productions that gained publicity after the Law became effective with
respect to affiliated rights, cinematographic works, computer programs and databases.  Provisions
related to authorship of cinematographic works shall be applied to cinematographic works started to
be produced after this Law became effective."
As seen above, Additional Article 2 foresees enforcement of the protection periods to the
works, adaptations and productions that gained publicity after the Law became effective with respect
to affiliated rights, cinematographic works, computer programs and databases.
Protection periods start with emergence of the works of art i.e their determination or gaining
publicity. Enforcement of the beginning of protection periods to the works that gained publicity after
Law No. 4110 became effective creates an inequality in works that are subject to shorter protection
periods like cinematographic works in Law No. 5846 dated 5/12/1951.  Due to this reason, while
some cinematographic works are subject to protection period of tenure of life plus 70 years, some are
subject to 20 years of protection, a very short period when compared to the former. This fact
constitutes a contradiction to Article 7 and Article 18 of Berne Convention for Protection of Literal
and Artistic Works to which our company is a party.
Furthermore, cinematographic works produced before 12/6/1995, validity date of Law
No. 4110, and those subject to longer protection periods in countries of origin are subject to shorter
protection periods in our country with the applicable Additional Article 2.
Due to this reason, the inequality between the works with respect of protection periods has
been removed through an arrangement made in Additional Article 2 with Law Draft Related to
Amendment of Certain Articles of Law on Intellectual and Artistic Works No. 5846 and a revocable
protection has been established; thus harmonization with national and international legislation has
been established.
The arrangement within the second paragraph grants a transition period of 6 months directed
to protection of people holding possession of the copies of works after expiration of the protection
periods due to the truest reasons.
In this respect, Additional Article 2 within the draft has been reorganized as specified below.IP/C/W/227
Page 35
"Additional Article 2 - The provisions governing the terms of protection in the present Law are,
during the time the amendment made in this Article has taken effect, applicable to:
1- All works, fixed performances and phonograms available in Turkey and produced by
authors and affiliated right owners who are citizens of Turkish Republic;
2- Foreign works, fixed performances and phonograms which have been produced in
other countries party to international contracts and agreements which Turkey is also a
party to and which have not become public since the term of protection has not
expired in those countries.
Those who hold the possession of works, fixed performances and copies of phonograms
which are under protection as a result of application of first paragraph, may sell or dispose of such
copies until the end of six months following the date on which the law takes effect.
However, the exercise of rights with respect to works, fixed performances and phonograms
granted to authors and other right owners within the framework of the present law shall be subject tothe permission of the authors or right owners.
The provisions of the present law with respect to ownership of cinematographic works are
applicable to cinematographic works the production of which is started after 12 June 1995 when Law
No. 4110 entered into force."
C. TRADEMARKS
4. Please explain in detail  how Turkey's trademark and other laws provide for the protection of
well-known trademarks and service marks, citing the relevant provisions of law.
Well-known trademarks are drawn up in  The Decree Law by two provisions:
(i) In the Article 7 (absolute grounds for refusal) states "the following signs shall not be
registered as a trademark:
a) signs which do not conform with the provisions of Article 5;
b) trademarks identical or confusingly similar with a trademark registered earlier
or with an earlier filing date for registration in respect of an identical or same
type of  product or services;
c) trademarks which consist exclusively of signs or indications which serve in
trade to indicate the kind, characteristics, quality, intended purpose, value,geographical origin, or designate the time of production of the goods or of
rendering of the service or other characteristics of goods or services;
d) trademarks which consist exclusively of signs and names used to distinguish
specific groups of craftsmen, professionals or tradesmen or have becomecustomary in the current and established practices of the trade;
e) signs containing the shape of the product which results from the nature of the
good, which is necessary to obtain a technical result or which gives
substantial value to the good;IP/C/W/227
Page 36
f) trademarks which are of such a nature as to deceive the public, such as to the
nature, quality, place of production or geographical origin of the goods and
services;
g) trademarks which have not been authorized by the competent authorities and
are to be refused pursuant to Article 6 ter of the Paris Convention;
h) trademarks containing badges, emblems or escutcheons other than those
covered by Article 6 ter of the Paris Convention which have not been
authorized by the competent authorities and are of particular historical and
cultural public interest;
i) well known marks according to 6 bis of the Paris Convention, use of which
are not permitted by their owners;
j) trademarks which contain religious symbols;
k) trademarks which are contrary to public policy and to accepted principles of
morality.
The provisions of (b), (c) and (d) can not be invoked to refuse the registration of a trademark
which has been used before the registration and has acquired through this usage distinctive characterin respect of the goods and services for which it is to be registered.
(ii) Furthermore Article 8 (relative grounds for refusal) clarify that " upon opposition by
the proprietor of an application for registration of a trademark or of a registered
trademark, the trademark applied for shall not be registered under followingconditions:
(a) if the trademark applied for is identical with a registered trademark or a trademark
that has an earlier application date and the protection is sought for the identical goods
and services;
(b) if because of its identity with or similarity to a trademark which has an earlier
application date or a registered trademark and because of the identity or similarity of
the goods and services covered by the trademarks there exists a likelihood of
confusion on the part of the public and the likelihood of confusion includes the
likelihood of association with the registered trademark or with the trademark which
has an earlier application date.
Upon opposition by the proprietor of a trademark, a trademark shall not be registered where
an agent or representative of the proprietor of the trademark has applied for registration thereof his
own name without the proprietor's consent and without a valid justification.
Upon opposition by the proprietor of a non-registered  trademark or of another sign used in the
course of trade, the trademark applied for shall not be registered provided that:
(a) the rights to the sign were acquired prior to the date of filing for registration of the
trademark, or the date of priority claimed for the application for registration;
(b) the sign confers on its proprietor the right to prohibit the use of a subsequent
trademark;IP/C/W/227
Page 37
A trademark applied for which is identical or similar to a registered trademark or to a
trademark with an earlier filing date may be used for different goods and services. However, where in
the case of a registered trademark or of a trademark which has an earlier filing date for registration,
the trademark has a reputation and where the use without due cause of trademark applied for would
take unfair advantage of, or be detrimental to the distinctive character or repute of the registered
trademark or of the trademark with an earlier a pplication date, upon opposition by the proprietor of
the earlier trademark, the trademark applied for shall not be registered even to be used for goods and
services which are not similar to those for which the earlier trademark is registered.
Upon opposition by the holder of the relevant right, the trademark applied for shall not be
registered if it contains the name, photograph, copyri ght, or any industrial property rights of the third
parties.
Upon opposition, trademark applied for which is identical or similar to a collective or a
guarantee mark shall not be registered within three years from the date of expiry of the collective or of
the guarantee mark.
Trademark applied for which is identical or similar and which is to be registered for the
identical or similar goods and services of a trademark which has not been renewed, upon opposition
shall not be registered within two years of the expiry date" .
(iii) In accordance with Article 2 of The Decree-Law;  ''trademark'' means trademarks or
service marks including guarantee marks and collective marks.
Also Article 5  defines  a trademark as "provided that it is capable of distinguishing the goods
and services of one undertaking from the goods and services of other undertakings, may consist of all
kinds of signs being represented graphically such as words, including personal names, designs, letters,numerals, shape of the goods or their packaging and by similar descriptive means capable of being
published and reproduced by printing".
5. Please describe in detail any limitations or special requirements that apply to trademark
rights under Turkey's laws and indicate  how those limitations take account of the legitimate interests
of the owner of the trademark and third parties.
"The proprietor of a trademark cannot prevent the third parties from using in the course of
trade his own name or address, indications concerning the kind, quality, quantity, intended purpose,
value, geographical origin, the time of production of the goods or of rendering of the services, or other
characteristics of the goods or services, provided the use is effected in accordance with honest
practices in industrial or commercial matters" (Article 12, Limits on the Effects of a Registered
Trademark)
D. G
EOGRAPHICAL INDICATIONS
6. Please explain whether, in an opposition proceeding related to a new geographical
indication, a pre-existing registered trademark or an earlier filed request for registration of a
trademark  in Turkey would be grounds for refusal to recognize the geographical indication.
In our opposition proceeding related to a new geographical  indication is defined in Article 11
of Decree Law No. 555 Pertaining To The Protection Of Geographical Indications;  It is determined in
this article that "Within six months of the publication of the application, anybody legitimately
concerned may object to the registration by filing an objection at the Institute with respect to
conformity with Articles 3, 5, 7 and 8.IP/C/W/227
Page 38
Institute receiving the applicatio n shall have the objection examined by one or more of the
public institutions or universities or independent private institutions which have expertise in the
subject matter.  The examination fees to be paid to these institutions and the fees for the services of
the Institute shall be borne by the applicant and be payable to the Institute.  Objections by public
institutions are not subject to fees."
Article 18 of the decree law covers the relationships  between registered trademarks and
registered geographical indications as following:
"Where a geographical sign has been applied for registration in accordance with this Decree-
Law, the application for registration of a trademark corresponding to the provisions of Article 15 or to
be used in relation to the same product shall be refused.
The claim specified in Article 15 of this Decree-Law can be asserted against an application
for the registry of a trademark within five years of the general recognition in Turkey of the violation
of the registered geographical sign.  Same claims can be asserted against a registered trademark
within five years of the date of registration provided that the date of general recognition of theviolation of the geographical sign is earlier than the publication date of the trademark.
Claims under the second paragraph of this Article can be asserted only for a valid
geographical sign registered in good faith.
Trademarks registered in breach of the first paragraph shall be declared invalid.
Validity of a registered trademark shall uphold and its use in good faith shall continue,
provided that the application for the registration of the trademark was filed in good faith and
registered or that the right of use was acquired before the registered geographical sign has acquiredprotection in its country of origin or before coming into effect of this Decree-Law.
A previously registered trademark with features that are liable to mislead the public as to
actual characteristics of the product shall not be registered as a designation of origin or as a
geographical indication".
In brief, it makes clear in paragraph 5 that rights in a trademark registered in good faith, or the
right to use acquired, before the protection of the geographical indication, will be upheld, while
paragraph 6 indicates that a registered trademark which misleads the public as to characteristics shall
not be registered as a designation of origin or as a geographical indication.  In considering an
objection based on an earlier trademark made under article 11, the Institute will consider the validity
of the earlier trademark under these two paragraphs before deciding whether its rights will be upheldagainst the later application for the geographical indication.  It will also consider whether an
application for the registration of a geographical indication meets the requirements of Article 5 (which
do not exclude trademarks per se ).
E. I
NDUSTRIAL DESIGNS
7. Please describe in detail the number in which textile designs are protected in Turkey and cite
to the relevant provisions of law.
According to Turkish Industrial Design Decree-Law 554, Article 26.
The application procedures for designs of products in the industries subject to frequent
fashion changes may be simplified by the Institute through an Implementing Regulation.IP/C/W/227
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Therefore, textile products which are considered to be novel or decided to have individual
characteristics have been put under protection.  The applicant may benefit from the multiple
application system if there exists more than one design for registration.  Since textile designs are
prone to frequent changes in fashion and can easily be copied, the applicant may use his right of
deferment of publication as stated in Article 35 as follows:
The applicant for a registered design may request when filing the application, that the
publication be deferred for a period not exceeding 30 months from the date of filing the application.
Textile designs are protected under the Industrial Designs Decree Law. The definition must
be understood in a broad sense.  Everything which gives rise, in appearance of a product, to an
aesthetic impression can be an industrial design.  This would include textile designs.  During theimplementation of Decree Law, application of several designs may be combined in one application.
However, this possibility is subject to the condition, except in cases of ornamentation, that the
products in which the designs are intended to be incorporated or to which they are intended to be
applied all belong to the same sub-class or to the same set or composition of items, which especially
applies to textile designs and thus complies with Article 25.2 of the TRIPS Agreement.
F. P
ATENTS
8. Article 6 of Turkey's patent law includes a number of exclusions from patentable
subject-matter.  Please explain whether an invent ion within the categories specified below can be
patented under Turkey's law if it is novel, involves an inventive step, and is industrially applicable:
(a) process inventions which, in whole or in part, consist of steps that are performed by a
computer and are directed by a computer program;
(b) product inventions consisting of elements of a computer-implemented invention
including;
(c) process inventions that facilitate the conduct of business;  and(d) micro-organisms.
Firstly, it should be noted that according to Article 9 of Turkish Decree Law No. 551 the
invention should have an inventive step which described as the invention is the result of an activity
which is not obviously realizable from the State-of-the-Art, by a person skilled in the concerned
technical field.  In other words, an invention should solve a problem in a technical field, that is the
invention should have technical features.  So, the exceptions in the first part of this article are not
patentable since they are not being inventions as of their nature.  Therefore, computer programs per se
are excluded from patentability, however, a computer program as a part of an invention that consists
of any technical mean, for example an equipment, is patentable within the scope of the invention.
According to this:
(a) process inventions containing steps that are performed by a computer and are directed
by a computer program are patentable only if the invention does not consists of a
computer program in whole;
(b) product inventions consisting of elements of a computer-implemented invention is
patentable.IP/C/W/227
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In addition to this, since Turkey accepted European Patent Convention (EPC) the Articles
about computer programs will be reviewed according to possible changes in EPC in the following
agenda.
(c) process inventions that facilitate the conduct of business is not patentable due to not
being inventions as of their nature;
(d) Article 6 excludes only plant and animal species/varieties from patentability.
Moreover, Article 46 states that " …Where the invention pertains to a microbiological
process and the related microorganism is not accessible to those interested, the
description shall only be deemed to fulfill the requirements specified under the
Paragraph one of this present Article provided the following conditions are met:  i)the description contains the information regarding the characteristics of the
microorganism;  ii) the applicant has deposited, no later than the date of filing the
application, a culture of the microorganism with an authorized institution, established
in accordance with international conventions…".  In addition to this, Article 82
encloses that :  "Where the subject matter of an application for patent refers to aprocess related to microorganism(s), the protection, here abovementioned, shall only
commence when the microorganism has been made accessible to those interested…".
From these Articles, it is obvious that microorganisms are patentable.  As a
consequence of this, there are a number of patents and patent applications related/on
microorganisms in Turkey.
9. Under Article 6 of current law, any invention contrary to "public policy or generally accepted
standards of morality" is excluded from patentable subject-matter.  Please describe the process by
which the Government of Turkey determines whether an .invention is contrary to public policy or
generally accepted standards of morality and the criteria used to make those determinations, citing tothe relevant provisions of law.  Also, please indicate whether a determination that an invention is
excluded from patentability under Article 6 is appealable and, if so, to what body would that appeal
be made.
There is no written standards or criteria for determining that an invention is contrary to
"public order" or "morality".  In addition to this, there has been no such a case under question up to
date. According  54 of Turkish Decree Law No. 551:  "The compliance of the specification, claim(s)
and drawing(s) to the patentability requirements is not comprised to be within the scope of this
examination.  The Institute shall examine the subject matter of the application, as of Articles 6 and 10
of this present Decree Law, to determine whether or not it consists of an invention which is subject to
patent protection and which is applicable in industry.  The Institute after receiving/hearing the opinion
to the contrary of the interested party (applicant)  and, duly motivating its decision, shall reject the
application when the invention, subject matter of the application, obviously and unequivocally lacksthe characteristics of novelty and applicability in industry.
Where the examination results in that, the application suffers formal deficiencies, in terms of
the provisions of Article 53, or that its subject matter is not an invention subject to patent protection,
the examination procedure is suspended and the applicant is requested to remedy the deficiencies or tonotify the Institute his objections within the period set forth in the Regulation.
In the course of this procedure, the applicant may amend the claim(s) or divide the application
into more than one divisional application(s).
The Institute shall reject the application, in whol e or in part, in consideration of the claim(s),
when it does not find acceptable the objections raised against its decision, according to which, the
subject matter of the application is not an invention subject to patent protection or when the existingIP/C/W/227
Page 41
deficiency has not been remedied, in compliance with the conditions and formal requirements as set
forth in the Regulation."
In addition to this, Article 26 of The Implementing Regulations Under The Decree-Law states
that:  "The Institute shall examine the subject ma tter of the application with respect to compliance
with Articles 6 and 10 of the Decree-Law to determine whether or not it is in the scope of
non-patentable subjects and inventions, and whether it is exploitable in industry.  Where, the Institute
finds that the application clearly and without doubt lacks novelty or lacks features of industrial
applicability the applicant is allowed three months for submitting his observations.
The Institute after reviewing the opinions of the applicant shall come to a final decision.
Where the decision is negative, the Institute shall reject the application and submit the justifications ofthe reasonings for rejection.
Where the examination reveals that within the provisions of Article 53 of the Decree-Law the
application has deficiencies with respect to formal requirements or that the subject of the invention is
in the scope of non-patentable inventions, the examination is suspended and the applicant is requestedto remedy the deficiencies or to submit his objections to the Institute within three months.
The applicant, at this stage of the procedures, may amend the claim or the claims or divide the
application into further divisional applications.
The Institute shall reject the ap plication in total or in part with respect to claim or claims
where the objection to the Institute's decision on non-patentability has not been accepted or the
deficiencies have not been remedied in conformity with the provisions of this Regulation."
Also all the decisions of the Turkish Patent Institute is appealable according to Article 146
(iii) of the Decree Law:  "For actions instituted against all of the Institute's decisions taken in respect
of the provision of  this present Decree-Law and for actions instituted against the Institute by third
parties having been damaged/prejudiced from the decisions of the Institute, the special court referred
in the first paragraph shall have competence."
10. Article 6 of the current law excludes "discoveries", "plans", and "scientific works'' from what
is considered patentable subject-matter.  Please explain and define the terms "discoveries", "plans",
and "scientific works" as they are used in Article 6 and provide examples of subject-matter that fallswithin these exclusionary categories, as well as subject-matter that does not.
There is no definitions for these acts in the Turkish Decree Law No. 551 or in the
Implementing Regulations.  But according to the prea mble of the Decree Law and to general opinion:
- discover is to see, detect or come upon something for the first time; discovery is the
act of discovering, that which is discovered.
- a plan is a devised shame, a way of executing an act, a method or arrangement
performed purely mental acts.
- a scientific work is results of systematized knowledge.  According to preamble they
contain esthetic characteristics.
Patents should be granted for tangible things (products, actual production processes and
practical applications) rather than for theories, ideas and principles.  There has been no case law todefine these matters more closely.IP/C/W/227
Page 42
11. Please identify any other exceptions to the rights conferred by a patent in Turkey and indicate
the manner in which the law of Turkey ensures that such exceptions do not unreasonably conflict with
a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the
patent owner, taking account of the legitimate interests of third parties.
The exceptions are explained in the following Articles of the Decree Law:
Limits of the Scope of Rights Conferred by a Patent:  Article 75
"The following acts shall remain outside the scope of rights conferred by a patent :(a) Acts devoid of any industrial or commercial purpose and limited to private ends/aims;
(b) Acts involving, for experimental purposes, the invention, subject matter of a patent;
(c) Extemporaneous preparations of medicines in pharmacies involving no mass
production and carried out solely in making up a prescription and acts related to the
medicines thus prepared;
(d) Use of patented invention in the manufacture or operation of ships or spaceships or
airplanes or land transportation vehicles of countries signatory of the Paris
Convention or for satisfying the needs of these, provided that said vehicles happen to
be, temporarily or accidentally, within the boundaries of the Republic of Turkey;
(e) Where acts provided under Article 27 of the International Convention for Civil
Aviation dated 7 December 1944 are related to an aircraft of a State, the provisions of
this present Article shall apply likewise to said aircrafts."
Rights Conferred by Prior Use:  Article 77
"The right holder of a patent shall not have the right to prevent person or persons who, in
good faith, between the date of filing of the application and the date of priority, had worked the
invention in Turkey or had made serious and effective preparations to work the said invention; from
continuing to work the subject matter of the patent, in the same manner as before, or from
commencing its working as of the preparations made to this effect.  However, third persons maycontinue working the subject matter of the patent, in the same manner as before, or commence its
working as of the preparations made to this ef fect, only to the extent necessary for meeting the
reasonable needs of their enterprise.  Such right to work the invention shall only be transferable with
the enterprise.
The rights conferred by a patent within the meaning of Article 76 shall not extend to acts
related to products put to sale by persons indicated in Paragraph one of this present Article."
Restrictions on the Use of a Patent: Article 80
"A patented invention shall not be put into use, in any way, contrary to the Laws, or morality,
or public order or public health, and its working shall be subject to the prohibitions and restrictions,
whether temporary or permanent, established or to be established by Law."
12. Please verify that the terms of all patents in existence in Turkey on 1 January 2000, will not
end before the expiration of a period of tw enty years measured from the date of filing.IP/C/W/227
Page 43
The expiration period of all living patents, that are granted with (substantive) examination, in
existence in Turkey on 1 January 2000 is 20 years measured from the date of filing.  Please refer to
Article 72:  "The term of a patent granted with (substantive) examination shall be a non-extendible
period of 20 years from the date of filing the application.
The term of a patent granted without (substantive) examination shall be seven years.  Where
the (substantive) examination request is made within the period of seven years and the patent is
granted after such (substantive) examination is con ducted, the term of the patent shall be completed to
20 years as of the date of filing the application."
13. Articles 96, 97, and 99 appear to require that the invention claimed in a patent be
manufactured in Turkey or a compulsory licence under the patent can be granted.  Please explainhow this provision conforms to the requiremen t under Article 27.1 of the TRIPS Agreement that
patent rights be enjoyable without discrimination as to whether the products are imported or locally
produced.
According to Article 73 of Turkish Decree Law No. 551, the holder of a patent shall benefit
from the right it confers without differentiating between the place of the invention, its field oftechnology and whether the concerned products are imported or of domestic production.  In addition
to this, the revised Article 40 (….. 1999) of the Implementing Regulations Under The Decree Law
No. 551, Also Article 40 (amended at 6 December of 1998) of The Implementing Regulations Under
The Decree Law clarify the object; it accepts importation certificate as an evidence of "working" of
the patent.  Therefore, the provisions stated in Article 27.1 of the TRIPS Agreement are completelycovered in Turkish legislation.  Consequently, there is no discrimination in that whether the products
are important or locally produced.  So, importation of the patented product is not a reason for third
parties for proposing a compulsory licence.
14. Article 102 of Turkey's patent law appears to permit compulsory licensing of a patent for
purposes of export.  Please explain how Article 102 complies with the obligations under Article 31, in
particular with subparagraph (f).
Please refer to the Article 102 of Turkish Decree Law No. 551 again:  "The exportation
(situation/possibility) of the patented invention shall not be accepted to constitute a ground for
compulsory licence.  This provision is completely sa me what is stated in Article 31(f) of the TRIPS
Agreement:  "any such use shall be authorized predominantly for the supply of the domestic market of
the Member authorizing such use."  As a result of this, exportation does not constitute a ground for
proposing a compulsory licence.
15. Please indicate the number of compulsory licences issued under Articles 99, 101, 102, and
103 of' Turkey's patent law in each of the last five years.
There is only one compulsory licence issued under any of the articles mentioned in the
question in the last five years.  This compulsory licence issued in 02/12/1998 under Article ….. by the
decision of general …. court.  This decision was taken before the revision of the Implementing
Regulations and there is no evidence (even no importation certificate) filed for the patent by the
rightholder.
16. Please describe in detail the manner in which plant varieties are protected under Turkey's
laws and cite to the relevant provisions of law.
For protection of plant varieties, a "Draft Legislation Relating to Breeder Protection Rights
for New Plant Varieties" was prepared by the Ministry of Agriculture and Rural Affairs.  The Draft
Law has been prepared by taking the 1991 text of The International Union for the Protection of NewIP/C/W/227
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Varieties of Plants (UPOV) Convention.  The purpose of the Draft, which covers the whole plant
varieties, is to encourage the development of new plant varieties, and to provide the protection of the
breeders rights.
On the other hand, according to the Article 6 of Turkish Decree Law No. 551, patents are not
granted for plant and animal varieties/species or processes for breeding/plant or animal
varieties/species, based mainly on biological grounds.  However, processes for plant breeding which
are not based on mainly biological grounds are patented in Turkey.  Since Turkey is a member of EPO
since 29/01/2000 and since the Turkish legislation is modelled on the EPC, the implementation on this
subject resembles to the implementation done by EPO. In addition to this, any changes in EPC on this
subject will directly affect Turkish legislation.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
17. Please describe how Turkey implements the oblig ations of Section 6, Part II of the TRIPS
Agreement and cite to relevant provisions of law.
We have a draft law on the protection of Layout-Designs of Integrated Circuits and the
text of the said draft was fully notified to the WTO pursuant to Article 63.2 of the TRIPSAgreement.  The text of the draft law covers, the General Provisions, Right to Protection,
Limitation of Protection Application and Registration, Legal Transactions related with the
application and registration right, Invalidity and Termination of the right, Infringement of right and
Civil Procedures, Exploitation by a government agency or third person, Penal Provisions, Article
1, 2, 3, 5, 6, 7, 9, 12, and 13 of Draft Law are in line with Article 35 of the TRIPS Agreement.Article 12 is in line with Article 36 of the TRIPS Agreement.
Effect of Protection
Article 12.  The protection shall have the effect that the following acts shall be prevented by
right holder if performed without the authorization of the right holder:
(a) reproducing, whether by incorporation in an integrated circuit or
otherwise, the protected layout-design of integrated circuits in its entirety or any part
thereof, except the act of reproducing any part that does not comply with the
requirement of originality referred to in Article 6;
(b) importing, selling or otherwise distributing for commercial purposes
the protected layout-design of integrated circuits, an integrated circuit in which the
protected layout-design of integrated circuits is incorporated or an article
incorporating such an integrated circuit in so far as it continues to contain an
unlawfully reproduced layout-design of integrated circuits.
Article 13 paragraph (d) is in line with Article 37.1 of the TRIPS Agreement.
Limitation of Protection
Article 13.  The effect of protection of a layout-design of integrated circuits under this Law
shall not extend to:
(a) reproduction of the protected layout-design of integrated circuits for private purposes
or for the sole purpose of evaluation, analysis, research or teaching;IP/C/W/227
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(b) subject to acts in Article 12 of a layout-design which is the result of analysis or
evaluation under item (a) and is original within the meaning of article 6;
(c) importing, selling or otherwise distributing commercial purpose of the layout-design
of integrated circuits or integrated circuits where the act is performed in respect of aprotected layout-design of integrated circuits, or in respect of an integrated circuit in
which such a layout-design of integrated circuits is incorporated, that has been put on
the market by, or with the consent of, the right holder;
(d) the performance of any of the acts referred to in Article 12.1(b) in respect of an
integrated circuit incorporating an unlawfully reproduced layout-design of integrated
circuits or any article incorporating such an integrated circuit where the personperforming or ordering such an act did not know and had no reasonable ground to
know, when acquiring the integrated circuit or the article incorporating such an
integrated circuit, that it incorporated an unlawfully reproduced layout-design of
integrated circuits;  however, after the time that such person has received sufficient
notice that the layout-design of integrated circuits was unlawfully reproduced, thatperson may perform any of the said acts only with respect to the stock on hand or
ordered before such time and shall be liable to pay to the right holder a sum
equivalent to a reasonable royalty such as would be payable under a freely negotiated
licence in respect of such a layout-design of integrated circuits;
(e) the performance of any of the acts referred to in Article 12.1 (b) where the act is
performed in respect of an identical layout-design of integrated circuits which is
original and has been created independently by a third party.
Part Eight of the Draft Law are in line with Article 37 (2) of the TRIPS Agreement.
Conditions of Exploitation
Article 38.  The Council of Ministers may decide that, even without the authorization of the right
holder, a Government agency or a third person may exploit the layout-design of integrated circuits in
the case of:
(a) the public interest, in particular, national security, nutrition, health or the
development of other vital sectors of the national economy requires the exploitation
of a protected layout-design of integrated circuits for public non-commercial use;  or
(b) a judicial or administrative body has determined that the manner of exploitation of a
protected layout-design of integrated circuits, by the right holder or his licence, is
anti-competitive, would remedy such practice,
A request for the Council of Minister's author ization shall be accompanied by evidence that
the right holder has received, from the person seeking the authorization, a request for a contractuallicence, but that person has been unable to obtain such a licence on reasonable commercial terms and
conditions within a reasonable time. Institute evaluates its idea, depending on the information and
evidence, and delivers it to the Council of Minister by related Ministry.
The exploitation of the layout-design of integrated circuits shall be limited; in scope and
duration, to the purpose for which it was authorized and shall be predominantly for the supply of the
domestic market.IP/C/W/227
Page 46
It shall be non-exclusive and shall be subject to the payment to the right holder of an adequate
remuneration therefor, taking into account the economic value of the Council of Ministers
authorization, as determined in the Minister's decision and, where applicable, the need to correct anti-
competitive practices.
The exploitation right given by the Council of Ministers to the third party may be transferred
on the condition that it is transferred together with the business or the premises/part of the business
where it is being valourized.  The Institute shall ente r the transfer in the register.  The transfer shall
have no effect against third parties until this register.
The exploiter don't have a right to give secondary licence.  Such an action shall be deemed
void.
The legal validity of any decision relating to  the authorization and to the remuneration
provided in respect of such use shall be subject to judicial review by the competent court.
Where such use is permitted to remedy a practice determined in paragraph 1 (b), then the
paragraph 2 and 4 shall not be implemented.
Exploitation for Public Interest
Article 39.  The Council of Ministers may decide that to be put to use on grounds of public
interest by means of exploitation according to the Article 38 paragraph 1 (a).  The concerned Ministry
proposes to the Council Ministers to issue a decree pertaining to the grant of exploitation. In case,
where the use of the layout-design of integrated circuits is important for national defense or public
health, the proposal is prepared jointly by the concerned ministry, and the Ministry of National
Defense or the Ministry of Health.
The decision to grant exploitation, may, restrict the use of the layout-design of integrated
circuits to one or some enterprises on grounds of its importance for national defense.
Termination of Exploitation Right
Article 40.  Upon the request of the right holder, the Council of Ministers shall terminate the
exploitation right if he is satisfied that the circumstances which led to his decision have ceased to exist
and are unlikely to recur or that the beneficiary of  the authorization has failed to comply with the
terms of the authorization.
Notwithstanding of the first paragraph, the Council of Ministers shall not terminate an
authorization if he is satisfied that the adequate protection of the legitimate interests of the beneficiary
of the authorization justifies the maintenance of the authorization.
Article 7 of the Draft Law is in line with Article 38 of the TRIPS Agreement.
Commencement and Term of Protection
Article 7.  Protection of a layout-design of inte grated circuits under this Law shall commence:
(a) on the date of the first commercial exploitation; anywhere in the world, of the layout-
design of integrated circuits by the right holder, provided an application for protection
is filed by the right holder with Institute, within the time limit of two years;  orIP/C/W/227
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(b) on the filing date accorded to the application for the registration of the layout-design
of integrated circuits filed by the right holder, if the layout-design of integrated
circuits has not been previously exploited commercially anywhere in the world.
Protection of layout-design under this Law shall terminate at the end of the tenth calendar
year after the date of commencement of protection.
Layout-design protection can no longer be claimed if the layout-design has not been
commercially exploited, other than confidentially, or has not been filed with the Institute within 15
years after the day of it is first fixation.
H. UNDISCLOSED INFORMATION
18. Paragraph 2 of Article 39 of the TRIPS Agreement requires Members to provide protection
for all undisclosed information, including techni cal know-how and commercial information, which
meets certain criteria.  This protection must endure as long has the conditions identified in
paragraph 2 of Article 39 are met and protection cannot be conditioned on registration.  Please
explain how Turkey fulfils this obligation.
Protection of undisclosed information is provided by four legislation's:
1- Turkish Commercial Code;2- Regulation on Pharmaceutical Products;
3- Civil Servants Act;  and
4- Patent Decree.
Protection under Commercial Code is provid ed through unfair competition provisions.
Article 57/7-8 Describes the acts incompatible with good faith and the acts which constitute unfaircompetition.  Among those:
- deducing the employees, agents or other assistants and getting them to divulge or
obtain the trading and manufacturing secret s of their employer or of his agents;
- taking an illicit advantage from trading or manufacturing secrets obtained or learnt
incompatible with good faith or divulging them to others are the acts constitute unfair
competition.
Articles 58-63 provide civil remedies such as prevention of the infringement, compensation
for damages for those unfair competition related to inter alia undisclosed information.  Additionally,
Article 64 stipulates criminal sanctions within the form of imprisonment and/or fine against unfair
competition related to undisclosed information.
19. Paragraph 3 of Article 39 of the TRIPS Agreement requires that Members protect certain test
data associated with requests to obtain approval to market pharmaceutical and agricultural chemical
products from disclosure and from "unfair commercia l use".  Please describe in detail how Turkey
implements this obligation and cite to the relevant provisions of law.
(1) Article 36 of the Regulation on Pharmaceutical Products brings responsibility on
Ministry of Health not to divulge the information disclosed by the applicant during the application ofmarketing permission.IP/C/W/227
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(2) Additionally Civil Servants Act Article 31 brings responsibility on civil servants
employed in the Ministries and in the public institutions not to divulge secret business information
related to their service.
Infringing acts against those last two legislation brings responsibility of the public
administration in accordance with Article 125 of the Constitution.  (Article stipulates that recourse tojudicial review shall be available against all actions and transactions of public administrations.)
Through those judicial review the public administ ration may be obliged to pay compensation in the
Administrative Court to the persons whose secret in formation divulged by the civil servants in the
administration.
(3) Article 83/3 of Patent Decree states that information and test results should be kept
confidential by the authorities (Turkish Patent Institute) when they are issuing licences for
manufacture.
I. E
NFORCEMENT
20. Please describe in detail the civil actions and remedies that are available under Turkey's laws
to rightholders in plant varieties and undisclosed in formation, that permit effective action against any
act of infringement to prevent infringement and deter further infringement, and cite to the provisionsof law providing for those remedies.
Turkey's Plant Variety legislation is in the form of draft law, and has not yet came into force.
For that reason protection of plant varieties and undisclosed information related to them are
provided through the general provisions of unfa ir competition stipulated in Turkish Commercial
Code.  (See the answer under the question of 18.)
Those are Articles of the Turkish Commercial Code:
Section 56.  Unfair competition is the abuse of economic competition in any manner by
means of deceitful acts or other acts incompatible with good faith.
Acts incompatible with good faith are as follows:
1- discrediting others or their goods, their activities, or the products of their work or
their commercial affairs by means of wrong, deceitful or uselessly offensive statements;
2- giving information contrary to truth regarding the morality or financial capacity of
another person;
3- giving wrong or deceitful information regarding one's own situation, goods and the
products of one's work, one's commercial activity or  commercial affairs of acting in the same manner
regarding third persons and putting them in a situation above their competitors.
4- acting as if one had obtained a distinction, degree or reward without having obtained
the same and trying to create thus the impression that one has exceptional capacities or using falsetitles or professional names which are liable to create this impression.
5- trying to create confusion with the goods and products of the work, the activity or the
commercial undertaking of another person or having recourse to measures likely to create this
confusion, particularly using names, titles, marks, signs and similar distinctive means legally used byIP/C/W/227
Page 49
another person, or selling or keeping for a reason other that personal needs, goods giving place to
confusion, knowingly or unknowingly.
6- assuring or promising to the employees, agents or other assistants or third persons
advantages to which they are not entitled with a view or in a manner to secure advantages for self orfor others by inciting them to fail in their duty.
7- deducing the employees, agents or other assistants and getting them to divulge or
obtain the trading or manufacturing secret s of their employer or of his agents.
8- taking an illicit advantage from trading or manufacturing secrets obtained or learnt in
a manner incompatible with good faith or divulging them to others.
9- issuing certificates of good conduct or capacity, contrary to truth so as to deceive
persons of good faith.
10- failing to comply with the conditions of working life determined by laws, regulations,
contracts and professional or local customs which are also effective as regards competitors.
B) Juridical liability:(i) Miscellaneous clauses:
Section 58.  Anyone who, through unfair competition, suffers injury as regards his customers,
his credit, his professional reputation, his commercial undertaking, or his other economic interests or
is exposed to such a danger may demand:
(a) the establishment of the existence of unfair competition;
(b) the prevention of unfair competition;(c) the suppression of the material conditions resulting from unfair competition and, if
unfair competition rests on untrue or deceitful statements, the rectification of these
statements;
(d) compensation of damages, if there is a fault;(e) the payment of moral damages in case of existence of the circumstances in Section 49
of the Code of Obligations.
The judge may also order the payment of the value of advantages which the defendant might
secure through unfair competition, as damages in favour of the plaintiff and in accordance with the
provision Paragraph (d).
Customers whose economic interests have been injured through unfair competition may also
open the actions indicated in the first paragraph.
Chambers of Commerce and Industry, craftsmen's associations, Exchanges and other
professional and economic unions empowered to protect the economic interests of their membersaccording to their statutes may also open the actions indicated under Paragraphs (a), (b) and (c) where
their members or the members of their branches have the right to sue in accordance with the first and
second Paragraphs.IP/C/W/227
Page 50
Any judgment passed against a person in pursuance of sub-paragraphs (a) and (b) of the first
Paragraph shall also be enforceable against persons having obtained directly or indirectly the goods
which are the object of unfair competition.
(ii) Liability of employer:
Section 59.  If unfair competition is committed by employees  or workers during their service
or work, the actions mentioned under sub-paragraphs (a), (b) and (c) of the first Paragraph may be
brought also against their employers.
The provisions of the Code of Obligations apply to actions mentioned under sub-paragraph
(d) and (e) of the first Paragraph of the foregoing section.
(iii) Responsibility of the press:
Section 60.  If unfair competition has been committed through the press, the actions
mentioned under Paragraphs (a), (b) and (c) of Section 58 may be brought only against the personshaving written the article or given the advertisement.
(a) If the article or the advertisement have been published without the knowledge or the
approval of the author of the article or of the advertiser;
(b) If it is refused to disclose the identity of the person having written the article or given
the advertisement;
(c) If, for other reasons, it is impossible to find out the author of the article or the
advertiser or to sue them before a Turkish court;
These actions may be brought also against the editor in chief and if it is an advertisement,
against the advertising manager, if the editor in chief or the advertising manager have not been
designated or do not exist, against the publisher and if he has not been designated either, against the
printer.
Furthermore, if a fault can be attributed to the editor in chief the advertising manager, the
publisher or the printer, an action may be brought against the persons who are at fault, without taking
into account the foregoing order.
The provisions of the Code of Obligations apply for the actions indicated under sub-paragraph
(d) and (e) of the first Paragraph of Section 58.
(iv) Publication of the judgment
Section 61.  On application by the winning party the court may order the publication of the
judgment, after it has become final, at the expense of the losing party.  The judge shall determine theform and the extent of the advertisement.
(v) Prescriptions:
Section 62.  Actions indicated under Section 58 are barred by limitation at the and of one year
after the date at which the party entitled to sue has obtained information that these rights have
originated and in any case at the end of three years after these rights have originated.  If however a
punishable act has been committed which is subject to a longer period of prescription according to
penal laws, this period shall also apply in civil actions.IP/C/W/227
Page 51
(vi) Measures  of conservation:
Section 63.  Following the petition of the person en titled to sue, the court may decide that the
existing conditions be maintained, that the material situation resulting from unfair competition besuppressed as indicated under sub-paragraphs (b) and (c) of the first Paragraph of Section 58, that
unfair competition be prevented, that untrue or deceitful statements be rectified and that the other
necessary measures be taken, in accordance with the provisions of the Civil Procedure Code regarding
measures of conservation.
C) Penal liability:
(i) Punishable acts:
Section 64.(1) Anyone who commits willfully the acts of unfair competition indicated under
Paragraphs I;  2, 4, 5, 6, 8 and 9 of Section 57;
(2) Anyone who intentionally supplies untrue  or deceitful information regarding his
personal situation, his goods, the products of his work, his commercial activity and his business so as
to have his proposals and offers preferred to those of his competitors;
(3) Anyone who seduces employees, agents and other assistants in order to get them to
disclose the trading and manufacturing secrets of his employer or principals;
(4) Anyone who learns from employers or agents that their worker employees or agents
commit an act of unfair competition liable to be punished, when doing his work, and does not prevent
this act or does not rectify statements contrary to truth;
Shall, on a complaint made by one of those who are entitled to bring a civil action under
section 58, be sentenced by the criminal court to imprisonment for a term of one month to one year or
to a  fine of 500 to 1.000 liras, or to both penalties.
Anyone who continues the act of unfair competition, unchanged or with accessory changes,
not withstanding the final judgement concerning the prohibition of unfair competition shall be liable
to imprisonment for a minimum term of six months and to a heavy fine of 5.000 to 10.000 liras and
the offender shall be prosecuted ex officio.
21. Please indicate whether decisions on the merit in court proceedings are provided in writing
and if those written opinions are available to the public so that people can become familiar with the
law.
The Court of Cassation publishes a monthly journal based on decisions on the merit in court
proceedings. Civil and criminal decisions in all fields including intellectual property disputes, takenby the lover courts and the appeal verdict of the Court of Cassation have been published and made
available to the public through this journal.
22. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcementfor each of the years 1998 and 1999, including th e number of cases filed; injunctions issued;
infringing products seized; infringing equipment seized; cases resolved (including settlement); and
the amount of damages awarded.IP/C/W/227
Page 52
The statistical questions7 on civil enforcement on copyright, trademark, geographical
indication, industrial design, patent etc shall be forwarded to the courts for the year 2000 and later.
For that reason the respond to this question could not been provided at this stage.
Since entering into force in 1996 of Article 21 of the previous Customs Law No. 1615 and
subsequently the Customs Law No. 4458 (Article 57 thereof) (IP/N/1/TUR/C/2), which is currently in
force, 18 right holders have applied to customs administration for the suspension of the customs
procedure of the goods being alleged to bear counterfeit trademarks.
Three thereof were in generic manner (not indicating specific targets nor presenting data) and
the customs authorities have been cautious during 30 days in accordance with Article 178 of the
Regulation laying down the implementing provisions of Customs Law No. 4458.  Fourteenapplications have resulted in suspensions of the customs procedures upon submissions of court
decisions, three cases thereof have been disposed of in favour of defendants, accordingly the goods
have been released by the customs administration, and 1 case thereof has been disposed of by final
judgement in favor of the applicant; other cases are still ongoing. In one case the applicant has
withdrawn his application,
It is hereby provided the cases for the years 1998 and 1999:In 1998,
- two right holders applied to customs administration for suspension of the customs
procedure of the goods allegedly bearing counterfeit trademarks and the customs
procedures were suspended upon the submission of court decisions by the applicants.
One case of them was disposed of by final judgement in favour of defendant and the
goods released accordingly.
In 1999,- six right holders applied to customs administration for suspension of the customs
procedures of the goods allegedly bearing counterfeit trademarks.  Five customs
procedures thereof were suspended upon the submission of court decisions by the
applicant.  In one case, the applicant withdrew his application, and one case wasdisposed of by final judgement in favour of the applicant.
Turkish Customs Administration (Undersecretariat of Customs) intends to promote
possibilities of the application right provided under customs legislation and to make it one of the best
known instruments of protection in intellectual and industrial production sectors.
23. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of the years 1998 and 1999, including the number of
raids, prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines
were paid and whether the jail term was actually served or was suspended) and any other information
establishing that be criminal system operates effectively to deter copyright piracy and trademark
counterfeiting.
Statistical information related to criminal enforcement on patents, designs, geographical
indications, trademarks, cinematography works and literary and artistic works.
                                                     
7 Such data has been prepared by the General Dir ectorate of Criminal Records and statistics of the
Ministry of Justice.IP/C/W/227
Page 53
Number of criminal actions8 brought in 1997, 1998 and 1999.
1997 1998 1999 Acquittal
(1999)Conviction
(1999)
Patents 49 31 8 %48 %24
Designs 3 80 0 - -
Geographical
Indications00 0 - -
Trademarks 889 1550 1199 %18 %40.4
Cinematographic
Works144 151 115 %27 %29.7
Literary and Artistic
Works65 234 313 %24.4 %40.4
Average duration for criminal cases in 1998 and 1999:
1998 1999
Patents 281 days 496 days
Designs 0 0
Geographical Indications 0 0
Trademarks 265 days 322 days
Cinematographic Works 316 days 295 days
Literary and Artistic Works 200 days 272 days
                                                     
8 Statistical data questions organized so far (by th e General Directorate of the Criminal Records and
Statistics of the Ministry of Justice) are not appropriat e to respond to the questions on raids and details of the
amount of fines and/or jail terms for each individual decision. The current data is based on the final decision's
being acquittal or conviction.IP/C/W/227
Page 54
Correlation of the criminal actions according to the geographical area of Turkey:
1998
Geographical
AreaPatents Designs Geographical
IndicationsTrademarks Cinematographic
WorksLiterary and
Artistic Works
Mediterranean 0 0 0 338 47 14
East Anatolia 7 0 0 2 6 5
Egean Region 2 0 0 222 8 34
South East 0 78 0 18 28 0
Central
Anatolia4 0 0 165 17 32
Black Sea
Region10 0 0 56 11 11
Marmara
Region8 2 0 749 34 138
Total 31 80 0 1550 151 234
1999
Geographical
AreaPatents Designs Geographical
IndicationsTrademarks Cinematographic
WorksLiterary and
Artistic Works
Mediterranean 0 0 0 340 3 9
East Anatolia 0 0 0 7 17 3
Egean Region 1 0 0 243 15 43
South East 0 0 0 36 11 1
Central Anatolia 0 0 0 112 14 73
Black Sea
Region10 0 6 5 1 6 8
Marmara Region 6 0 0 395 34 176
Total 8 0 0 1199 115 313IP/C/W/227
Page 55
24. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in Turkey, particularly initiatives related to criminal enforcement.
[No answer supplied.]
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