* This English translation is for informative purposes only and not an authentic translation of the 
original Turkish texts. 
 
LAW ON PATENT AND TRADEMARK ATTORNEYSHIP AND CERTAIN 
REGULATIONS1 
 
Law Number  : 5000 
Acceptance Date  : 6/11/2003 
Official Gazette Published  : Date: 19/11/2003 Number: 25294 
Published Code  : Arrangement: 5Volume: 42  
 
PART ONE 
General provisions 
 
FIRST PART 
Foundation and Purpose 
Foundation and purpose 
Article 1- (Repealed: 2/7/2018-KHK-703/86 art. ) 
 
Definitions 
Article 2- (Repealed: 2/7/2018-KHK-703/86 art. ) 
 
SECOND PART 
Duties and Bodies 
Duties 
Article 3- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
Organs and units 
Article 4- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
Board of Directors 
Article 5- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
Duties and powers of the Board of Directors 
Article 6-  (Repealed: 2/7/2018-KHK-703/86 art. )  
 
1While the name of this Law is “The Law on the Establishment and Duties of the Turkish Patent Institute 
(The Law on the Amendment of the Decree Law on the Establishment and Duties of the Turkish Patent 
Institute with the Amendment of the Decree Law and the Annex of the Decree on the General Staff and 
Procedure Amendments to the Schedules and the Law on Civil Servants)”, 22/ It has been amended as 
“Law on the Establishment and Duties of Turkish Patent and Trademark Office” with Article 188 of the 
Law No. 6769 dated 12/2016, and then changed as it was included in the text with Article 86 of the 
Decree Law No. 703 dated 2/7/2018 .  
Advisory Board 
Article 7- (Repealed: 2/7/2018-KHK-703/86 art. ) 
Article 8- (Repealed: 2/7/2018-KHK-703/86 art. ) 
 
Presidential 
Article 9- (Repealed: 2/7/2018-KHK-703/86 art. ) 
 
Intellectual Property Academy and Industrial Property Rights Training Center2 
Article 10- (Repealed: 2/7/2018-KHK-703/86 art. ) 
 
PART TWO 
Service Units 
 
FIRST PART 
Main Service Units 
Main Service Units 
Article 11- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
Department of Patents 
Article 12- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
Department of Brands 
Article 13- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
Department of Designs3 
Article 14- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
Department of European Union and Foreign Relations4 
Article 15- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
Department of Innovation and Promotion 
Article 15/A-  (Added: 22/12/2016-6769/172 art. ; Abolished: 2/7/2018-KHK-703/86 
art. ) 
 
2While the title of this article was “Re-examination and Evaluation Board”, it was changed as it was 
written in the text with Article 168 of the Law No. 6769 dated 22/12/2016. 
3While the title of this article was "Department of Industrial Designs", it was changed as it is in the text 
with Article 170 of the Law No. 6769 dated 22/12/2016. 
4While the title of this article was "Department of International Relations", it was changed as it is in the 
text with Article 171 of the Law No. 6769 dated 22/12/2016.   
Department of Geographical Indications 
Article 15/B-  (Added: 22/12/2016-6769/172 art. ; Abolished: 2/7/2018-KHK-703/86 
art. ) 
 
Department of Re-examination and Evaluation 
Article 15/C-  (Added: 22/12/2016-6769/172 art. ) 
(Repealed first paragraph: 2/7/2018-KHK-703/86 art. )  
(Repealed second paragraph: 2/7/2018-KHK-703/86 art. )  
The decisions of the Re-examination and Evaluation Department are the final decisions 
of the Institution. Against these decisions, a lawsuit can be filed in Ankara Civil Court of 
Intellectual and Industrial Rights within two months from the notification date of the decision. 
The decision regarding the annulment of the decisions of the Re-examination and Evaluation 
Board cannot be executed until it is finalized. This provision is also applied to the associates of 
the writ. The statute of limitations for the aforementioned writs starts from the date of 
finalization of the decision. 
 
SECOND PART 
Auxiliary Service Units  
Auxiliary Service Units 
Article 16- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
Personnel Department 
Article 17- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
Support Services Department5 
Article 18- (Repealed: 2/7/2018-KHK-703/86 art. ) 
 
Information Processing Department6 
Article 19- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
advisory units 
Article 20- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
Research, Planning and Coordination Department 
 
5While the title of this article was "Administrative and Financial Affairs Department", it was changed 
as it is in the text with Article 174 of the Law No. 6769 dated 22/12/2016. 
6While the title of this article was "Information, Documentation and Data Processing Department", it 
was changed as it is in the text with Article 175 of the Law No. 6769 dated 22/12/2016. Article 21- (Repealed: 22/12/2005-5436/17 art. )  
 
Legal Consultancy 
Article 22- (Repealed: 2/7/2018-KHK-703/86 art. ) Strategy Development Department 
Article 22/A-  (Added: 22/12/2016-6769/178 art. ; Abolished: 2/7/2018-KHK-703/86 
art. ) 
 
PART THREE 
Appointment Conditions, Budget and Staff 
 
FIRST PART 
Appointment Conditions 
Appointment conditions 
Article 23- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
SECOND PART 
Audit, Revenues, Expenses and Budget 
Audit 
Article 24- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
Revenues, expenses and budget7 
Article 25- (Repealed first paragraph: 2/7/2018-KHK-703/86 art. ) 
(Repealed second paragraph: 2/7/2018-KHK-703/86 art. ) 
The income, transactions and real estates of the institution are exempt from all kinds of 
taxes, duties and fees, no guarantee is sought in lawsuits. 
(Abrogated fourth paragraph: 2/7/2018-KHK-703/86 art. ) 
, the amount of fees specified in the tariff number 8 of the Fees Law dated 2.7.1964 and 
numbered 492 is collected by the Institute together with the fees to be collected for the services to 
be performed by the Institute, and the fees collected in this way are transferred to the Ministry of 
Finance on a monthly basis.  
 
THIRD PART 
Employee 
Employee 
Article 26- (Repealed: 2/7/2018-KHK-703/86 art. ) 
 
Staff of the institute 
Article 27- (Repealed: 2/7/2018-KHK-703/86 art. )   
 
7With Article 188 of the Law No. 6769 dated 22/12/2016, the phrase "Institute" in the third, fourth and 
fifth paragraphs of this article has been changed to "Institution", and the phrase "Institute" in the fifth 
paragraph has been changed to "Institution".  
PART FOUR 
Other Provisions 
Provisions that will not apply89 
Article 28- The provisions of the General Accounting Law dated 26.5.1927 and 
numbered 1050 shall not apply to the works and transactions envisaged to be carried out by the 
Institution established by this Law . The property of the Institution is considered as State 
property. (8) 
 
regulations 
Article 29- (Repealed: 2/7/2018-KHK-703/86 art. ) 
 
Persons authorized to act as a proxy before the Institute 
Article 30- (Amendment: 22/12/2016-6769/181 art. ) 
Natural or legal persons authorized to provide consultancy on industrial property rights 
and traditional product names and to act on behalf of applicants before the Authority, patent 
attorneys on patents, utility models and integrated circuit topography; brand attorneys for 
brands, geographical indications and traditional product names; on design, they are both patent 
attorneys and trademark attorneys. 
In order to be a patent attorney or trademark attorney, real persons must meet the 
following conditions: 
a) Being a citizen of the Republic of Türkiye. 
b) To have the capacity to act. 
c) To graduate from one of the higher education institutions that provide at least four 
years of undergraduate education or from one of the higher education institutions abroad whose 
equivalence is accepted by the competent authorities. 
d) Even if the periods specified in Article 53 of the Turkish Penal Code dated 26/9/2004 
and numbered 5237 have passed, a prison sentence of five years or more for an intentionally 
committed crime or even if pardoned, crimes against the security of the State, the constitutional 
order and this not to be convicted of crimes against the functioning of the order, embezzlement, 
extortion, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, rigging the tender, 
rigging the performance of the performance, laundering the assets arising from the crime or 
smuggling. 
e) Having a residence in Türkiye. 
f) To be successful in patent attorney or trademark attorney exams. 
for a legal entity patent attorney or trademark attorney to be established as a limited 
liability or joint stock company in accordance with the laws of the Republic of Türkiye, the 
 
8Regarding the implementation of this article, see article 81 of the Law No. 5018 dated 10/12/2003.  
9With Article 188 of the Law No. 6769 dated 22/12/2016, the phrase "Institute" in the first paragraph of 
this article was changed to "Institution" and the phrase "Institute" as "Institution". business subject to cover the patent attorney or brand attorney activity, and the patent attorney 
or trademark attorney must be represented by real persons. Even if a real person attorney is a 
partner or employee of more than one legal entity attorney, he/she can use his/her power of 
attorney to represent only one legal entity attorney. Those who use their power of attorney in 
this way cannot act as a proxy as a real person. A real person attorney is jointly and severally 
liable to the person giving power of attorney together with the legal entity representative he/she 
represents, provided that personal criminal responsibility is reserved . 
Patent attorney and trademark attorney exams are held every two years by the decision of 
the Board of Directors. Those who meet the conditions specified in subparagraphs (a), (b), (c) and 
(d) of the second paragraph are accepted to the exam. 
The winners of the patent attorneyship or trademark attorneyship exams are required to 
register in the Patent Attorneys Registry to be able to act as patent attorneys, and to the Trademark 
Attorneys Registry to be able to act as trademark attorneys. The duration and amount of the 
professional liability insurance required for registration and renewal of registration is determined 
by the Board of Directors. 
The procedures and principles regarding the examination and registration procedures 
related to patent attorneyship and trademark attorneyship, and other matters related to patent 
attorneyship and trademark attorneyship are regulated by a regulation. 
Exam, document issuance, registration and registration renewal fees for patent 
attorneyship and trademark attorneyship are determined by the Authority. 
Regarding the power of attorney, in cases where there is no provision in this Law, the 
provisions of the Turkish Code of Obligations dated 11/1/2011 and numbered 6098 shall apply. 
 
Disciplinary penalties, acts to be penalized and disciplinary committee 
Article 30/A- (Annex: 22/12/2016-6769/182 art. ) 
The disciplinary punishments written in this Law are applied to those who act and 
behave in violation of the professional rules of patent attorney and trademark attorneyship, 
which are prepared by the Institution after taking the opinion of the Union of Chambers and 
Commodity Exchanges of Türkiye and the agency with the highest number of members, and 
published on the official website of the Institution, and those who do not perform the duties 
required by attorneyship. 
Disciplinary penalties to be given to patent attorneys and trademark attorneys and the 
acts and situations to which disciplinary punishment will be applied are as follows: 
a) Warning: It is a written notification that more care should be taken in the execution 
of the attorneyship and in professional attitudes and behaviors. A warning penalty is imposed 
on deputies who behave and behave in violation of the professional rules. 
b) Reprimand: It is a written notification of fault in the execution of the attorneyship 
and professional attitudes and behaviors. A reprimand is imposed on those who receive a 
warning but commit an act requiring the same penalty within two years, or fail to fulfill the 
obligations required by the attorneyship, or act as attorneys for parties whose interests are opposite in any transaction carried out before the Institution. 
c) Temporary detention from acting as an attorney: It is prohibited from acting as an attorney 
for not less than three months and no more than one year. A temporary detention penalty is imposed 
on attorneys who receive a reprimand but commit the same penalty within five years, or who use 
the rights and powers of attorneyship with an example contrary to the original of the power of 
attorney, or who use the title, internet domain name or other means of promotion belonging to the 
Institution in a way that causes confusion. . 
d) Removal from attorneyship: It is an indefinite ban from attorneyship activity. A 
penalty of dismissal from attorneyship is applied to those who are temporarily suspended from 
acting as attorneys and act within five years that require the same punishment. 
If an investigation is not initiated within three months from the moment it is learned that 
the acts and conditions listed in the second paragraph have been committed, and if a disciplinary 
punishment is not given within two years from the date of committing the acts and conditions 
that require punishment, the authority to impose disciplinary punishment shall be time-barred. 
Penalties within the scope of the second paragraph must be given within thirty days 
following the completion of the investigation. 
No disciplinary punishment can be given to the attorneys without their defense. The 
attorney who fails to make his defense within the time period given by the investigator or on 
the specified date, not less than seven days, shall be deemed to have waived his right of defense. 
Disciplinary penalties take effect from the date they are given and are applied 
immediately. 
Administrative jurisdiction may be appealed against the decision to impose or not to 
impose a disciplinary penalty. Those who are dismissed from patent attorneyship or trademark 
attorneyship as a result of a finalized disciplinary decision cannot be a patent attorney or 
trademark attorney again. 
Patent and Trademark Attorneys Disciplinary Board; It consists of a total of seven 
people, including one member from the Ministry, three members from the Institute, and three 
members from patent attorneys or trademark attorneys who have practiced their profession for 
at least five years and have not received one of the penalties specified in the second paragraph 
with a decision given by the Disciplinary Board. Alternate members are determined in the same 
number and on the same basis. All members are appointed by the Minister of Science, Industry 
and Technology. While the President of the Institution proposes the members to be selected 
among patent attorneys or trademark attorneys to the Ministry, he receives the opinion of the 
two chambers of commerce with the highest number of members and the two associations with 
the highest number of members. 
The term of office of the members of the Disciplinary Board is three years. In the event 
that a lawsuit is filed against one of the members for a crime specified in subparagraph (d) of 
the second paragraph of Article 30, this member cannot attend the meetings until the end of the 
lawsuit and an alternate member is replaced. The member who cannot attend the meeting due 
to a valid excuse must notify the excuse before the meeting date. The membership of the member who does not attend two consecutive meetings without an excuse or loses his eligibility 
for being elected ends and an alternate member takes his place. 
Procedures and principles regarding the Disciplinary Board, the procedure to be 
followed in the determination of acts that require disciplinary punishment and other matters 
related to discipline are regulated by a regulation. 
 
Trademark protection period for unpublished material 
Article 31- (Annulled: With the Decision of the Constitutional Court dated 
31/1/2008 and numbered E.: 2004/3, K.: 2008/47.)  
 
Article 32-33- ( It is related to the Civil Servants Law No. 657 and has been 
replaced.) 
 
rosters 
Additional Article 1-  (Added: 22/12/2016-6769/183 art. ; Abolished: 2/7/2018-
KHK-703/86 art. )  
 
Temporary Article 1- (Repealed: 2/7/2018-KHK-703/86 art. )  
 
Temporary Article 2- (Repealed: 2/7/2018-KHK-703/86 art. ) 
 
Provisional Article 3- (Annex: 22/12/2016-6769/184 art. )10 
The duties of those who are in the positions of President, Vice-President and Head of 
Department in the list numbered (2) attached to the Law establishing this article shall expire on 
the effective date of this Law, and those who are in the positions of President of the Graduate 
School, Vice-President of the Institute in the order established by the attached list numbered 
(1). Head of the Turkish Patent and Trademark Office and Vice President of the Turkish Patent 
and Trademark Office, those who are in the positions of the head of the department are deemed 
to have been appointed to the consultancy positions established with the list (3) attached to the 
Law establishing this article. If the consultant positions created with the list (3) attached to the 
Law establishing this article are vacant for any reason, they are deemed to have been canceled 
without the need for any further action. 
As per this article, the contract wage, wage, compensation, monthly, additional indicator, 
bonus (net amount corresponding to one month), all kinds of raises and compensations, which the 
personnel deemed to have been appointed to the consultancy staff received in the last month 
regarding their former staff as of the date of their appointment to the new staff, compensation, 
representation compensation, duty compensation, additional salary, supplementary payment, 
incentive payment and similar payments (excluding overtime wages and additional course fees due 
 
10Regarding the cadres in this article, see the Official Gazette dated 10/1/2017 and numbered 29944. to actual work in accordance with the relevant legislation) taken); Contract fee, wage, 
compensation, monthly, additional indicator, bonus (net amount corresponding to one month), all 
kinds of raises and compensations, office compensation, representation compensation, duty 
compensation, additional salary, additional payment, incentive for newly appointed positions. In 
the event that the amount of the payment and all kinds of payments made under similar names are 
more than the total net amount (excluding overtime wages and additional course fees due to actual 
work in accordance with the relevant legislation), the difference amount is paid separately as 
compensation until the difference is closed, without being subject to any tax or deduction. The 
payment of difference compensation is terminated to those who have a voluntary change in the title 
of their assigned position and those who have been appointed to other institutions voluntarily. 
The personnel working as patent specialist and trademark specialist at the Institute on the 
date of entry into force of this Law, and the personnel working as assistant patent specialist and 
assistant brand specialist are deemed to have been appointed to the cadres of industrial property 
assistant specialists, with their current staff degrees, without the need for any further action. 
 
Force 
Article 34- This Law enters into force on the date of its publication. 
 
Executive 
Article 35- The provisions of this Law are executed by the Council of Ministers. 
 
 
LEGISLATION BRINGING ADDITIONALS AND AMENDMENTS TO THE LAW 
NUMBER 5000 OR 
IMPLEMENTATION OF CONSTITUTIONAL COURT DECISIONS 
LIST SHOWING ENTRY DATES 
 
Number of Amending 
Law/ Decree Law or 
Constitutional Court 
Decision Amended or Canceled Articles of 
Law No. 5000 Effective Date 
5436 20, 21 24/12/2005 
Decision of the 
Constitutional Court 
dated 31/1/2008 and 
numbered E.: 2004/3, K.: 
2008/47 31 20/3/2008 
Decree 666 26 2/11/2011 to be effective 
from 14/1/2012 6769 Name of the law, 1, 2, 3, 4, 5, 6, 7, 8, 
9, 10, 11, 13, 14, 15, 15/A, 15/B, 
15/C, 16, 17, 18, 19 , 20, 22, 22/A, 
23, 24, 25, 26, 28, 29, 30, 30/A, 
Supplementary Article 1, Provisional 
Article 2, Temporary Article 3 10/1/2017 
7061 3 5/12/2017 
Decree/703 Name of the Law, 1 to 15 B, 15/C, 16 
to 24, 25, 26, 27, 29, Supplementary 
Article 1, Provisional Article 1, 
Temporary Article 2 on 24/6/2018 together made 
Turkish Grand National 
Assembly And Presidency 
elections as a result 
President's swearing on duty 
started on the date (9/7/2018)