The establishment of the Turkish Patent Institute has hereby been decided by the Council of Ministers on 19/6/1994 based on the power granted by the Law No:4004 dated 16/6/1994.
Turkish Patent Institute has hereby been established, as an independent legal entity with a special budget being attached to the Ministry of Industry and Trade to be liable under special judiciary provisions for matters not provisioned by this Decree-Law, with the objective of supporting the technological development in Turkey and of establishing and protecting of industrial property rights, as well as providing the public with the worldwide information on industrial property rights, thereby supporting the cultivation of a competitive environment and the development of research & development activities. The Turkish Patent Institute established as a public institution shall have ”TPE” as its initials.
The headquarters of the TPE is in Ankara.

Institute, with the objective of giving support to the technological and industrial development of the country, shall:

a) implement services for the registration of industrial property rights provisioned by the Patent and the Trademark Laws and other related Acts and undertake related activities for the protection of such rights thereof,
b) act as the mediator in the cases of compulsory licensing and act as technical advisors at the courts,
c) enter into the related registers the transfer and licensing agreements,
d) keep watch on the usage of inventions, and store and disseminate information on new technologies and technology transfers,
e) establish co-operation with international organisations and other foreign organisations which are active in the same area of interest,
f) represent Turkey at the international organisations as approved by the Ministry,
g) contribute to the preparation of the international agreements on industrial property rights within the perspective of the country’s needs and interests, and implement these agreements in Turkey,
h) undertake co-operation with international organisations which are pursuing technology and research & development activities, and create documentation centres and supply information to the public,
i) publish material on industrial property rights and a periodical with the name of Turkish Industrial Property Gazette,
j) undertake necessary studies and action to inform the public on the developments in industrial property matters,
k) undertake other functions as delegated by the laws.

The Functions and Powers of the Managing Board

The Managing Board shall be responsible for ensuring that the Institute performs the duties conferred on it by this Decree-Law and other statutory obligations. For these purposes the Board:
a) shall take all the necessary administrative, financial and technical measures to enable the Institute to perform its duties efficiently and productively. Shall prepare the implementing regulations and put to implementation, upon the approval of the Ministry as required for the effective performance of the Institute.
b) shall execute the statutes related with the Institute,
c) shall approve the Institute’s budget,
d) shall deliberate and decide upon the activity and financial reports,
e) shall prepare and execute short and long term work programmes and determine topics of research on industrial property rights within the perspectives of the development plans and the yearly programmes,
f) shall prepare, and submit for approval to the Ministry, the schedule of fees to be implemented for the services of the Institute,
g) shall decide upon the appointments requested by the President,
h) shall, where necessary call the meetings of the Advisory Board,
i) shall deliberate and decide upon the advisory decisions of the Advisory Board,
j) shall decide on organising symposiums, seminars, conferences or similar activities to inform the public on the topics within the Institute’s area of responsibility,
k) shall create, where it is found to be necessary, permanent or ad hoc committees to obtain the observations of experts in the industrial property area,
l) shall decide on the purchase, sale or rental of fixed and liquid assets of the Institute and on the construction of an administration building.
The Managing Board shall have a minimum of two meetings a month, at the request of the Chairman of the Board.
The Managing Board shall convene with a minimum of four members, and decisions shall be taken by a simple majority of those attending. In case of equal casting of votes, the Chairman’s vote shall count as double.
One or more members of the Managing Board may assign powers of attorney to the Chairman in writing and defining clearly the scope of the assigned power. However, such assignment of power shall not remove the liabilities of the assigning member.

Legal Department

The functions of the Legal Department shall be:
a) to undertake work for updating the provisions of the statutes related with industrial property rights,
b) to act as advisors to the Managing Board and the Presidency in respect of legal matters,
c) to keep ready for service, national and international laws, treaties, regulations, other statutes, reports and related works dealing with industrial property rights,
d) to represent the Institute at the courts,
e) to execute other tasks as may be delegated by the Presidency.
Attorneys at law, Legal Advisers and other personnel working in the Legal Department are also entitled, within the provisions of the Law no: 1389 on the Counselling Fees to be awarded to the Attorneys at Law Representing the State at Courts, to the counselling fee as determined by the courts and execution offices.

Özgür Eralp

(Lawyer – Advocate – Attorney At Law – Legal Adviser – Counselor at law)