Geographical Indications in Turkey
.jpg)
‘‘Geographical indications are the names or signs that indicate a product which has become identical with a locality, area, region, or nation it originally resides in, in terms of a distinctive feature, title and other qualities.’’
Geographical indications are the marks given to the natural, metal, agricultural, industrial and handmade products which are distinguished by their qualities differing from others and identified with the area or region they are produced in.
Let's give a few examples from Turkey for a better understanding of this indication. Şile cloth, Ezine cheese, Aegean cotton, Kayseri pastramis, Antep pistachios, Çorum chickpeas...
Origin Name: If all the processes related to the production of a product which is subject to the protection of an indication are carried out in the agreed geographical region, the markings on this issue are called origin name. Origin name means that the product subject to origin name must be produced in the place where it is described.
Indication of Source: If at least one of the processes related to the production of a product is required to be carried out in the agreed geographical region, the markings on this issue shall be called indications of source.
At least one of the characteristics of the product subject to the indication of source can be produced outside the region, provided that it originates from that locality. In this production process, it is essential that the production patterns for the geographical region must be maintained and the resulting product must have the same product quality.
Products cannot be produced outside their geographical area. Because, when the product is produced within the scope of the area to which it belongs, it can obtain its own characteristics.
With this sign that is not fully understood when it is first heard, it is desired to say: Some qualities or characteristics associated with a specific region or geography of a product must be produced in this region and this product should have a certain level of awareness and quality in the consumer in this respect. Any product, rug, stone or engravings prepared with different materials belonging to a locality may be separated from products produced in other regions. A product made in a region may be famous for carpets, rugs and the like. In these kinds of products, the use of the name given to that area is perceived as a certain quality of the product in the consumer segment and the product is accepted as trusted. The consumer segment may prefer products that are sold with the name of the region, rather than other products having the same characteristics, by relying on the name of the region.
In addition to not having any information about how these signs have occurred, which means that unlike having them legally protected, the emergence of these signs is quite ancient. These markings, which emerged as the first forms of brands to indicate the origin of the products presented, were used primarily to differentiate products which are important on a geographical basis. From a number of sources, it can be seen that these marks were first used to express or label the geographical origins of products such as weaving and spices in Central Europe and England in the 12th century. According to the information contained in other sources, in ancient Egypt, the description of the products was made and the product origins were conveyed in the form of quality signs. In the middle ages, European merchants used such signs in their products in order to ensure the consumer's selectivity for the product.
Products that have a reputation for the name of a particular region, which are not mentioned by that region but are affected by the geographical origin of that region, do not mean geographical indications. In other words, regions, territories or countries that have a particular product do not form a source for a geographical indication. There are some basic provisions in this regard. In order for a product to be pronounced as a sign, it needs to have some actors. These actors can be listed as follows:
- A specific geography,
- A product name (an indication),
- A distinguishing characteristic of the product,
- A relationship between the distinguishing characteristic of the product and the specific geography.
Geographical Indication Registration Process in Turkey
The protection of the mentioned indications takes place under the relevant conditions of the Legislative Decree No. 555 in the eye of the Turkish Patent Institute.
In order to register these markings to be registered, if you apply to our System Patent Company with a petition application along with the producers of the relevant marks, all transactions with the Institute will be carried out by us on your behalf. The protection of the marking is only valid in the territory of the country where the registration was made. For this reason, a registered mark must be registered in all the nations where protection is requested so that it can be protected.
Documents required in Turkey for application to the Turkish Patent Institute through Sistem Patent are as follows:
- A petition including information about the applicant's identity,
- The name of the origin name or the indication of source to be registered and the name of the product in question,
- Product description, technical information and documents describing the chemical, physical, microbiological and related properties of the product and possibly the raw material,
- Identification of geographical boundaries of the area, region or territory, as well as identifying information and documents,
- Information describing in detail the manner of inspection,
- Information describing in detail the forms of activity, marking, signing, or labeling of the registered name of the origin name or of the indication of source,
- Document showing that the application fee has been paid.
The Turkish Patent Institute examines the application pro forma and requests that the application be analyzed by one or more specialized public bodies, universities or private institutions in order to prove relevant technical information (if needed) in case of appeal. In this regard, the amount to be paid to the relevant institution and organization and the fee to be charged in connection with the services to be performed by the Institute shall be paid to the Institute by the applicant.
After the examination, the application is submitted to the Official Gazette, the two most prestigious daily newspapers distributed throughout the country and a local newspaper under the supervision of the Institute. Within 6 months after the application is announced in the Official Gazette, the persons concerned have the right to appeal to the Institute for the invalidation of the registration process. If no objections were made during this period, the name or sign shall be finalized at the date of publication in the Official Gazette. In case of objection, after the objection has been examined, the indication shall be published in its last form where all the changes to its shape and scope is done and when its scope has been clearly defined, so that the indication becomes final by the publication date of the indication and registration is made in the geographical sign registry.