Transfer of IP rights in Turkey

A registered patent can be assigned by way of an agreement. 

The assignment need not be entered in the national patent register to become effective; however, for such an assignment to have an effect on third parties acting in good faith, it must be entered in the national patent register. 

In order to record a patent assignment, (i) a request form must be filled in, (ii) the transfer agreement must include the details of the patent (i.e. the patent number) and (iii) proof of payment for the transfer must be provided. 

In addition, if the transfer agreement has been notarized or drafted by a notary abroad, it must be apostilled to become legal in Turkiye.

Here are the answers to the remaining questions: 

2.1 Are original supporting documents essential or are copies sufficient?

A copy of the document concerned suffices, provided a patent attorney declares it to be a true copy of the original. 

2.2 Are there any legalization and/or notarization and/or translation requirements?

Transfer agreements must be notarized. Transfer agreements executed in a foreign language must be translated into Turkish by a certified translator and then notarized.

2.3 Is there a must to use a specific form?

The written form is required.

The record in the patent register has a declaratory effect. In this regard, the actual proprietor may not assert its rights to bona fide third parties (e.g. transfer the patent right to another party).

Yes, the other co-owners have the right of pre-emption over the share of a co-owner who seeks to sell part or all of its share to a third-party. 

Accordingly, the other co-owners should be informed of such a sale; the right of first refusal may be exercised by the other owners within three (3) months of being notified of the share’s sale or,  in the absence of such a notification, within two (2) years of the sale.

A right holder and its representative may perform the necessary procedures before the Turkish Patent and Trademark Office (“TPTO”) themselves. However, non-residents need to appoint a qualified/domestic patent attorney.

TRY 590 (approx. EUR 75) per application.

A patent or patent application may be subject to an exclusive or non-exclusive licence agreement. In addition, a compulsory licence (“zorunlu lisans” in Turkish) may also be applicable in certain circumstances. 

Registering licence agreements is not mandatory. 

In order to record a patent licence, either of the parties must apply with (i) a licence form, (ii) documentation that the payment for transfer has been made, and (iii) the notarized licence agreement incorporating the relevant patent or patent application number, licence fee, term and form, and the parties’ signatures and notary declarations.  

In addition, If the transfer agreement has been notarized or drafted by a notary abroad, such documentation should be apostilled to ensure it is legal in Turkiye.

Here are the answers to the remaining questions:  

8.1 Are original supporting documents essential or are copies sufficient?

A copy of the document concerned suffices, provided a patent attorney declares it to be a true copy of the original. 

8.2 Are there any legalization and/or notarization and/or translation requirements?

Licence agreements must be notarized. Licence agreements executed in a foreign language must be translated into Turkish by a certified translator and the translation notarized.

8.3 Is there a must to use a specific form?

The written form is required.

Unrecorded patents may not have a protective effect regarding bona fide third parties. 

The record in the patent register has a declarative effect.

A right holder and its representative may perform the necessary procedures before the TPTO themselves. However, non-residents must appoint a qualified/domestic patent attorney.

TRY 240 (approx. EUR 30) per application.

Yes, it is possible to pledge a patent. The pledge must be recorded in the TPTO registry for it to have an effect on third parties. 

A registered trademark can be transferred by means of an agreement. 

It is not required by law to record the assignment in the national trademark register; however, for such assignment to have an effect on bona fide third parties it must be registered in the national trademark register.

In order to record a trademark assignment, the following must be submitted: (i) a completed request form, (ii) the transfer agreement incorporating the relevant trademark number, and (iii) documentation indicating that the payment for transfer has been made.  

In addition, if the transfer agreement has been notarized or drafted by a notary abroad, it should be further apostilled to ensure it is legal in Turkiye.

 Here are the answers to the specific questions. 

2.1 Are original supporting documents essential or are copies sufficient? 

A copy of the document concerned is sufficient, provided that a patent attorney declares it to be a true copy of the original.

2.2 Are there any legalization and/or notarization and/or translation requirements?

Transfer agreements must be notarized. Transfer agreements executed in a foreign language must be translated into Turkish by a certified translator and the translation notarized.

2.3 Is there a must to use a specific form?

The written form is required.

The record in the trademark register has a declaratory effect. However, if not recorded, it may not have an effect on bona fide third parties.

Yes, the other co-owners have the right of pre-emption over the share of the co-owner who seeks to sell its part or all of its share to a third-party. 

Accordingly, the other co-owners should be informed of such sale; the right of first refusal may be exercised by the other owner within three (3) months of being notified that the share is to be sold or, in the absence of such a notification, within two (2) years of the sale.

This matter is not regulated by the relevant legislation; a case may be subject to different interpretations and implementations in practice.

A right holder and its representative may perform the necessary procedures before the TPTO themselves. However, non-residents must appoint a qualified/domestic trademark attorney.

TRY 590 (approx. EUR 75) per application.

A trademark may be subject to an exclusive or non-exclusive licence agreement. 

Registering licence agreements is not mandatory. 

In order to record a trademark licence, the following must be submitted: (i) a completed request form, (ii) documentation that the payment has been made, and (iii) the transfer agreement, which must include the relevant trademark’s registry number, the goods and services subject to the licence, and the licence fee and term.  

In addition, if the transfer agreement has been notarized or drafted by a notary abroad, it must be apostilled to ensure it is legal in Turkiye.

Here are the answers to the remaining questions: 

9.1 Are original supporting documents essential or are copies sufficient? 

A copy of the document concerned is sufficient, provided that a patent attorney declares it to be a true copy of the original.

9.2 Are there any legalization and/or notarization and/or translation requirements?

Transfer agreements must be notarized. Transfer agreements executed in a foreign language must be translated into Turkish by a certified translator and the translation  notarized.

9.3 Is there a must to use a specific form?

The written form is required.

Unrecorded trademark licences may not have a protective effect on bona fide third parties.

The record in the trademark register has a declarative effect.

No. However, this matter is not regulated by the relevant legislation; a case may therefore be subject to different interpretations and implementations in practice.

A right holder and its representative may perform the necessary procedures before the TPTO themselves. However, non-residents must appoint a qualified/domestic trademark attorney.

TRY 875 (approx. EUR 110) per application.

Yes, it is possible to pledge a trademark. The pledge must be recorded in the TPTO registry for it to have an effect on third parties.