Title: Slayt%201
1QUALITY FOOD PRODUCTS LINKED TO GEOGRAPHIC ORIGIN
AND TRADITIONS IN THE MEDITERRANEAN 8-9 November
2007, Casablanca
PROTECTION OF HERITAGE IN TURKEY GEOGRAPHICAL
SIGNS
Gonca ILICALI Trademark Examiner, Turkish Patent
Institute gonca.ilicali_at_turkpatent.gov.tr
2AUTHORIZED ORGANIZATION Turkish Patent
Institute (Ministry of Industry and
Trade) AUTHORIZED DEPARTMENT Trademarks
Department (Trademarks and Geographical Signs)
Trabzon Filigree
3Görece Blue Bead
LEGISLATION Decree-Law No 555 Pertaining to
the Protection of Geographical Signs (in force as
from June 27, 1995) The Implementing Regulation
of the Decree-Law Indirect protection, Turkish
Commercial Code (under the provisions of unfair
competition) SCOPE OF PROTECTION Natural,
agricultural and mining products Handicrafts
Industrial products in conformity with the
provisions of the Decree-Law.
4DEFINITIONS GEOGRAPHICAL
SIGNS Designations of Origin
Geographical Indications (DO)
(GI) Antep Pistachio Damal Doll
5Designations of Origin (DO) The quality or
characteristics of the product are essentially or
exclusively due to the inherent natural and human
factors of that geographical area The
production, processing and preparation of the
product take place within the geographical area
Eskisehir Meerschaum
6Geographical Indications (GI) A specific
quality, reputation or other characteristics of
the product attributable to that geographical
area At least one of the activities of the
production, processing or preparation of the
product take place within the geographical area
Bozdag Chestnut Dessert
7- RIGHT OF APPLICATION
- Natural or legal persons who are producers of
the product - Consumers associations
- Public institutions related with the product or
the geographical region -
- Gümüshane Pestili
-
-
- Gümüshane Kömesi
8FORMAL REQUIREMENTS Name of the holder, adress
etc. Name of the product Specification of the
product Geographical
area of the product Evidance whether DO or GI
Hereke Carpet
Inspection structure Means of using DO or GI
(labelling, marking ...) Application fee (105
YTL)
Ayvalik Olive Oil
9PROCEDURE Formal examination Verification
of the technical information by an impartial
expert organization (if required) If not
refused, publication in Official Gazette, 2
highly circulated newspapers, 1 local
newspaper 6 months duration for the
oppositions If no opposition,
registration Izmit Pismaniyesi
10Isparta Rose
PROCEDURE (continued) If any opposition is
filed, written observation of the applicant
against opposition are asked and then reports
from expert organizations are asked Refusal
of the application or refusal of the opposition
(means registration without any change) or if
any change is required, application is registered
following the procedure of publication in the
Official Gazette and in the other 3 newspapers
(this second publication procedure is not open to
opposition)
11- STATISTICS
- Number of application (up to Oct.2007) 252
- Registered geographical signs 91
- Registered PDO 43
- Registered PGI 48
- Number of registered foodstuffs 48
- Number of registered handicrafts 33
- Pending applications 90
- Number of foreign applications 1
Malatya Apricot
12REQUIREMENTS FOR THE FOREIGN APPLICATONS
Registration as GIs in the country of origin
Whether the requirements indicated in our
legislation are also required in the country of
origin Whether the country of origin provides
the same level of protection for the Turkish
GIs Result None of the above mentioned
requirements has been met for the foreign
application SOLINGEN from Germany, for cutlery,
etc. The application has been refused.
13Devrek Walking Sticks
DIFFICULTIES FACED Publication fees
(publication in the Official Gazette, two of the
highly circulated daily newspapers and a local
newspaper) Publication only in the highly
circulated daily newspapers costs not less than
6.000 New Turkish Liras (YTL). In this context,
related provision in the draft law has been
prepared in the goal of reducing this cost.
Specifications of the product Technical reports
are needed for some of the applications. It
sometimes becomes difficult to find an expert
organization concerning the specifications. But
recently, this kind of studies has been begun in
the universities.
14FORTHCOMING CHANGES ! Protection of
Traditional Specialities Guaranteed Products
(TSG) Changes Regarding The Geographical
Signs . Applicant Instead of a single
producer, the group of producers . Amendment
of the specification . Publication procedure
(only in National Official Gazette, and an
informative note in the highly circulated
newpapers) . Use of official logo
15THANK YOU FOR YOUR ATTENTION!