QUALITY FOOD PRODUCTS LINKED TO GEOGRAPHIC ORIGIN AND TRADITIONS IN THE MEDITERRANEAN

8-9 November 2007, Casablanca

Gonca ILICALI

Trademark Examiner, Turkish Patent Institute

gonca.ilicali@turkpatent.gov.tr

PROTECTION OF HERITAGE IN TURKEY

“GEOGRAPHICAL SIGNS”

AUTHORIZED ORGANIZATION

Turkish Patent Institute (Ministry of Industry and Trade)

AUTHORIZED DEPARTMENT

Trademarks Department (Trademarks and Geographical Signs)

Trabzon Filigree

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.

Görece Blue Bead

DEFINITIONS

GEOGRAPHICAL SIGNS

Designations of Origin Geographical Indications (DO) (GI)

Antep Pistachio Damal Doll

Designations 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

Eskişehir Meerschaum

Geographical 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

Bozdağ Chestnut Dessert

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

Gümüşhane Pestili

Gümüşhane Kömesi

FORMAL 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)

Ayvalık Olive Oil

PROCEDURE

* 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

İzmit Pişmaniyesi

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)

Isparta Rose

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

REQUIREMENTS 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.

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.

Devrek Walking Sticks

FORTHCOMING 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

THANK YOU FOR YOUR ATTENTION!