Geographical Indications

Turkish delight, Afyon cream, Corum roasted chickpeas, Malatya apricots, Hereke carpets, Pistachios and more... What does all this remind you of? Of course, first of all, reliable quality... Then, special to our country with their unique qualities; its unique and excellent quality products created with hundreds of years of local knowledge, experience and effort.

Our country has a geographical product variety that is unmatched in the world with these products, unique nature, culture and art richness. It is an indisputable fact that every region, province, and even every district in our country is the production source of a special product and is identified with this product. So much so that many products unique to our country are known by the names of the geographical regions that are their source. Products that are known and recognized with these features; are subject to "geographical indication" protection.

WHAT IS A GEOGRAPHICAL SIGN?
---------------------------------------------------------------- ------------------------------

In short, geographical indication; They are "signs that introduce and show a product that is identified with a region, area, region or country with a certain quality, reputation and other characteristics".

Any product, carpet, rug, fruit, stone, metal or embroidery of a region may be different from those produced in other regions. A carpet, rug, fabric, tile, etc. produced in a region. a product may have gained notoriety. The use of the name of that region in these products may be perceived by consumers as having a certain quality and may be found reliable. Consumers may prefer the products sold with the name of the region in question to other products of the same quality, with a certain trust in the name of the region.

Geographical Indications are divided into two groups as origin and geographical indications.

MARK OF ORIGIN:
---------------------------------------------------------------- ------------------------------

mark of origin; a region, area, region whose geographical boundaries are determined; In very special cases, it is a product that is produced entirely within the borders of this region, area or region, arising from the region, area, region-specific nature and human factor, which is identified with this region, area or region with a distinctive feature, reputation or other characteristics originating from the country. describes the product.

The origin name must be produced in the place where the product subject to the origin name is defined with the whole.

Example: Circassian Cheese, Van Herb Cheese, Anzer Honey. These products are not produced outside of the geographic region to which they belong. Because the product can gain its qualities only if it is produced in the region it belongs to.

The name of the locality, area or region of origin of a product indicates the "name of origin" if the following conditions are met together:

a) It is a product originating from a region, area, region or, in very special cases, a country whose geographical boundaries have been determined;

b) It is a product with all its qualities or features arising from nature and human characteristics specific to this region, area or region;

c) It is a product that is produced, processed and all of its other operations are carried out within the boundaries of this region, area or region.

Geographical or non-geographical names traditionally used to denote a product that meets these conditions and originates from a particular locality, area, or region may also be used as names of origin.

As an example, we can give Circassian Cheese, Van Herb Cheese, Anzer Honey. These products are not produced outside of the geographic region to which they belong. Because the product can gain its qualities only if it is produced within the characteristics of the region to which it belongs.

EXPORT SIGN ------------------------------------------------ --------------------------------

Geographical Indication; In addition to being a product originating from a region, area or region whose geographical boundaries have been determined and identified with this region, area or region with its distinctive quality, reputation or other characteristics, at least one of its production, processing and other processes is within the boundaries of the region, area or region. It is the identifying mark of the product produced within the boundaries of the designated locality, area or region.

It is possible that at least one of the features of the product subject to the geographical indication belongs to that region, but it can also be produced outside the region. E.g; Maras Ice Cream, Trabzon Bread.

Products that will bear the geographical indication can also be produced outside the geographical region they belong to. However, in this production, it is necessary to use the same raw materials and production methods of the geographical region they belong to and the quality of the product must be the same.

The name of the region, area or region from which a product originates indicates the "sign of origin" indicator if the following conditions are met:

a) It is a product originating from a geographically defined region, area or region;

b) It is a product that is identified with this region, area or region in terms of its distinctive quality, reputation or other characteristics;

c) At least one of its production, processing and other processes is a product made within the boundaries of a specified region, area or region.

Example: Maraş Ice Cream, Trabzon Bread.

Geographical Indication Application Conditions and Registration Process Who can apply for a geographical indication?
---------------------------------------------------------------- ------------------------------

According to the decree law numbered 555 on the protection of geographical indications, those who can apply for geographical indications to the Turkish Patent Institute:

a) Natural or legal persons who are the manufacturer of the product,

b) Consumer associations,

c) Public institutions related to the subject and geographical area.

When necessary, the Institute requests that the application be examined by one or more public institutions or universities or impartial private institutions in order to prove the technical information about the application. In this case, the examination fee to be paid to the relevant institution or organization and the fee to be received by the Institute for the services to be performed shall be paid to the Institute by the applicant.

The applications, which are inspected by the Institute in terms of compliance with the decree-law, are published by the Institute through advertisements in the official gazette, two of the highest circulation daily newspapers and a local newspaper.

In the publication, the identity of the applicant, the name of the product, the name of the origin or the information on the sign of origin, the conditions of use of the registered sign and other matters stipulated in the regulation are explained.

The published application is registered in the geographical indication register. This registration is temporary. Registry registration becomes final if the provisions of the article of the decree law are fulfilled.

Within six months from the date of the announcement of the application in the official gazette, everyone concerned can raise an objection to the Institute regarding the invalidity of the registration request in terms of compliance with the provisions of the relevant articles of the decree law.

OBJECTION AND EXAMINATION
---------------------------------------------------------------- ------------------------------

Within 6 months from the date of the announcement of the Geographical Indication application, anyone concerned may object to the Institute regarding the invalidity of the registration request according to Articles 3,5, 7 and 8 of the Decree Law No. 555. In order for the objection to be examined, the objection examination fee specified in the fee notification must be paid by the objector. The Institute receives the objection. When the application and the objection need to be examined by one or more public institutions or universities or neutral private institutions, by seeking the opinion of the applicant, the applicant is informed of the situation and is requested to pay the examination fee and the fee to be received by the Institute specified in the Communiqué within three months.

In the objections of public institutions, the objection examination fee specified in the notification is not charged.

The name or sign, for which no objection has been made within six months from the date of publication in the Official Gazette, becomes final as of the date of its publication in the Official Gazette. The finalized application is registered in the geographical indication registry.

At the end of the examination of the objection, the requests that have changed in terms of form or scope are republished within the framework of Article 9, in the newly amended form and with a clear indication of the scope, and the registration becomes final as of the publication date. This situation is recorded in the geographical indication register.

The application, whose objection is deemed appropriate and whose registration request is completely rejected, is published in the official gazette where the registration request is rejected and registered in the geographical indication registry.

REGISTRATION AND REGISTRATION
---------------------------------------------------------------- ------------------------------

Geographical indication applications for which there is no objection within 6 months from the date of announcement in the Official Gazette become final as of the date of publication in the Official Gazette and are registered and registered in the geographical indication registry.

The issues to be included in the geographical indication registry are as follows.

a- Application date and number,

b- Registration date and number,

c- Identity and address of the geographical indication owner,

d- Terms of use of the geographical indication.

REQUIRED DOCUMENTS FOR APPLICATION
---------------------------------------------------------------- ------------------------------

1- Application petition including information about the identity of the public institution related to the applicant's geographical region and which of the application groups specified in Article 7 are included.

2- The name of the origin or the sign of origin and the name of the relevant product for which the registration is requested,

3- Description of the product, technical information and documents describing the physical, chemical, microbiological and similar properties of the product and, if necessary, the raw material,

4- Information and documents that clearly define and determine the geographical boundaries of the region, area or region,

5- Information on the production technique of the product and local special production techniques and conditions, if any,

6- Information proving the conformity of the product with the sign whose registration is requested, according to the provisions of Article 3

7- Any association, union or similar organization, which consists of persons who register the geographical indication within the scope of the Decree-Law, who are engaged in the production, processing or other processes of the product in question, and regardless of the legal form of establishment, production, marketing, registered name of origin of the product subject to the geographical indication. shall have sufficient personnel, equipment and other facilities to inspect in detail the way of use, branding, indication on the product, marking or labeling of the sign of origin or country of origin, and will constantly control the production status of the product in question. For the audit process, cooperation can be made with experts and impartial institutions or organizations related to the subject.

The scope and form of audit procedures are determined by regulation.

Information describing in detail the form of inspection in accordance with the provisions of the article explained above,

8- Information explaining in detail the way of using, branding, marking or labeling of the registered name of origin or country of origin,

9- Document showing that the application fee has been paid,

10- Other matters stipulated in the regulation. (Bank receipt)

SCOPE OF LEGAL PROTECTION OF GEOGRAPHICAL SIGNS
---------------------------------------------------------------- ------------------------------

DECREE LAW NO. 555 ON THE PROTECTION OF GEOGRAPHICAL SIGNS

Making regulations on the protection of geographical indications; It was decided by the Council of Ministers on 24.06.1995 based on the authority given by the law no. 4113 dated 08.06.1995.

Geographical Indication; It is a sign that shows a product identified with a region, area, region or country with a distinctive feature, reputation or other characteristics.

Persons who have the right to apply for geographical indications and persons who have the right to use registered geographical indications have the right to prevent the following from being done by third parties.

a) Indirect or direct commercial use of the registered name in relation to uses that will benefit in any way from the reputation of the registered name or products that resemble or may evoke the products covered by the registration,

b) While expressing the actual geographical location as a word, the use of the product which gives the impression that the product is from another place, or the use of the translation of the protected name, or the use of "style", "style", "type", "type", "method", "where it was produced" form" or with other similar explanations or terms,

c) Including any false or misleading statement or indication regarding the natural or essential qualities and characteristics and origin of the product, in its inner or outer packaging, in its promotion and advertisement, or in any written document related to the product,

d) Packing or presenting the product in a way that may justifiably mislead as to its origin.

CASES OUT OF THE SCOPE OF PROTECTION
---------------------------------------------------------------- ------------------------------

If the core name of the product is included in the registered geographical indication, the use of the core name of the product does not fall within the scope of Article 15. The registered geographical names cannot be the original name of the product.

GEOGRAPHICAL SIGNS AND LAW
---------------------------------------------------------------- ------------------------------

A) Civil litigation

- The case of stopping the acts of infringement about the geographical indication,

- The lawsuit for the elimination of rape,

- The case of prevention of rape,

- The case of detection of rape,

- Compensation cases

- Financial compensation case,

- Non-pecuniary damage lawsuit,

- Reputation compensation lawsuit,

- Detection of evidence,

- Don't confiscate,

- Recognition of property rights on the products,

- Deletion and destruction of geographical indication,

- Notification of the provision to the relevant parties, public announcement and announcement,

- Precautionary measures,

- Seizure of these products at customs, if any, exported or imported

B) Criminal liability

Penalties to be imposed in case of violation of the Geographical Indication right vary depending on the distinction between action, act and participation (participation) in the crime.

It is aimed to ensure efficiency in practice by imposing sanctions such as imprisonment, fines, closure of the workplace, banning from trade for those who do not comply with the law.

The lower and upper limits of the penalties to be imposed on the rights arising from the geographical indication are as follows:

- Up to four years in prison,

- Fine up to 46,000-YTL,

- Closure of workplaces for not less than one year,

- Prohibition of violators from trade for not less than one year.

Acts Considered Violation of the Right to Geographical Indications Registered geographical indications and their use by third parties who do not have the right to use them in the following written form shall be deemed infringement of the geographical indication right:

a) Indirect or direct commercial use of the registered name in relation to the uses that will benefit in any way from the reputation of the registered name or the products that resemble or may evoke the products within the scope of the registration,

b) The use, as a word, of the actual geographical location, but the use of which gives the public the impression that the product is sourced from elsewhere, or the use of a translation of the protected name, or in its "style", "style", "type", "type", "method", as produced there or in conjunction with other similar descriptions or terms,

c) Including any false or misleading statement or indication regarding the natural or essential qualities and characteristics and origin of the product, in its inner or outer packaging, in its promotion and advertisement, or in any written document related to the product,

d) Packing the product in a way that may mislead the public about its origin, or presenting it in any other form that may create confusion,

e) Participating in or assisting or encouraging the acts written in sub-paragraphs (a), (b), (c) and (d) of this article or facilitating the execution of these acts in whatever form and conditions,

f) To refrain from informing where the goods with geographical indication, which are produced unfairly or brought into the trade area, are obtained from or how they are obtained.

If the geographical indication application is published in accordance with this decree, the applicant is authorized to file a civil and criminal case for violations of the geographical indication.

a) Those who make an untrue declaration of identity that should be stated as the geographical indication right holder, those who remove the mark that is placed on an item with geographical indication protection or its packaging, without authorization, indicating that it has geographical indication protection, those who unjustly show themselves as the holder of geographical indication application or geographical indication right from one to two years in prison and a fine of three hundred million lira to six hundred million lira.

b) In the event that he or she does not own a protected geographical indication right, that the geographical indication right is invalidated for any reason, or that the right arising from the protection of the geographical indication expires, a legally protected geographical indication right may be given to the goods or packaging or commercial documents or announcements that he or someone else has manufactured or put up for sale. Those who put signs in a way that suggests that they are related to the issue, or use such writings, signs or expressions in advertisements and advertisements in the written and visual media for this purpose, are sentenced to imprisonment from two to four years and fined from six hundred million lira to one billion lira,

c) Persons who commit one of the acts listed in Article 24 are sentenced to imprisonment from two years to four years, fined from six hundred million lira to one billion lira, as well as closing their workplaces for a period of not less than one year and being banned from trade for the same period.

If the above-mentioned crimes are committed directly or on orders by the employees of an enterprise while they are performing their services, the employees and the owner, manager or representative of the enterprise who does not prevent the commission of the crime, and the person who actually manages the enterprise, regardless of title and capacity, shall be punished. If one of the crimes listed in Article 24 is committed while the business of a legal person is being carried out, the legal person will be jointly and severally liable for costs and fines. The provisions of articles 64, 65, 66 and 67 of the Turkish Penal Code are applied to those who participate in the act, depending on the nature of the event. Prosecution for the above-mentioned crimes depends on the complaint. In the implementation of the provisions of this article, subparagraph 8 of the first paragraph of Article 344 of the Criminal Procedure Law No. 1412 shall not be applied. Apart from those whose rights arising from the geographical indication protection are violated, the Institute is responsible for crimes other than those listed in Article 24; In the event that the geographical indication right is not owned by the untrue declaration of identity that should be stated as the geographical indication right holder, or the geographical indication right is invalidated for any reason or the right arising from the geographical indication protection expires, the goods or packages produced by him or someone else, or put up for sale. In cases where such texts, signs and expressions are used in advertisements and advertisements in the written and visual media for this purpose, in a way to suggest that they are related to a legally protected geographical indication right, on their commercial documents or advertisements, organizations subject to the Laws No. 5590 or 507 and Consumers Associations also have the right to complain.

The complaint must be made within two years from the date of becoming aware of the act and the perpetrator. Complaints related to crimes within this scope are considered urgent matters.

Pursuant to the provisions of this Law, in the seizure, seizure or destruction of the goods, the production of which requires a penalty due to the application for a geographical indication right or infringement of the rights arising from the geographical indication protection, and the tools, equipment, devices, machinery, etc., which are used to produce these goods, Article 36 of the Turkish Penal Code and the relevant provisions of the Code of Criminal Procedure shall apply.