Turkey has introduced a new regime outlining how Patent and Trademark attorneys should act, as well as related disciplinary procedures. The Turkish legal system treats Trademark and Patent attorneys differently to other attorneys, who are subject to Attorneys Law Number 1136 as well as a Code of Practice, determined by the Union of Turkish Bar Associations. However, a Code of Practice has now also been introduced specifically for Patent and Trademark attorneys.

Previously, no regulation included conduct and ethics rules for Patent or Trademark attorneys. However, an overhaul of the Turkish intellectual property legislative framework in early 2017 (more) included provisions which pathed the way for this specific Code of Conduct to be introduced.

The Code of Practice and Disciplinary Regulation for Patent and Trademark Attorneys (“Regulation”) was published in Official Gazette number 30070 on 18 May 2017.

Significant rules introduced by the Regulation include:

– Trademark and Patent attorneys must avoid any attitude and behaviour which would damage the profession’s reputation.

– Failure to follow the Code of Practice and fulfil related duties can result in disciplinary boards issuing the following sanctions:

– Warning.

– Reprimand.

– Suspension.

– Dismissal.

– Disciplinary boards must comprise seven members:

– Three Patent and/or Trademark attorneys.

– Three employees of the Turkish Patent and Trademark Office.

– One employee of the Ministry of Science, Industry and Technology.

Please see this link for the full text of the Regulation (only available in Turkish).

Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.