The Re-examination and Evaluation Board (“Board”) examines decisions by the Turkish Patent and Trademark Office (“TPTO”) about registration of industrial property rights. From 10 January 2017, the Board will now also examine TPTO decisions about traditional specialties.
Boards must also now have at least three members, including:
– Two senior examiners.
– The head of the Re-examination and Evaluation Department, who selects Board members and leads the board.
Previously, the Board was led by the TPTO’s Chairman.
Parallel to existing regulations, Board decisions are made by simple majority. The Board is generally bound by the requests and arguments of the appealing parties. Parties can oppose the Board’s decision if an error of fact occurs. Board decisions can be challenged by legal actions initiated before the courts.
The Turkish Patent and Trademark Office’s Re-examination and Evaluation Board Regulation was published in Official Gazette number 30064 on 12 May 2017. 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.