The European Commission has published Turkey’s Progress Report in connection with the 2018 Communication on EU Enlargement Policy. The Progress Report evaluates Turkey’s overall compliance with EU norms, through the lens of the harmonization process. The Progress Report includes consideration of intellectual property law, stating that Turkey has a “good level of preparation” in this area, but also noting specific areas which should be improved.

The Progress Report states that Turkey has shown “good progress” regarding intellectual property in respect to:

  • Adopting and putting into force the new Industrial Property Law (“IP Law”), which is aligned with the EU acquis, according to the recommendations made in an earlier Progress Report.
  • Establishing an Intellectual Property Rights Academy and the Regulation on the Code of Conduct and Disciplinary Measures for Trademark and Patent Agents, to address a legal gap regarding liability of agents who are registered with the Turkish Patent and Trademark Office.
  • A 35% increase in customs seizures of counterfeit goods in 2016, by enforcing the Industrial Property Law which aims to ensure a higher level of legal alignment with the European Union Enforcement of Intellectual Property Rights Directive.

However, the Progress Report states that further progress should be made regarding:

  • Adopting the Draft Copyright Law, which is consistent with EU law.
  • Solving issues regarding collective rights management through the Draft Copyright Law, particularly in relation to foreign producers, public performance rights and reproduction rights.
  • A lack of specific provisions for biotechnological inventions in the IP Law.
  • Enhancing measures and enforcement to combat intellectual property infringements.
  • Strengthening enforcement of the IP Law, since the actual numbers of intellectual property infringements, counterfeiting and piracy levels are still very high.
  • Implementing an accelerated destruction procedure and improving the functioning of Intellectual Property Rights criminal courts.
  • Increasing awareness of the benefits of a strong Intellectual Property Right protection system for economic growth by sustaining a constructive dialogue with intellectual property right owners on developments.

Please see this link for the full text of the Progress Report, published on 17 April 2018.

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