QUALITY FOOD PRODUCTS LINKED TO GEOGRAPHIC ORIGIN AND TRADITIONS IN THE MEDITERRANEAN 8-9 November 2007, Casablanca. PROTECTION OF HERITAGE I N TURKEY “GEOGRAPHICAL SIGNS”. Gonca ILICALI Trademark Examiner, Turkish Patent Institute [email protected] AUTHORIZED ORGANIZATION
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QUALITY FOOD PRODUCTS LINKED TO GEOGRAPHIC ORIGIN AND TRADITIONS IN THE MEDITERRANEAN
8-9 November 2007, Casablanca
PROTECTION OF HERITAGE
Trademark Examiner, Turkish Patent Institute
AUTHORIZED ORGANIZATION TRADITIONS IN THE MEDITERRANEAN
Turkish Patent Institute (Ministry of Industry and Trade)
Trademarks Department (Trademarks and Geographical Signs)
Görece Blue Bead TRADITIONS IN THE MEDITERRANEAN
* 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
* Industrial products in conformity with the provisions of the Decree-Law.
DEFINITIONS TRADITIONS IN THE MEDITERRANEAN
Designations of OriginGeographical Indications
Antep Pistachio Damal Doll
Bozdağ Chestnut Dessert
RIGHT OF APPLICATION TRADITIONS IN THE MEDITERRANEAN
* Natural or legal persons who are producers of the product
* Consumers associations
* Public institutions related with the product or the geographical region
FORMAL REQUIREMENTS TRADITIONS IN THE MEDITERRANEAN
* 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 TRADITIONS IN THE MEDITERRANEAN
* 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
Isparta Rose TRADITIONS IN THE MEDITERRANEAN
* 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)
REQUIREMENTS FOR THE FOREIGN APPLICATONS TRADITIONS IN THE MEDITERRANEAN
* 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.
Devrek Walking Sticks TRADITIONS IN THE MEDITERRANEAN
* Publication fees (publication in the Official Gazette, two of the highly circulated daily newspapers and a local newspaper)Publication onlyin 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.
FORTHCOMING CHANGES ! TRADITIONS IN THE MEDITERRANEAN
* 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 TRADITIONS IN THE MEDITERRANEAN !