WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPlNll/TUR/G/l 
17 July 2000 
(00-2924) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
TURKEY 
The present document reproduces the text 1 of Decree-Law N° 555 on the Protection of 
Geographical Signs, as notified by Turkey under Article 63.2 of the Agreement (see document 
IPINIl1TUR/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
TURQUIE 
Le present document contient le texte1 du Decret-Ioi nO 555 relatif it la protection des signes 
geographiques, notifie par la Turquie au titre de l'article 63:2 de l'Accord (voir le document 
IPINI1ITUR/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN vmTUD 
DEL pARRAFo 2 DEL ARTicULO 63 DEL ACUERDO 
TURQuiA 
En el presente documento se reproduce el texto 1 del Decreto Ley N° 555 de proteccion de 
indicaciones geograficas, que Turquia notifico de confonnidad con 10 dispuesto en el pitrrafo 2 del 
articulo 63 del Acuerdo (vease el documento IPlNflITUR/2). 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.lEn anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa langue d'origine, au Secretariat de rOMC.fEn ingIes solamente. Las delegaciones interesadas 
podran consultar en la Secretaria de la OMC el texto en su idioma original. IP /Nil ITUR/GIl 
Page 2 
TURKEY 
Decree-Law No. 555 on the Protection of Geographical Signs* 
(of June 27, 1995) 
TABLE OF CONTENTS** 
Articles 
Part I: General Provisions 
Section I: Aim, Scope, Persons Entitled [0 Protection, 
Definitions 
Section II: 
Section IlI: 
Section IV: 
Section V: Aim and Scope ...................... . 
Persons Entitled to Protection .......... 2 
Definitions .......................... 3 
General Conditions 
Protection by Registration ............. 4 
General Conditions ................... 5 
Registration Authority. . . . . . . . . . . . . . . . . 6 
Application Conditions 
Right to Apply ...................... . 
Application Procedure ................ . 
Examination, Registration, Publication and 
Fees 7 
S 
Examination ......................... 9 
Deficiencies ......................... 10 
Objections and Examination . . . . . . . . . . . . 11 
Registration and Publication ........... 12 
Fees, Payment Periods and Effects ...... 13 
Persons Having the Right to Practice, 
Agents 
Persons Having the Right to Practice 
Before the Institute .................. . 14 
Part II: Scope of Protection and Use 
Section I: Scope of Protection 
Section II: Scope of Protection ................... 15 
Use Beyond the Scope of Protection ..... 16 
Use of Geographical Names and Inspection 
Use of the Registered Name ........... . 
Relation to Trademarks ............... . 
Use in Good Faith ................... . 
Inspection .......................... . 17 
18 
19 
20 
0/< Entry into force: June 27, 1995. 
Source: Translation by the International Bureau of 
WIPO on the basis of an English translation supplied by the 
Turkish authorities. 
** Added by w~· 0. Part Ill: Invalidity of Geographical Signs and Termination 
of the Protection Period 
Section I: Invalidity of Geographical Signs 
Invalidity of Geographical Signs ....... . 
Request for Invalidation .............. . 
Effects of Invalidity ................. . 
Part IV: Infringement of Geographical Signs arid Proceed­
ings for Infringement 
Section I: Infringement of Rights Arising from a 
Registered Geographical Sign 
Acts of Infringement ................. . 
Section II: Civil Proceedings 
Action by the Holder of Rights and the 21 
22 
23 
24-24A 
Competent Court ............... ~ . . . . . 25 
Compensation . . . . . . . . . . . . . . . . . . . . . . . . 26 
Documents Evidencing Infringement .... 27 
Compensation Not to Be Requested ..... 28 
Time Limit .......................... 29 
Section Ill: Special Courts 
Competent Courts .................... 30 
Publication of Court's Decision. . . . . . . . . 31 
Section IV: Special Provisions 
Claims of Non-Infringement ........... 32 
Action to Secure Evidence ............. 33 
Request for Precautionary Measures ..... 34 
Nature of the Precautionary Measures ... 35 
Civil Procedure Code ................. 36 
Seizure at Customs ................... 37 
Transitional Provision 
Jurisdiction Pen9ing Appointment of the 
Special Courts 
Entry Into Force ................... " . . 38 
Execution ........................... 39 IP /N/l/TUR/G/l 
Page 3 
PART I 
GENERAL PROVISIONS or having industrial or commercial establishments within 
the territory of the Turkish Republic, or to persons hav­
ing application rights deriving from the terms of the Paris 
or Berne Conventions or the Agreement Establishing the 
World Trade Organization. 
Section I 
Aim, Scope, Persons 
Entitled to Protection, Definitions 
Aim and Scope 
Art. 1. The aim of this Decree-Law is to protect natu­
ral, agricultural, mining and industrial products and 
handicrafts under geographical signs when they conform 
to the provisions thereof. 
Persons Entitled to Protection 
Art. 2. The protection conferred by this Decree-Law 
shall be available to natural and legal persons domiciled Natural or legal persons other than those referred to in 
the first paragraph of this Article who are nationals of 
States that accord legal and de facto protection to nation­
als of the Turkish Republic shall enjoy protection in 
Turkey according to the principle of reciprocity. 
Definitions 
Art. 3. For the purposes of this Decree-Law, "geo­
graphical sign" means a sign indicating the origin of a 
product that possesses a specific quality, reputation or 
other characteristics attributable to that place, area, 
region or country of origin. 
For the purposes of this Decree-Law, geographical 
signs shall be divided into two groups as appellations of 
origin and geographical indications. IP /NI lITURlGIl 
Page 4 
The name of the place, area or region of origin of a 
product shall be its appellation of origin when all of the 
following conditions are met: 
(a) the product originates in a place, area or region, or 
in exceptional cases a country, the geographical bound­
aries of which have been defmed; 
(b) the quality or characteristics of the product are es­
sentially or exclusively due to the inherent natural and 
human factors of the place, area or region; 0 
(c) the production, processing and preparation of the 
product take place within the defined boundaries of the 
place, area or region. 
Traditional geographical or non-geographical names 
that have become customary in the current language to 
designate a product originating in a place, area 'or region 
which fulfilI the conditions referred to in the third para­
graph above may also be used as appellations of origin. 
The name of the place, area or region of a product's 
origin shall be its geographical indication when the fol­
lowing conditions are met: 
(a) the product originates in a place, area or region the 
geographical boundaries of which have been defined; 
(b) the product possesses a specific quality, reputa­
tion or other characteristics attributable to the place, area 
or region; 
(c) at least one of the activities of production, pro­
cessing or preparation of the product takes place within 
the defined boundaries of the place, area or region. 
Also, for the purposes of this Decree-Law: 
(a) "Institute" means the Turkish Patent Institute as­
signed to implement the provisions of this Law; 
( b) "Paris Convention" means the Paris Convention 
for the Protection of Industrial Property of March 20, 
1883; 
(c) "Agreement Establishing the World Trade Orga­
nization" means the international agreement of April 15, 
1994, establishing the World Trade Organization; 
(d) "producer" means a producer of agricultural, in­
dustrial or handcrafted products, a processor of natural 
products or a trader of such products. 
Section II 
General Conditions 
Protection by Registration 
Art. 4. The protection afforded by this Decree-Law to 
signs constituting appellations of origin or geographical 
indications in relation to products shall be obtained by 
registration. 
General Conditions 
Art. 5. The following may not be registered as geo­
graphical signs: (a) names and signs that do not conform to the defIni­
tions given in Article 3; 
(b) names that have become the generic designation 
of the product; for the purposes of this Decree-Law, the 
generic name of a product is the name that has become 
the common name for that product even where it relates 
to a region or an area associated with the production or 
marketing origin thereof; use by the public in the area of 
origin and use by consumers in general shall be taken into 
consideration in order to determine whether or not a 
name is generic; 
(c) names of plant varieties, animal breeds or ~imilar 
names that are likely to mislead the public as to thOe true 
origin of the product; 
o (d) signs contrary to public policy or general princi­
ples of morality; 
(e) names that are not protected or the period of pro­
tection of which has expired or names and signs the use 
of which is not allowed by the countries referred to in 
Article 2. 
Registration Authority 
Art. 6. The authorized body for the registration of geo­
graphical signs is the Institute. All applications shall be 
filed with the Institute or with any body that it may au­
thorize for the purpose. 
Section III 
Application Conditions 
Right to Apply 
Art. 7. The following natural and legal persons shall 
be entitled to file applications: 
(a) natural or legal persons who are producers of the 
product; 
(b) consumer associations; 
(c) public institutions concerned with the product or 
the geographical region. 
Application Procedure 
Art. 8. An application for the registration of a geo­
graphical sign shall be filed together with the following: 
(a) a request for registration including information 
identifying the applicant and information concerning the 
applicant association or institution within the meaning of 
Article 7; 
(b) the name of the product and the appellation of 
origin or geographical indication to be registered; 
(c) a description of the product, namely technical in­
formation and documents explaining the physical, chem-ical, microbiological and similar characteristics of the 
product and if necessary of the raw material; 
(d) a definition of the geographical area, with infor­
mation and documents that clearly identify the geograph­
ical boundaries; 
(e) product manufacturing techniques including, if 
relevant, authentic and specific local techniques and con­
ditions; 
(f) evidence that the product complies with the provi­
sions of Article 3 in relation to the sign filed for registra­
tion; 
(g) information on the rnspection facilities provided 
for in Article 20; 
(h) information on labeling and marking and the 
means of using the registered appellation of origin or 
geographical indication; 
(i) proof that the application fee has been paid; 
(j) other particulars as specified in the Implementing 
sulations. 
Subject to international agreements, the Institute 
shall, in relation to applications concerning geographical 
signs for products originating in other countries, apply 
the provisions of Articles 9, 10, 11, 12 and 13 to deter­
mine whether the registration requirements in the coun­
try of origin conform to the provisions of this Article, 
whether inspection is available as provided in Article 20 
and whether the country of origin affords reciprocal pro­
tection in response to applications for the registration of 
geographical signs from Turkey. Where a geographical 
sign registered in another country is the same as a geo­
graphical sign protected in Turkey, registration shall be 
granted after the regional and traditional use of the name 
and the possibility of confusion have been evaluated. The 
use of such a sign shall be allowed only on condition that 
the name of the country of origin is clearly and visibly 
stated on the label. 
Section IV 
ooo;;xamination, Registration, Publication and Fees 
Examination 
Art. 9. The application shall be examined by the Insti­
tute for compliance with Articles 3, 5, 7 and 8. The Insti­
tute may, if it sees fit, request additional information and 
documents and ask for deficiencies to be remedied within 
the period prescribed in the Implementing Regulations. 
The Institute may require examination of the applica­
tion by one or more public institutions or universities or 
independent private bodies to verify the technical infor­
mation. The examination fees to be paid to such institu­
tions and the fees for the services of the Institute shall be 
borne by the applicant and be payable to the Institute. 
Applications that comply with the provisions of Arti­
cles 3, 5, 7 and 8 shall be published in the Official Ga­
zette, in the two national newspapers with the widest 
circulation and in one local newspaper. IP /NI lITURfGIl 
Page 5 
Publication shall include the identity of the applicant, 
the name of the product, information on the appellation 
of origin or geographical indication, conditions govern­
ing the use of the registered name and other particulars 
laid down in the Implementing Regulations. 
On being published, an application shall be entered in 
the register of geographical signs. The entry shall be pro­
visional and shall become final on fulfillment of the 
provisions of Article 12. 
Deficiencies 
Art. 10. Where the Institute finds deficiencies in rela­
tion to Articles 3, 5, 7 and 8, the applicant shall be re­
quested to remedy those deficiencies within the period 
specified in the Implementing Regulations. 
If the deficiencies referred to in the first paragraph of 
this Article are not remedied as provided in this Decree 
and within the period specified in the Implementing Reg­
ulations, the application shall be refused. 
Objections and Examination 
Art. 11. Within six months of the publication of the 
application, any person having a legitimate interest may 
object to the registration by filing an objection with the 
Institute regarding the application's conformity with Ar­
ticles 3, 5, 7 or 8. 
On receiving the objection, the Institute shall have it 
examined by one or more of the public institutions or uni­
versities or independent private institutions that have ex­
pertise in the subject matter concerned. The examination 
fees charged by those institutions and the fees for the ser­
vices of the Institute shall be borne by the applicant and 
be payable to the Institute. Objections filed by public in­
stitutions shall not be subject to fees. 
Registration and Publication 
Art. 12. If no objection is filed within six months of its 
publication in the Official Gazette, the geographical sign 
or name shall become effective as of the publication date 
and entered in the Register of Geographical Signs. 
Applications that have undergone changes of form 
and content during the examination process shall be 
republished according to the procedure laid down in Arti­
cle 9. The publication shall clearly explain the changes, 
and the application with its revised form and content 
shall become effective as of the new publication date and 
be entered in the Register of Geographical Signs. 
Where an objection is found to be valid. the applica­
tion shall be refused and the decision published in the 
Official Gazette and entered in the Register of Geograph­
ical Signs. IP /N/1/TURlG/1 
Page 6 
Fees, Payment Periods and Effects 
Art. 13. Filing, registration and publication fees and 
any other fees specified in the Implementing Regulations 
shall be payable by the applicant or his agent. 
The payment dates of the fees specified in the Imple­
menting Regulations shall be notified to the applicant or 
his agent by the Institute. 
An application shall be considered withdrawn where 
any of the fees have not been paid within the prescribed 
period. 
Section V 
Persons Having the Right to Practice, Agents 
Persons Having the Right to Practice 
Before the Institute 
Art. 14. The following persons shall have the right to 
practice before the Institute in relation to geographical 
signs: 
(a) natural or legal persons who are applicants; 
(b) authorized trademark agents who are registered 
in the Trademark Agents Register in accordance with 
Decree-Law No. 544. 
Legal persons shall be represented by natural persons 
duly empowered by their respective authorized bodies. 
Persons domiciled outside the country may only be 
represented by trademark agents. 
Where an agent has been appointed, all procedures 
shall be conducted through the agent. All notices served 
on the agent shall be considered served on the principal. 
PART II 
SCOPE OF PROTECTION AND USE 
Section I 
Scope of Protection 
Scope of Protection 
Art. 15. Persons entitled to file an application for a 
geographical sign and those entitled to use a protected 
geographical sign shall have the right to prevent third 
parties from engaging in the following: 
(a) direct or indirect commercial use of a registered 
name in connection with goods that are similar or compa­
rable to the registered goods, or any use of the name that 
would exploit its reputation; 
(b) any use as a word of a name denoting a real geo­
graphical place in a manner that conveys a false impres­
sion of origin, or use of the name in translation or accompanied by expressions such as "style," "type," 
"method," "as produced in" or other similar qual ifying 
terms; 
(c) any use of false or misleading infonnation. as to 
the origin, nature or essential qualities of the product on 
its packaging, or in advertising material or documents re­
lating to the product; 
(d) any packaging of the product in a container that is 
liable to convey a false impression as to its origin, or any 
other practice liable to mislead the public. 
Us~ Beyond the Scope of Protection 
Art. 16. Where a registered name contains the generic 
name of the product, the use of that generic name shall 
not fall within the scope of Article 15. A registered 
geographical sign may not be the generic name of the 
product. 
Section II 
Use of Geographical ~ames and Inspection 
Use of the Regist(red Name 
Art. 17. A registered geographical name shall be used 
only o~ goods that comply with the conditions laid down 
in this Decree-Law. 
A registered appellation of origin shall be used com­
mercially by the producers active in the registered geo­
graphical area in connection with goods specified in the 
Register, subject to compliance with the quality and other 
requirements likewise specified in the Register. The use 
of a registered geographical indication shall be condition­
al on at least one of the activities of production, process­
ing or preparation of the product being perfonned within 
the boundaries of the place, area or region specified in the 
Register and on the product complying with the quality 
and other requirements like\'.:ise specified in the Register. 
Relation to Trademarks 
Art. 18. Where a geographical sign has been filed for 
registration in accordance with this Decree-Law, the ap­
plication for the registration of a trademark that is cov­
ered by the provisions of Article 15 or is to be used in 
connection with the same product shall be refused. 
A claim under Article 15 of this Decree-Law may be 
asserted against an application for the registration of a 
trademark within five years of the general recognition in 
Turkey of the violation of the registered geographical 
sign. A claim may also be asserted against a registered 
trademark within five years of the date of registration, 
provided that the date of general recognition of the viola­
tion of the geographical sign is earlier than the publica­
tion date of the trademark. Claims under the second paragraph of this Article may 
be asserted only for a valid geographical sign registered 
in good faith. 
Trademarks registered in breach of the fIrst paragraph 
of this Article shall be declared invalid. 
The validity of a registered trademark shall be upheld 
and its use in good faith may continue where the applica­
tion for registration of the trademark was fIled in good 
faith and registered, or where the right of use was ac­
quired before the registered geographical sign had been 
granted protection in its country of origin or before this 
Decree-Law came into force. 
A previously registered trademark with features that 
are liable to mislead the public as to the actual character­
istics of the product shall not be registered as an appella­
tion of origin or as a geographical indication. 
Use in Good Faith 
Art. 19. The provisions of Article 15 shall not extend 
to geographical signs that have been used in good faith 
for a continuous period of at least 10 years prior to 
April 15, 1994, that is, the date of the signature of the 
Agreement Establishing the World Trade Organization. 
Inspection 
Art. 20. Any association, regardless of its legal form, 
of producers or processors of a product that has registered 
the related geographical sign in accordance with this De­
cree-Law shall possess sufficient qualified staff, equip­
ment and resources with which to inspect the production, 
marketing and medium of use of registered appellations 
of origin or geographical indications, and the labeling 
details of the product bearing the protected geographical 
sign. The cooperation of competent experts and indepen­
dent bodies may be sought. 
The scope and form of the inspection procedures shall 
he governed by the Implementing Regulations. 
PART III 
INVALIDITY OF GEOGRAPHICAL SIGNS AND 
TERMINA TION OF THE PROTECTION PERIOD 
Section I 
Invalidity of Geographical Signs 
Art. 21. A registered sign shall be declared invalid by 
the court in the following cases: 
(a) where it is proved that the conditions for protec­
tion specified in Articles 3, 5 and 8 of this Decree-Law 
have not been fulfilled; 
( b) where it is proved that the right provided for in 
Article 7 of this Decree-Law actually belongs to another 
person. or persons; IP INIIITURlGIl 
Page 7 
(c) where it is proved that the inspection provided for 
in Article 20 of this Decree-Law has not been properly 
conducted. . 
Claims relating to entitlement under Article 7 may 
only be asserted by those who have rights under 
Article 7. 
Request for Invalidation 
Art. 22. Any person may request the invalidation of a 
geographical sign. 
Effects of Invalidity 
Art. 23. Where a geographical sign has been declared 
invalid, the declaration of invalidity shall have retroac­
tive effect. The legal protection afforded to a registered 
geographical sign by this Decree-Law shall therefore be 
deemed never to have existed from the outset when the 
sign is declared invalid. 
. The retroactive effect of invalidity shall not extend to 
the following: 
(a) any final judgment for infringement of the rights 
in a geographical sign that has been reached and enforced 
prior to the declaration of invalidity; 
(b) contracts concluded and executed prior to the dec­
laration of invalidity; 
(c) however, partial or total repayment of sums paid 
under the contract may be claimed, on grounds of equity, 
to an extent justifiable by the circumstances. 
A final declaration of invalidity shall be effective 
against all persons. The court decision received by the 
Institute shall be entered in the Register and published 
within the period prescribed by the Implementing Regu­
lations. 
PART IV 
INFRINGEMENT OF GEOGRAPHICAL SIGNS AND 
PROCEEDINGS FOR INFRINGEMENT 
Section I 
Infringement of Rights Arising from a 
Registered Geographical Sign 
Acts of Infringement 
Art. 24. The following uses of a geographical sign by 
third parties not entitled to engage in such uses shall be 
regarded as infringement: 
(a) any use that would exploit the reputation of the 
registered name or any direct or indirect commercial use 
of the registered name for products that are similar or 
comparable to the products registered; IP/N/l/TURlG/l 
Page 8 
(b) any use of the name in a form which, by indicating 
a real geographical place as a word, conveys a false im­
pression of the origin of the product, or use of the name 
either in translation or accompanied by expressions such 
as "style," "type," "method," "as produced in" or the like; 
(c) any use of false or misleading infonnation as to 
the origin, nature or essential qualities of the product on 
the packaging thereof or in advertising material or docu­
ments relating thereto; 
(d) any form of packaging or representation of the 
product that is liable to convey a false impression as to its 
origin, or any other practice liable to mislead the public; 
(e) participation or assistance in or any form of en­
couragement or furtherance of the acts referred to in sub­
paragraphs (a), (b), (c) and (d), above; 
(f) failure to explain where and how an illegally pro­
duced and marketed product has been obtained when 
found to be in possession thereof. 
Where the application for a geographical sign has 
been published under Art. 9 of this Decree-Law, the hold­
er of the application rights may institute civil and crimi­
nal proceedings against infringing parties. 
Art. 24A .-( a) Persons who make false statements as to 
the true identity of the holder of geographical sign rights, 
or who remove without authority the notice of geograph­
ical sign rights properly placed on a product or on its 
packaging, or who falsely present themselves as owners 
of the rights in a geographical sign application or geo­
graphical sign shall be sentenced to imprisonment for a 
term of between one and two years and to a fine of be­
tween 300 million and 600 million !iras. 
(b) Persons who affix signs on a product produced or 
placed on sale by themselves or by others, or on the pack­
aging thereof or in commercial documents or advertising 
material in such a way as to convey the impression that a 
relationship exists with legally protected geographical 
sign rights, or who use to the same end written matter, 
signs or expressions in advertisements and commercials 
in the published and visual media without being the right­
ful owner of the geographical sign rights, or for such acts 
performed after the expiry of the term of protection or 
after the invalidation or termination of the geographical 
sign rights shall be sentenced to imprisonment for a term 
of between two and three years and to a fine of between 
600 million and one billion liras. 
(c) Persons who have committed any of the offenses 
specified in Article 24 shall be sentenced to imprison­
ment for a term of between two and four years and to a 
fine of between 600 million and one billion liras, in addi­
tion to which the judgment shall order the closure of the 
premises of their undertaking for a period of not less than 
one year, during which time they shall also be prevented 
from practicing any commercial activity. 
Where the offenses specified above are committed by 
persons working in the undertaking, either on their own 
initiative or on instructions given them in the course of their duties, the staff and the owner or manager or their 
representative or the person holding whatever title who is 
de facto managing the undertaking who have not prevent­
ed the offense shall be punished in the same manner. 
Where the offenses specified in Article 24 have been 
committed in the perfonnance of tasks on behalf of a le­
gal entity, the legal entity shall also be liable for the 
fines, expenses and damages in place of the actual per­
sons who have committed the offense. For those assisting 
in the acts, depending on the nature of the action, tbe pro­
visions of Articles 64, 65, 66 and 67 of the Turkish Penal 
Code shall apply. Prosecution for the offenses specified 
above shall take place on a complaint. 
Subparagraph 8 of paragraph 1 of Article 344 of Cri m­
inal Procedure Code No. 1412 shall not apply to the im­
plementation of the provisions of this Article. The righ~ 
of complaint shall belong to the person whose geograph­
ical sign rights have been infringed, and also to the Ins6-
tute for all offenses except those provided for in Arti­
cle 24; it shall belong to consumer associations and to 
establishments governed by Law No. 5590 or 507 for 
false statements as to the true identity of the holder of the 
geographical sign rights, and for the affixing of signs on 
a product produced and placed on sale by oneself or by 
others, or on the packaging thereof or in commercial doc­
uments or advertising material in such a way as to convey 
the impression that a relationship exists with legally pro­
tected geographical sign rights, or for the use to the same 
end of written matter, signs or expressions in advertise­
ments and commercials in the published and visual media 
without being the rightful owner of the geographical sign 
rights, or for such acts performed after the expiry of the 
tenn of protection or after invalidation or tennination of 
the geographical sign rights. 
Proceedings against such offending acts should be ini­
tiated within two years of the date on which the offending 
act and the offender became known. Complaints concern­
ing acts falling within the scope of this provision shall be 
treated as urgent matters. The provisions of Article 36 of 
the Turkish Penal Code and the relevant Articles of the 
Criminal Procedure Code shall apply to the seizure, con­
fiscation or destruction of the goods, and of the equip­
ment and machinery used to produce the goods, in 
relation to which offenses have been committed through 
infringement of the rights arising from a geographical 
sign application or a protected geographical sign in ac­
cordance with this Decree-Law. 
Section II 
Civil Proceedings 
Action by the Holder of Rights and the Competent Court 
Art. 25. The holder of the rights in a geographical sign 
whose rights have been infringed may in particular apply 
to the court for the following: (a) recognition of the existence of an infringement; 
(b) prohibition and prevention of the acts infringing 
the rights in a geographical sign; 
( c) remedies for infringement and compensation for 
damages incurred; 
(d) confiscation of the goods produced or marketed 
and of the equipment used directly to produce such 
goods; 
(e) enforcement measures to prevent the continued 
infringement of geographical sign rights, in particular the 
destruction of the goods and equipment if essential for 
the prevention of the acts of infringement or the alter­
ation of the goods and. equipment confiscated under sub­
paragraph (d), above; 
(f) disclosure of the court judgment to the public and 
to those concerned, the cost thereof to be met by the of­
fending party. 
With regard to the measures, the court shall rule on 
~cautionary measures in accordance with the relevant 
provisions of the Civil Procedure Code. 
The competent court for the institution of civil pro­
ceedings against third parties by the holder of the rights 
in a geographical sign shall be the court of the domicile 
of the plaintiff, the place in which the act was committed 
or the place in which the act had effect. 
Where the plaintiff is not a citizen of the Republic of 
Turkey, the competent court shall be that of the domicile 
of the authorized agent entered in the Register or, if the 
agent's registration has been cancelled, that of the domi­
cile of the Institute. 
The competent court for the institution of proceed­
ings by third parties against the holder of the rights in 
a geographical sign shall be the court of the domicile 
of the defendant. If the applicant for or holder of the 
rights in a geographical sign is not domiciled in Turkey, 
the provisions of the third paragraph above shall 
prevail. 
Where there are several competent courts, the court at 
which the proceedings are instituted first shall be the 
r .... rnpetent court. 
Compensation 
Art. 26. Infringers who have committed acts provided 
for in Article 25 shall be liable for the damages incurred 
by the holder of the rights in a geographical sign. 
Documents Evidencing Infringement 
Art. 27. The holder of the rights in a geographical sign 
may request from the infringing party the documents re­
lating to the use of the geographical sign for the assess­
ment of the injuries suffered as a result of the exploitation 
of the sign without his consent. IP/NIl/TURlGIl 
Page 9 
Compensation Not to Be Requested 
Art. 28. The holder of the rights in a geographical sign 
may not institute proceedings under this Section of this 
Decree-Law against persons who have used goods placed 
on the market by a person who has paid compensation to 
the holder of the rights in a geographical sign. This provi­
sion shall not apply if there is evidence of bad faith. 
Time Limit 
Art. 29. The provisions of the Code of Contractual 
Obligations on time limits shall apply to the time limits 
for action against infringements of the rights in geo­
graphical signs. 
Section III 
Special Courts 
Competent Courts 
Art. 30. Special courts to be established by the Minis­
try of Justice shall have jurisdiction over all actions and 
claims provided for in this Decree-Law. 
The High Council of Judges and Prosecutors shall de­
termine which of the commercial courts of first instance 
and criminal courts of first instance are to be appointed as 
special courts, and shall specify the jurisdiction of each 
one on a request from the Ministry of Justice. 
The special courts referred to in the first paragraph 
above shall have jurisdiction over actions brought against 
decisions of the Institute under this Decree-Law and over 
actions brought against the Institute by third parties who 
have suffered from its decisions. 
Publication of the Court's Decision 
Art. 31. Where a court judgment has become final, the 
successful party may request the publication in full or in 
summary form of the final judgment in a daily paper, lo­
cal paper or other medium, the cost thereof to be met by 
the other party. 
The nature and extent of the publication shall be spec­
ified in the judgment. The right of publication shall be 
void if not exercised within three months of the judgment 
becoming final. 
Section IV 
Special Provisions 
Claims of Non-Infringement 
Art. 32. Any interested party may institute proceed­
ings against the holder of the rights in a geographical sign 
to obtain a non-infringement ruling. IP/N/1/TURlGIl 
Page 10 
Action to Secure Evidence 
Art. 33. Any person legally entitled to assert rights 
arising from a geographical sign may request the court to 
determine and secure evidence of acts of infringement. 
Request for Precautionary Measures 
Art. 34. Any person legally entitled to bring action 
under this Decree-Law may request the court to order 
precautionary measures. 
The request for precautionary measures may be filed 
before or on the institution of proceedings or later. The 
request for precautionary measures shall be examined 
separately. 
Nature of the Precautionary Measures 
Art. 35. The precautionary measures shall be of such a 
nature as to permit the securing of the judgment and shall 
in particular provide for the following: 
(a) cessation of acts of infringement of the rights of 
the plaintiff arising from a geographical sign; 
( b) seizure within the borders of Turkey, including at 
the customs or in free ports or free trade areas, and the 
holding in custody, of produced or imported goods that 
have infringed the rights in a geographical sign; 
(c) provision of security for such damage as may have 
to be compensated. 
Civil Procedure Code 
Art. 36. The provisions of the Civil Procedure Code 
shall apply to other securing actions and precautionary 
measures. Seizure at Customs 
Art. 37. The customs authorities shall as a precaurlon-­
ary measure withhold infringing goods as fraudulent cop­
ies on either importation or exportation. 
Withholding procedures shall be laid down by legisla~ 
tion enacted for the purpose. 
The withholding measure applied by the customs au­
thorities shall cease to have effect if proceedings are not 
instituted before the special court or if a preventive in­
junction is not obtained from the court within 10 days of 
the said measure. 
TRANSITIONAL PROVISION 
Jurisdiction Pending Appointment of the Special CouTrs 
Transitional Provision 1. For the purposes of this De­
cree-Law, until the special courts are established, at the 
request of the Ministry of Justice, the High Council of 
Judges and Prosecutors shall select, from among the com­
mercial courts of first instance and the criminal courts of 
first instance, those to be appointed as special courts, and 
shall specify the jurisdiction of each. 
Entry Into Force 
Art. 38. This Decree-Law shall enter into force on tbe 
day of its publication. 
Execution 
Art. 39. This Decree-Law shall be executed by the 
Council of Ministers. 