Registration of geographical indications questions and answers

What is a Geographical Indication?a specific quality, reputation or other characteristics as an area where the origin, region, region or country name indicates a product identified with signs or "geographical indication is called".

geographical Indications, characterized by the natural product identified with the fore and of which, Agriculture, Mining and signs are given to crafts and industrial products.

Any product of a region, fruit, Move, mine may be different from those produced in other regions carpet is produced in a region or, rug, fabric, tiles etc.. It is gained any reason,. that the use of these products on the area's name, The like of that product by consumers perceived as having different properties.

consumers, Sold under the name of the local products it can safely be said that they heard the name of the locality, You may prefer other products of the same type.

geographical Indications, traditional knowledge is shaped like a product, packed the, A size that is received and sold. The quality of the product, It is an assurance that symbolizes tight link established between the traditional production method and geographical source. as geographical indications of origin and geographical indication are assessed in two different ways.

What is the Name of Origin?

Production of products which are subject to geographical indication protection, All of the processing and other processes, If you have to place limits specified in the geographic area of ​​geographical indications in this case "appellation is called". Origin of name, Requires that all of the issues identified by the product produced in the place of origin on behalf of.

Products to be produced outside the geographical region to which they belong. Because the product, but in the region to which it belongs may qualify if their production.

(for example; Eskisehir Meerschaum, Erzincan Tulum Cheese, Aegean Cotton, Malatya apricots, Elazig grapes Okuzgozu)

What is the geographical sign?

Production of Product, at least one of processing and other processes, If you have to place limits specified in the geographic area in this case geographical indications “geographical indication” called.

at least one of the characteristics of the product subject to the condition that the Geographical Indications that originate from the region, produced outside the region it can be mentioned in the subject.

In this production, Using the same geographical area to which they are necessarily of the same production process and the quality of the product.

(for example; Damal baby, Isparta Carpet, Siirt Blanket, Kebab of adana, Çorum Roasted Chickpeas, Mardin ribs)

What is the difference from other Intellectual Property Rights of Geographical Indications?

geographical Indications, Not a single manufacturer, Protects all persons engaged in the production, under certain conditions.

Because; geographical indications areal, regional, local, A national generality, It has a sense of anonymity, it provides a certain individual rights or can not connect to some people.

Purpose of Geographical Indication Registration

• Maintaining the quality of the product subject to geographical indications,
• ensuring production known feature,
• Preferential use is to provide protection in the region of its production in the subject geographic mark or feature.
• It is to protect the national and cultural values ​​of the country.

Provided with registration Protection Why is it Important?

The purpose of registration of geographical indications, As general characteristics of production, a team is to ensure the protection of certain products have gained a reputation as a local in nature, depending on the source.

Of each province in our country, Each district where even a certain product constitutes the source of production and the fact that reputation with this product.

Naturalness, conventionalism, sustainable quality, All these features are deemed to regional development and geographical indications, such as the added value of collateral to compete in the world market.

Who in Discoverable Geographical Indication Application?

• natural or legal persons who are producers of the product
• Consumer associations
• public institutions and the relevant geographical area

They have a right to Geographical reference mark.

Who can use the Geographical Indication?

Geographical mark, Anyone who can use production according to the conditions laid down in the registration.

What are the Signs registered as Geographical Indication unacceptably?

• names and marks do not meet the definition of geographical indications,
• The product has been self name names and marks,
• plant species which are likely to mislead the public about the true source of the product, animal breeds or similar names,
• Marks contrary to public order and public morals,
• Paris Convention and the agreements establishing the World Trade Organization member countries in the protection or protection has expired or unused names and marks.

Protection of Geographical Indications

geographical indications in Turkey, 1995 date and 555 They are protected by registration under Decree Law No..

Since the Geographical Indication Registration and Withdrawal

Turkish Patent Institute, Examines applications for geographical indications made to him. Refer to the information and documents contained in the missing, To correct the deficiencies 3 Recognize month period. lack of time does not resolve the application will be rejected.
555 geographical indication of origin bearing the names of the applicants in the local newspaper with Decree Law no circumstances Official Gazette, geographical marks the Official Gazette and highest circulation nationwide, as well as the distribution of local newspapers published in one daily newspaper.

Appeal period from the date of publication in the Official Gazette 6 months. registration of geographical indication applications, Finalized as of the date of publication in the Official Gazette. Registration fees related to the finalization of the registration application 3 It must be paid within the month.

Under current Geographical Indication Registration Is the Whole World in Turkey?

The geographical indications registered in Turkey is valid only within the borders of Turkey. for protection in each country abroad, According to the applicant countries' legislation should.

What are the Geographical Indication Protection of the Rights Provided?

To provide benefits in any form resembling a registered name of the user or registered under the registered name of the product or products can be directly or indirectly with respect to evoke commercial use is prevented.
As word of the product in an unfair manner, although people express real geographic location, leaving the impression that originated elsewhere use; or use of a protected name translation; or "style", "Style", "Type", "Species", "Method", "There is produced in a manner" or similar terms to use in conjunction with other description or prevented.

Product of the inner or outer packaging, promotion and advertising, or by any natural or essential qualities and characteristics of a written document related to the product is avoided any explanation given false or misleading about the origin or symptoms.

be packaged in a way that could mislead the public about the origin of the product or to be presented in any other form that could create errors are avoided.

What is the relationship with the Trademark Geographical Indications?

Registration of geographical indications, It does not give the right to individual property. It provides a common user rights for manufacturers of products that are subject to geographical indications.

Geographical indications can not be registered as trademark.

What are the Geographical Indication Protection of the Rights Provided?

People suffer a violation of rights arising from a geographical sign, Compensation for the infringement damages may request the competent court.