02 / 02 / 2014

Protection of Geographical Indications (GIs) in Turkey

a) Regulatory Framework

GIs in Turkey are regulated mainly by the following legislations in the order of supremacy; 1) The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement 1994) and; 2) The Turkish Decree Law No. 555 on the Protection of Geographical Indications (“Decree Law No. 555”) 3) The Regulation Concerning the Implementation of the Decree Law No. 555 , Published in the Official Journal (Resmi Gazete) No:22454 on 5 November 1995.

In general pursuant to the above mentioned legislations, a GI identifies a good as originating in a particular region, where a given quality of the good is attributable to its place of origin (region/area, defined geographical boundaries or in very rare and specific cases to a country). The Decree Law No. 555 defines Geographical Indication as an indication that marks an apparent quality, reputation, and other features of a product as related to its locality, area, region or country of origin where it is produced (in very rare cases), and categorizes GIs into two, namely mark of origin (PDO) and mark of provenance-geographical indication (PGI) (the Decree Law No. 555 Article 3).

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