e-book2011

MISCELLANEOUS

335

Appeal and Litigation Procedure against the

Turkish Patent Institute’s Decisions

Att. Ceda Buyukoral

Decree Law No.556 Pertaining to the Protection of Trademarks

(“Decree Law no 556”), article 47 and the following articles regulate

the appeal and litigation procedure against the Turkish Patent Institute’s

(“TPI”) Decisions.

Appeals against the Decisions of the TPI

According to article 47, appeals may be placed against the decisions

of the TPI. Persons entitled to appeal are regulated under article 48.

Accordingly, any party adversely affected by a decision of the TPI may

appeal against the decision of TPI. Others who are party to the procedures

with respect to the decisions shall have the authority to appeal directly.

According to article 49 titled as “Form and Duration of Appeal”,

notice of appeal must be filed in writing to the TPI within two months

after the date of notification of the decision. However, in order to examine

the appeal, the fee for the appeal has to be paid when filing of the notice.

Also, if the statement of grounds for the appeal has not been submitted

within the period of two months, the appeal shall be deemed not to be

filed.

Pursuant to article 36 of the Implementation Regulation under

the Decree Law no 556, the appeal shall be filed to the TPI within the

specified periods with a signed petition explaining the grounds of the

appeal including the original receipt of the full payment for the appeal

and if an attorney is appointed, the power of attorney of the attorney

shall be attached to the petition. In case all the documents have not

been submitted at the time of the appeal, the missing documents may be

completed within the period of appeal. For appeals against the decisions,

if all the documents have been submitted, the examination may commence

before the end of the two months period. If the specified documents have

Article of December 2011