We have been advised that, effective June 27, 1995, the laws relating to patents, industrial designs, trademarks and geographical indications were amended by separate Decree Laws. A summary of the principal changes effected in each of the laws is set forth below. However, we have been advised that the Patent Office is still working on the implementation of these new laws.

In order to implement its obligations under the GATT-TRIPS Agreement, unless changed by an order of the Government in Council, the prohibition on the grant of patents on pharmaceutical products will end on January 1, 2005, and on the grant of patents for a process for producing pharmaceutical products on January 1, 2000. In the meantime, "black box" applications for such inventions may be filed although no patent will be granted on such applications until after the dates indicated.

For applications filed on or after June 27, 1995, a new procedure will apply. As at present, the application must be subject to a novelty search by the European or Austrian Patent Office. It will then be published for third-party oppositions and, unless the applicant or a third party requests immediate substantive examination, a "certificate of non examined rights" will be issued, giving "quasi" patent rights for a period of seven years. To obtain full patent rights for a twenty-year term, a substantive examination as to novelty, inventive step, and industrial applicability must be carried out by either the European or Austrian Patent Office. A request for substantive examination may be filed by the applicant or by a third-party "opponent".

The new law retains the obligation on a patentee to work the patent in Turkey no later than three years from the issue of a certificate giving patent or quasi-patent rights (i.e., irrespective of whether examination has been requested). The working requirement can, however, be met by importation of the patented product or by offering to license the patent. In the absence of such working, the patent will be subject to the possible grant of a compulsory license.

The new law also provides for the possibility of restoration of patents that have lapsed by failure to pay a renewal fee, irrespective of whether they were granted under the old or the new law.

The new law also provides for the first time the possibility of utility model protection of innovations that are novel and have industrial applicability but that are not necessarily inventive over the prior art. Protection by way of a utility model will be for a maximum period of ten years from filing.

Under the new law, designs may be protected for an initial period of five years extendable by successive five-year periods up to a maximum of 25 years. The definition of what is protectible as a design is an interesting one, namely, the appearance of the whole or a part of a product comprising elements or features of ornamentation, drawing, pattern, configuration, color, texture, material or resiliency that appeal to human senses. Protection for computer programs and semiconductor topography is explicitly excluded, but typographical type faces are included.

Novelty is to be determined on the basis of what is available to the public in Turkey or has been commercialized anywhere in the world.

Decree Law No. 555 Concerning the Protection of Geographical Indications provides rules for the registration of designations of origin and indications of source. Applications for geographical indications, if accepted, will be published for opposition and the opposition period will be 6 months from publication.