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The Importance of Geographical Indications in Turkey

‘‘Geographical indications are the signs given to natural products, metals, agricultural products, handicrafts and industrial products which distinguish themselves from other products by their distinctive qualities and which are identified with the area or region in which they are located. In Turkey, the importance of geographical indication is so breat because it allows the protection of products that have a certain reputation due to their local qualities in relation to certain features of their origin. ’’
 
Geographical indications provide protection for products that have a certain fame in terms of certain local characteristics such as production and resource. As Sistem Patent company, we carry out all procedures for the registration of geographical indications.
 
It is also true that in Turkey all cities, even the counties, are the source for the manufacture of a certain product and have made a reputation with those specific products. 
 
Qualities such as naturalness, tradition, sustainable quality, regional development and the guarantee of being competitive on the world market are included in the added value that geographical indications offer.
 
The geographical indication application may be carried out by real or legal persons and consumer associations producing the product subject to geographical indication and by public entities which are related to the subject and geographical area. With the registration of geographical indication, the rights of all those who manufacture and market in accordance with the provisions of the certificate of registration rather than the rights of a single manufacturer are protected.
 
This feature of geographical indications makes the most basic characteristic of them which is different from other industrial property rights. This is because geographical indications are not only local and national in nature, but also that the rights provided by these indications cannot be attributed to a certain person or some persons. On the other hand, the existence of a system of examination of geographical signs constitutes a distinct feature of their other industrial property rights. The main purpose of the geographical indications is to protect the products which have a certain reputation due to the local qualities related to the properties of the origin they are produced in. If we give an example, the concept of "Corum Leblebi", “Kars hand carpet” and “Afyon Kaymak” is a sign of a certain quality.
Registration Rights of Geographical Indications:
  • With the registration of the geographical sign, the protection period starts with the registration process and can be extended indefinitely.
  • Geographical indications may be transferred, inherited, licensed and pledged or seized.
  • The right holder has the authority to take the following measures if the geographical indications are presented by third parties in the same product and service sector without the consent of the right holder.
 
Activities that will benefit in any way from the registered name, indirect or direct commercial activity related to registered products that are related to the registered products,
 
A geographical indication is used to identify a product identified with a locality, area, region or country. In this context, a product which is registered with a geographical indication prevents the registration of other products which bring to mind this product or which is associated with this product, or commercial activity using the same name.
 
These signs prevent third parties from misleading society and unfair competition. They prevent the creation of a sense that a product is produced locally, regionally or in an area-specific manner when it is not produced in that region or area.
 
They also prevent the use of a misleading description when expressing the product's origin, the product's promotional ad, and the product's shape and origin characteristics in the product's packaging.
 

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