WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TUR/I/1
17 July 2000
(00-2904)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
TURKEY
The present document reproduces the text1 of Decree-Law Nº 544 for the Establishment and
the Functions of the Turkish Patent Institute, as notified by Turkey under Article 63.2 of the
Agreement (see document IP/N/1/TUR/2).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TURQUIE
Le présent document contient le texte
1 du Décret-loi n° 544 portant création de l'Institut turc
des brevets et définissant ses fonctions, notifié par la Turquie au titre de l'article 63:2 de l'Accord (voir
le document IP/N/1/TUR/2).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
TURQUÍA
En el presente documento se reproduce el texto
1 del Decreto Ley Nº 544 de creación y
organización del Instituto Turco de Patentes, que Turquía notificó de conformidad con lo dispuesto en
el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/TUR/2).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/TUR/I/1
Page 2
DECREE-LAW NO. 544
FOR THE ESTABLISHMENT AND
THE FUNCTIONS OF
THE TURKISH PATENT INSTITUTE
Decision No: KHK/ 544
_____________________
The establishment of the Turkish Patent Institute has hereby been decided by the
Council of Ministers on 19/6/1994 based on the power granted by the Law No:4004 dated
16/6/1994.
PART ONE
General Provisions
SECTION ONE
Establishment and Objective
Establishment and Objective
Article 1  - Turkish Patent Institute has hereby been established, as an independent
legal entity with a special budget being attached to the Ministry of Industry and Trade to beliable under special judiciary provisions for matte rs not provisioned by this Decree-Law, with
the objective of supporting the technological deve lopment in Turkey and of establishing and
protecting of industrial property rights, as we ll as providing the public with the world-wide
information on industrial property rights, ther eby supporting the cultivation of a competitive
environment and the development of research & development activities. The Turkish PatentInstitute established as a public institu tion shall have ''TPE'' as its initials.
The headquarters of the TPE shall be in Ankara.
Definitions
Article 2  - For the purposes of this Decree-Law the following when cited in the text
shall mean as:
a) Institute: The Turkish Patent Instituteb) Managing Board: Managing Board of the Turkish Patent Institutec) Advisory Board: Advisory Board of the Turkish Patent Instituted) Presidency: Presidency of the Turkish Patent Institutee) Ministry:  Ministry of Industry and Trade.IP/N/1/TUR/I/1
Page 3
SECTION TWO
Functions and Organisation
Functions
Article 3  - Institute, with the objective of gi ving support to the technological and
industrial development of the country, shall:
a) implement services for the registration of industrial property rights provisioned by
the Patent and the Trademark Laws and other related Acts and undertak e related activities for
the protection of such rights thereof,
b) act as the mediator in the cases of compulsory licensing and act as technical
advisors at the courts,
c) enter into the related registers the transfer and licensing agreements,d) keep watch on the usage of inventions , and store and disseminate information on
new technologies and technology transfers,
e) establish co-operation with interna tional organisations and other foreign
organisations which are active in the same area of interest,
f) represent Turkey at the international or ganisations as approved by the Ministry,
g) contribute to the preparation of the in ternational agreements  on industrial property
rights within the perspective of the country 's needs and interests, and implement these
agreements in Turkey,
h) undertake co-operation with interna tional organisations which are pursuing
technology and research & development activ ities, and create documentation centres and
supply information to the public,
i) publish material on industr ial property rights and a periodical with the name of
Turkish Industrial Property Gazette,
j) undertake necessary studies and action to  inform the public on the developments in
industrial property matters,
k) undertake other functions as delegated by the laws.
Organs and Administrative Units
Article 4  - Institute shall be composed of the following organs and administrative
units:
a) Managing Boardb) Advisory Boardc) Presidencyd) Re-examination a nd Evaluation Board
e) Main Administrative Unitsf) Auxiliary Service Unitsg) Consultancy Units
Managing Board
Article 5  -  Managing Board is the highest management and decision making organ of
the Institute.IP/N/1/TUR/I/1
Page 4
The  Managing Board shall have seven members, as composed of one member each
from the Ministry of Justice and Ministry of  Finance, two members from the Ministry of
Industry and Trade or attached institutions, the President and the two vice-presidents of the
Institute'.
President of the Institute shall act as the Chairman of the Managing Board.Board members shall be appointed by a joint-decree upon the request of their
respective Ministries. President and vice-presidents shall be a ppointed by a joint-decree upon
the request of the Ministry of Industry and Trade.
The term of office of the members of the Ma naging Board shall be five years, and may
be renewable at expiry.
Replacement of vacancies in the Board shall be appointed by the same rules and the
new appointee shall serve the remain ing term of the replaced member.
Managing Board shall elect one of the vice-presidents to replace the President in the
event of the President's absence at the Board meetings.
The procedures and rules of work of the Managing Board shall be determined by an
Implementing Regulation to be issued by the Ministry.
The Functions and Powers of the Managing Board
Article 6  - The Managing Board shall be responsible for ensuring that the Institute
performs the duties conferred on it by this Decr ee-Law and other statutory obligations. For
these purposes the Board:
a) shall take all the necessary administrative, financial and technical measures to
enable the Institute to perform its duties e fficiently and productively. Shall prepare the
implementing regulations and put  to implementation, upon the approval of the Ministry as
required for the effective performance of the Institute.
b) shall execute the statutes related with the Institute,c) shall approve the Institute's budget,d) shall deliberate and decide upon the activity and financial reports,
e) shall prepare and execute short and l ong term work programmes and determine
topics of research on industrial property rights  within the perspectives of the development
plans and the yearly programmes,
f) shall prepare, and submit for approval to the Ministry, the schedule of fees to be
implemented for the services of the Institute,
g) shall decide upon the appointme nts requested by the President,
h) shall, where necessary call the meetings of the Advisory Board,
i) shall deliberate and decide upon the advi sory decisions of the Advisory Board,
j) shall decide on organising symposiums, seminars, conferences or similar activities
to inform the public on the topics within the Institute's area of responsibility,
k) shall create, where it is found to be necessary, permanent or ad hoc committees to
obtain the observations of experts in the industrial property area,IP/N/1/TUR/I/1
Page 5
l) shall decide on the purchase, sale or rental of fixed and liquid assets of the Institute
and on the construction of an administration building.
The Managing Board shall have a minimum of  two meetings a month, at the request of
the Chairman of the Board.
The Managing Board shall convene with a minimum of four members, and decisions
shall be taken by a simple majority of those attending. In case of equal casting of votes, the
Chairman's vote shall count as double.
One or more members of the Managing Boar d may assign powers of attorney to the
Chairman in writing and defining clearly the scope of the assigned power. However, suchassignment of power shall not remove the liabilities of the assigning member.
Advisory Board
Article 7 -  Advisory Board as the consultative unit of the Institute shall be composed
of:
one member each from the Ministries of Justice, Defence, Foreign Affairs,
Transportation, Environment, Industry and Trad e, and Culture; one member each from the
Undersecreteriats of the State Planning Orga nisation, Treasury, Foreign Trade, and Customs,
one member from the Turkish Scientific and Technical Research Institute, five members fromthe Universities to be appointed by the High  Education Council, one member each from the
Turkish Atomic Energy Institute, the National Productivity Centre, the Union of Chambers ofArchitects, one member each from the Conf ederations of the Labour Unions and the
Employers Unions selected from confedera tions with the highest number of members.
The Managing Board may call experts to attend the meetings where required.The duration of the terms of the members of  the Advisory Board shall be two years.
Members may be re-elected upon termination of their term.
The procedures of work of the Advisory Board shall be defined by a Implementing
Regulation to be issued by the Ministry.
The Advisory Board shall convene at least once a year. The meeting shall be chaired
by the Ministry of Industry and Trade or by the person appointed by him.
The Functions of th e Advisory Board
Article 8 -  The Advisory Board, to assist the Institute in performing its activities,
shall:
a) provide advice and observations on the effective means of protecting industrial
property rights, creating a competitive e nvironment and promoting technological
development of Turkey within the perspectiv es of the development plans and the annual
programmes,
b) provide advice and observations on the Institute's principles of operation,IP/N/1/TUR/I/1
Page 6
c) provide advice and observations on the Institute's activity reports and financial
reports.
Presidency
Article 9  - President is the highest executive officer and represents the Institute.
Presidency is made up of the President and the two Vice-presidents.
President of the Institute and the Vice-presi dents shall be appointed by a joint-decree
for a term of five years. Upon termination of the term re-appointment sh all be available. The
Vacancy of office, for any reason, shall be fille d by appointment through the same procedure
within one month and the new appointee sh all complete the rema ining term of his
predecessor.
The President, Vice-presidents and Depa rtment Heads who have not been re-
appointed to the same position upon the termination of their terms,  shall be appointed to other
offices suitable with their salary scale earned as of right.
The President shall be responsible for ensuri ng that the services of the Institute are
executed in conformity with the national statutes, the international agreements in respect ofindustrial property rights to which Turkey has become party, the national security policies,
the development plans and the annual programmes, a nd with the decisions of the Managing
Board. President shall prepare the Institute's activity report and the financial report andsubmit for approval to the Managing Board. The President shall be liable for the actions ofthe Institute, and shall have the responsibility a nd be powered for the inspection of Institute's
activities and accounts.
Re-examination and Evaluation Board
Article 10  - The appeals of an applicant or of the third parties against the decisions of
the Institute, in respect of the registration proce dures of the industrial property rights, shall be
examined and evaluated by the Re -examination and Evaluation Board.
The decisions on the appealed matters to be  re-examined and evaluated shall be taken
by this board to be chaired by the President of the Institute or by one of the Vice-presidents ofhis choosing, and composed of minimum two me mbers appointed by the President from the
Institute among those who are experienced on the appealed subject matter and have not beenparty to the decision which has been appealed.
The decisions of the Re-examination and Eval uation Board shall be considered as the
final decision of the Institute. Actions can be brought against these decisions at the related
courts.
The principles of operation and procedur es of the Re-examination and Evaluation
Board shall be determined by an Implementin g Regulation to be approved by the Ministry.IP/N/1/TUR/I/1
Page 7
PART TWO
Administrative Units
SECTION ONE
Main Administrative Units
Main Administrative Units
Article 11 -  The main administrative units of the Institute are:
a) Patents Department,b) Trademarks Department,c) International Relations Department.
Patents Department
Article 12 -  The functions of the Pate nts Department shall be:
a) to receive, examine, search, register, and keep the records and files of patent
applications in conformity with the provisions of the related statutes,
b) to execute the procedures concerning tr ansfer, licensing and other amendments with
respect to patents and patent applications within the provisi ons of the related statutes,
c) to execute actions with respect to pub lication, classification and keep the Patent
Register,
d) to undertake other functions as ma y be delegated by the Presidency.
Trademarks Department
Article 13 -  The functions of the Trademarks Department shall be:
a) to receive, examine, search, register, and keep the records and files of trademark
applications in conformity with the provisions of the related statutes,
b) to execute the procedures concerning tr ansfer, licensing and other amendments with
respect to trademarks and trademark applications  within the provisions of the related statutes,
c) to execute actions with respect to  publication, classification and keep the
Trademark Register,
d) to undertake other functions as ma y be delegated by the Presidency.
International Relations Department
Article 14  - The functions of the Internati onal Relations Depa rtment shall be:
a) to follow up and examine the international agreements which are related with the
functions of the Institute, and to undertake necessary work to fulfil the requirements
prescribed by this agreements,
b) to undertake the necessary action to par ticipate at the international agreements in
conformity within the provisions of Law no: 1173,
c) to bring forward proposals to the Presid ency when amendments are required in the
statutes,
d) to follow up on and to acquire foreign statutes,IP/N/1/TUR/I/1
Page 8
e) to undertake other functions as ma y be delegated by the Presidency.
SECTION TWO
Auxiliary Service Units
Auxiliary Service Unit
Article 15  - The Auxiliary Service Units of the Institute are:
a) Personnel Department,b) Administration and Finance Department,
c) Information and Docu mentation Department,
d) Data Processi ng Department.
Personnel Department
Article 16  - The functions of the Pe rsonnel Departme nt shall be:
a) to undertake services related with k eeping personnel files, service contracts,
promotions, health, leaves, travel pay and other services related with the personnel,
b) to organise in-services traini ng programmes and social services,
c) to undertake other functions as ma y be delegated by the Presidency.
 Administration and Finance Department
Article 17  - The functions of the Administrati on and Finance Department shall be:
a) to execute the procedures with respect to procurement, payments, collection of
revenues as required by the Institute in conformity with the provisions of the related laws andstatutes,
b) to submit proposals to the Managing Board with respect to maintenance, repair and
cleaning services, and the procurement, sale or rental of the Institute's assets and implementthese as approved by the Managing Board,
c) to arrange for an efficient in flow and out flow of files as well as for the storage of
files,
d) to keep the records of the office equipment and supplies,e) to undertake other functions as ma y be delegated by the Presidency.
Information and Documentation Department
Article 18  - The functions of the Information and Documentation Department shall
be:
a) to publish educational and informa tive books, brochures, and periodicals with
respect to the functions of the Institute,
b) to publish documents on industrial property rights,c) to collect and store information and do cuments on patents and trademarks registered
locally and abroad, and to provide them to the service of the public,
d) to publish the Official Industrial Property Gazette,e) to undertake other functions as may be required by the Presidency.IP/N/1/TUR/I/1
Page 9
Data Processing Department
Article 19  - The functions of the Data Pr ocessing Department shall be:
a) to create a data processing system in the Institute and to operate and develop the
related hardware and the software,
b) to store the information and documents related with the indus trial property rights
into the media of the computer system,
c) to undertake the necessary arrangements to  enable the related units of the Institute
to gain easy access to the information stored in the computer system,
d) to undertake other tasks as may be delegated by the Presidency.
Consultative Units
Article 20 -  Consultative Units of the Institute are:
a) Research, Planning and Co-ordination Department,
b) Legal Department.
Research, Planning and Co-ordination Department
Article 21  - The functions of the Research, Pl anning and Co-ordination Department
shall be:
a) to assist in the preparation of the main policies and plans of the Institute,b) to develop plans and project for the productive utilisation of  the manpower, funds,
equipment and other such resources available for the execution of services in most effectiveand economic means,
c) to prepare the Institute 's annual operation programmes,
d) to follow up the technological developments,e) to undertake work to evaluate technological requirements for economic
development of the country,
f) to undertake other tasks as may be delegated by the Presidency.
Legal Department
Article 22  - The functions of the Le gal Department  shall be:
a) to undertake work for updating the provisions  of the statutes re lated with industrial
property rights,
b) to act as advisors to the Managing Board and the Presidency in respect of legal
matters,
c) to keep ready for service, national and international laws, treaties, regulations, other
statutes, reports and related works d ealing with industrial property rights,
d) to represent the Institute at the courts,e) to execute other tasks as may be delegated by the Presidency.
Attorneys at law, Legal Advisers a nd other personnel working in the Legal
Department are also entitled, within the pr ovisions of the Law no: 1389 on the Counselling
Fees to be awarded to the Attorneys at Law Representing the State at Courts, to thecounselling fee as determined by the courts and execution offices.IP/N/1/TUR/I/1
Page 10
PART THREE
Appointment Conditions, Budget and Personnel
SECTION ONE
Conditions of Appointment
Conditions of Appointment
Article 23  - The members of the Managing Bo ard shall be appointed among those
who have completed minimum f our years of higher education in law, engineering,
economics, business administration or finance, and have gained sufficient experience inprofession, and have worked a min imum total of 10 years in Ins titutions prescribed by Article
87 of the Law no: 657. These members must also  comply with the conditions provisioned in
paragraph A, except subparagraph 3, of Artic le 48 of the State Personnel Law no: 657.
The members of the Managing Board, the Pr esident and the vice-presidents cannot be
removed from office before the termination of their tenure. Notwithstanding, where they nolonger comply with the conditions of appoi ntment, or where they committed offences for
which judgement has been declared by the Cour ts in respect of the duties conferred on them
by Laws, their duties shall terminate thereof.
For appointments as department heads a nd for managerial positions, the length of
service in the Institute and experience gained locally and abroad with respect to the subjectmatter related with the position of appointment shall also be evaluated and taken into
consideration, in addition to the requireme nts provisioned by the State Personnel Law.
For appointments as heads of department  and for managerial positions at the
Departments of Pa tent, International Re lations, Information and Documentation, the
knowledge of at least one of the foreign lang uages of English, French or German shall be
evaluated with priority.
The Institute personnel, except for those to be appointed by a joint-decree, shall be
appointed by the Managing Board at the request of the President.
To be appointed at the Institute:
a) as a junior expert; in addition to the requirements of the State Personnel Law, it
shall be required:
1. to have graduated from a university of four years,2. to have passed the proficiency examination to be administered,
3. not to have become 30 years of age on the first of January of the year in
which the proficiency examination is taken.
b) as an expert; it shall be required to have worked in the Institute minimum of three
years as a junior expert, to have obtained positive job reference, and to have passed theproficiency examination.IP/N/1/TUR/I/1
Page 11
Those who have failed in two consecutive exams shall be transferred to other
appropriate positions.
Those to be appointed at the expert's position under Technical Services Class are
required to have a good knowledge of at least one of the foreign languages of English, Frenchor German.
The principles and procedures in respect of the junior experts and their training
arrangements shall be determined by an Implementing Regulation to be issued by theMinistry.
SECTION TWO
Inspection, Revenues, Expenditures and Budget
Inspection
Article 24  - For the purposes of inspection, Ins titute shall be under the Jurisdiction of
the High Inspection Board.
Revenues, Expenditures and Budget
Article 25 -  Revenues of the Institute shall be:
a) the fees collected for the services of the Institute,b) other revenues.
The dues for patent and trademark applica tions provisioned by the Schedule no: 8 of
the Law on Duties no: 492 shall be collected by the Institute along with the fees for theservices of the Institute. The duties collected as such shall be transferred to the Ministry ofFinance latest by 21st day of the following month.
The expenditures of the Institute shall be  executed in accordance with the budget
approved by the Managing Board.
SECTION THREE
Personnel
Personnel
Article 26  - With exception to and without being bound by the provisions concerning
the personnel under service contract of the State Personnel Law no: 657 and the related
provisions of the other Laws, it shall be possi ble to appoint under sp ecial service contract
personnel at the positions of the President, Vi ce-president, Department Head, Legal Advisor,
Advisor, Section Chief, Patent  Expert, Trademark Expert, Ex pert, Junior Patent Expert,
Junior Trademark Expert, Tran slator, Inscriptor, Programmer, Computer Operator. ForeignIP/N/1/TUR/I/1
Page 12
experts may also employed under a service contract. The employment of foreign experts shall
be executed under the provisions of an Implem enting Regulation to be prepared by the
Institute and approved by the Ministry.
For tasks which require specific qualifications special case contracts may be
implemented by the decision of the Managing Board.
Local or foreign personnel may be employed for medical and traini ng related activities
upon the approval of the Managing Board.
The principles and the procedures of the contract, salaries and other payments, with
respect to those employed as re ferred above, shall be  determined by the Council of Ministers.
Personnel under the special service contracts shall be covered by the State Pension
Fund if they request as such.
Institute may utilise the services of other local or foreign establishments in carrying
out services with respect to patents and trademarks.
The fees due to these organisations for such services utilised shall be collected by the
Institute along with the fees for its own services and the respective fees due to the relatedestablishments shall be reimbursed by the Institute.
Staffing of the Institute
Article 27  - Creation, utilisation a nd repealing of staff pos itions and other related
matters with respect to staff positions shall be determined in accordance with the provisionsof the Decree-Law for General Staffing Procedures No: 190.
PART FOUR
Other Provisions
Provisions not to be Implemented
Article 28 -  The provisions of the General Ac counting Law No: 1050 shall not apply
with respect to the acts and imp lementations to be undertaken by the Institute established by
this Decree-Law. Furthermore; Institute is  not bound by the State Tendering Law no: 2886
for its procurements, rentals and other actions.
An Implementing Regulation defining the Institute's procurement, rental and other
related procedures shall be drafted by the Institute and shall become effective after obtainingthe Ministry of Finance's positive observation upon the approval of the Ministry.IP/N/1/TUR/I/1
Page 13
Implementing Regulations
Article 29  - The Implementing Regulations provisioned by this Decree-Law and
required as to the arrangements for the organisational structure of the Institute shall beprepared within three months of the first meeting of the Managing Board.
Those Authorised to be Representatives Before the Institute
Article 30 -  Representation on behalf of the a pplication right holders before the
Institute may only be undertaken by natural or le gal persons with the following qualifications.
Real persons shall have the followi ng qualifications to be an agent:
a) to be Turkish citizen,b) to possess legal maturity,c) to be domiciled in Turkey,d) to have not been convicted of criminal offence,e) to have completed minimum f our years of higher education,
f) to have passed the Proficiency Examination for Agents administered by the Institute
as prescribed by the Implementing Regulation,
g) to have obtained Professional Liability Insurance at a value determined by the
Managing Board of the Institute.
Legal persons acting as representatives, must  be represented by a natural person who
has the qualifications of an agent.
Proficiency Examination for Agents shall be administered once a year for patent
agents and trademark agents separately. Achi evement in both examination shall be required
to act both as a patent and trademark agent.
Patent agents and trademark agents shall be entered into the respective registers kept
by the Institute.
Agents shall be liable to represent the related persons, before the Institute, in the
establishment, protection of industrial property rights and in all procedures for the
establishment and execution of the relations with the administration. The related provisions
of the Code of Obligations shall prevail with respect to agents.
Those who have worked at the Institute minimum of three years as the President,
Vice-president, Department Hea d, Section Chief, Expert or as  Junior Expert upon leaving the
Institute shall be entitled to act as agents without entering the proficiency examination.
Provisions Repealed
Article 31  - The expression ''Department of Indus trial Property'' printed at the 9th line
of Annex-1 titled Main Service Units of the Mi nistry Central Organisation, the subparagraph
(i) of Article 8, subparagraph (f) of Artic le 2, and Article 15 of Law no: 3143 on the
Organisation and the functions of the Ministry of Industry and Trade as well as the Decree-
Law no: 518 have hereby been repealed.IP/N/1/TUR/I/1
Page 14
Provisional Article 1- All books, documents, periodicals, publications, files,
computers and all other such movable assets belonging to the Department of Industrial
Property of the Ministry of Industry and Trade ha ve hereby been transferred to the Institute.
Provisional Article 2- The staff and auxiliary personnel working at the Department of
Industrial Property of Ministry of Industry a nd Trade on the date this Decree-Law comes into
effect shall have the right to become the pers onnel of the Institute. Those transferring to the
Turkish Patent Institute from the Department of Industrial Property whose titles and positions
have been altered shall be c onsidered to have been appointed to their new positions.
Those whose titles or positions have been altered or repealed shall be delegated
appropriate respons ibilities until appointed to their new positions, and shall receive salaries
and other remuneration as accorded by their previous positions until such time such paymentshave been resolved by the salaries and a ll other remuneration accorded by their new
positions.
Provisional Article 3- Ministry of Industry and Trade shall continue to process all
actions with regard to industrial property  rights until the Institute is organised.
Provisional Article 4- The President, vice-presidents and members of the Managing
Board shall be appointed latest  within 15 days after this Decree-Law becomes effective.
Members of the Advisory Board shall be appointed within two months after the first meeting
of the Managing Board.
Provisional Article 5- Of those personnel of the Ministry of Industry and Trade
Department of Industria l Property with an higher education degree who have been working at
least two years on industrial prop erty matters on the date of coming into force of this Decree-
Law, shall be eligible for entry, of not more than two tries, to take the junior expertproficiency examination irrespec tive of their age and without having to comply with the
terms specified in the Implementing Regulation. The successful candida tes shall be appointed
at the expert and junior expert positions according to their achievement rankings in theexamination.
Provisional Article 6- The positions created as shown in the Schedule given in
Annex-1 have hereby been appe nded on to the schedules annexed to the Decree-Law no: 190
as a section of Turkish Patent Institute.
The positions transferred from the Department  of Industrial Property to the Turkish
Patent Institute under the Decree-Law no: 518 a nd positions created by the same Decree have
hereby been repealed and deleted from the sche dules of the Ministry of Industry and Trade
annexed to the Decree-Law no: 190.IP/N/1/TUR/I/1
Page 15
Provisional Article 7- Those who do not comply with the provision of subparagraph
(e) of Article 3 shall have the right to enter the Proficiency Examination for Agents for amaximum of three tries provided th at they have acted as an agen t for 20 applications per year,
for every year without interruption during the f our years preceding the date coming into force
of this Decree-Law. These persons shall have the right to enter the examination only on thematter which they have uninterruptedly acted as agents. Those requesting entry to both the
patent and trademark examinations, to be eligible must have acted as agents for minimum of20 applications on each subject matter respectively for every year.
Provisional Article 8- The first Proficiency Examination for Agents shall be
administered within three months after the coming into force of the related ImplementingRegulation. The results of the examination sh all be announced within 15 days. After the
announcement of the results of the examinati on, only those who have passed the examination
shall have the right of representation before the Institute. Agents who have acted onapplications prior to the date  of announcement may continue to  act only in relation to these
applications. For other applications of the same applicant to be filed after this date only theauthorised agents registered at the Institute shall have the right to act as agents.
Provisional Article 9- The expression of ''Ministry of  Industry and Trade'' contained
in the Patent Law dated 23 March 1879 and in the Trademarks Law no: 551 have hereby been
amended as ''Turkish Patent Institute''.
As from the date of creation of the Turkish Patent Institute, Patent and Trademark
applications shall be filed at the Turkish Patent Institute.
Provisional Article 10- The Turkish Patent Institute's expenditures for the 1995
financial year shall be met from the budget of the Ministry of Industry and Trade.
Provisional Article 11- The expression of ''President of the Turkish Patent Institute''
to come after the expression of ''President of the Insurance Audit Board'' in part (d), andexpression of ''patent expert'', ''trademark expert '' to come at the end of part (h) have hereby
been inserted at the Section ''I- General Administrative Services Class'' of the Schedule No.I,and the expression ''Vice-president of the Turkish Patent Institute'' have been inserted tocome after the expression ''Vice-president of the State Personnel Directorate'' at the Section
''I-Judicial Institutions, Attached Institutions and Higher Education Institutions'' of theSchedule No.II of the State Personnel Law no: 657.
Provisional Article 12- Following amendments hereby have been made of the State
Personnel Law no: 657;
a) the insertions of the expressions of '' Assistant Trademark Expert'', ''Assistant Patent
Expert'', to come after the expression ''Consumer and Competition Assistant Expert'', andinsertion of the expressions of ''Trademark Expert'' and ''Patent Expert'' to come after theIP/N/1/TUR/I/1
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expression of ''Consumer and Competition Expert'', at the paragraph (11) of the Section
''Common Provisions'' of Article 36,
b) the insertion of the expressions of ''Tr ademark Experts'' and ''Patent Experts'' to
come after the expression of ''Consumer and Competition Experts'' in the subparagraph (i) of
the paragraph ''A-Special Service Compensatio n'' under the Section ''II-Compensations'' of
the Article titled ''Salary Raises and Compensation''.
Entry into Force
Article 32  - This Decree-Law shall enter into force on the day of publication.
Execution
Article 33  - This Decree-Law shall be ex ecuted by the Council of Ministers.
( Published in the Official Gazette No: 21970 dated 24 June 1994 )
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