Protection of Geographical Indications

Protection of geographical sign the quality of product and makes the production in common properties.

What is a geographical sign ?

Geographical signs are freehold ascribed to geographical resources of a region and define the product its quality, reputation and other characteristic properties.

Any product, fruit, stone, mineral belongs to a region can differ from productions of other regions or any carpet rug, cloth, ceramic etc. produced in any region may gain popularity for some reason.Usage of region's name in these products can be understood by consumers that the product has different properties from others.

Consumers prefer products sold with region's name to the others because of the trust given by the region's name. In this sense, geographical signs are in size of shaping, packing, buying and selling of traditional information like product and it is a security that resemble of close relation between traditional production method and geographical resource.Geographical signs are evaluated in two parts: origin and outlet.

What is the outlet ?

The production and procession of the products that has a property that have a property sourcing from factor or nature of the place of which geographical borders are limited and questioned geographical place because of its these qualifications being trademarks of that city and making of the other processes completely in this region defies the name 'outlet'.

The name 'outlet' requires the production, procession and making all other all other processes of the product that is related with name 'outlet' completely in geographically limited region. As example to such products, meerschaum of Eskişehir, tobacco of Çelikhan, cotton of Aegean may be given. Products are not produced only in region where it belongs to.

What is the sign of outlet ?

Signs are outlet show the region (country, city, and town) from where the product is geographically sourced, without being related with a specific quality. The production of the product that is related with name 'outlet' outside the region is possible on condition that at least one specialty of the product will be sourced from that region. As example to such products, Damal Bebegi, carpet of Isparta, blanket of Siirt may be given. Specialty, quality, fame of these products carries the specialties that are sourced from raw material which belongs to certain geographical region or processes that are related with human element. In this production, usage of type production that belongs to region where they are grown and being same of the quality of the product is compulsory.

What is the superior difference of the geographical signs than other industrial ownership rights ?

The superior difference of the geographical signs than other industrial ownership rights is geographical signs' protection of only one producer, protection of all people producing under certain circumstances. Because geographical sign has generality of local, regional and territorial and its rights can not be based on specific person or people. Geographical signs are not special to certain person or people, it has .right of common usage. The real producers of the product priorly take advantage of protection which is provided by geographical signs.

Who can make application of geographical sign ?

Coğrafi işaretin tescili, coğrafi işarete konu olan ürünün üreticisi olan gerçek veya tüzel kişiler, tüketici dernekleri, konu ve coğrafi yöre ile ilgili kamu kuruluşları tarafından yaptırılabilmektedir.

Who can use geographical sign ?

Everybody producing suitably according to conditions determined in registration can use geographical sign. The people having the right of use of geographical sign are authoritative for suing because of disobeys made to right of geographical sign.

What are criminal punishments about geographical signs ?

Geographical signs show difference depending on punishments given in the event of disobey and depending on discrimination of accompany to crime.Activeness in performing is aimed by bringing rules such as prison punishments for people disobeying rules, penalty, closing of the shop and prohibition from trade.The minimum and maximum limits of the punishments are in the below.

According to kind of punishments;

  • Imprisonment from 1 year to 4 years
  • Penalty from 14.000 TL to 46.000 TL
  • On condition that it will not be less than 1 year, punishment of closing the shop or punishment of prohibition from trade as much as that time period are performed.