License Contracts and Their Monitoring in Turkey

 

Contracts, executed for use of the Trademark, Patent and Design by any firms other than its owner, are called license.

Trademark license is commonly used in Turkey due to its developing economy, geographical position, market share etc.

Trademark licenses are generally issued in the fields of Textile, Food, Restaurant, Real Estate Business;

Design Licenses are issued in the fields of Textile, furniture;

Patent Licenses are generally issued in the fields of Pharmaceutics, Cosmetics, Chemistry, Automobile, Electronic devices in Turkey.

There are some form conditions in the license contracts pursuant to the Turkish law! In addition, the license contracts must be drafted in a clear, net and understandable form without causing any dispute.

In the license contracts to be executed in the fields of pharmaceutics and cosmetics in particular, it is essential to accurately express the legal and sector terms.

Main Factors required to be paid attention in execution of the License Contracts;

- Is the trademark, patent and design to be licensed registered in Turkey?

- What are the exact classes covering the trademark registration?

- Is its registration eligible for license alone?

- Are there any right-restricting transactions on the registration?

- Are there any actions brought against the registration?

- What is the type of license?

- How shall the compliance with the contract and production audits be conducted after the contract?

- What shall be the conditions of the contract?

The license contracts are registered with the TPE trademark registry securing rights of the licensor and licensee.

Our Patent and Law Office also provides service of drafting new license contract and monitoring application of the contract other than registration of the license contracts with the TPE registry.