Protecting Geographical Indications and Traditional Product Names in Turkey

Names such as Antep pistachio, Malatya apricot, Ayvalık olive oil or Finike orange are far more than product labels. They are legal assets that carry the soil, climate and production heritage of a particular region. In Türkiye, this bond between a product and its place of origin is protected as a distinct industrial property right under Industrial Property Law No. 6769 (the "SMK"). Geographical indication protection safeguards both the effort of the local producer and the legal certainty of the domestic and foreign investors who buy or process these regional products.

The Geographical Indication Regime Under the SMK

Geographical indications and traditional product names are governed by Part IV of the SMK (Articles 33-54). Under Article 33, foodstuffs, agricultural, mining, handicraft and industrial products that arise from a combination of natural and human factors may benefit from geographical indication or traditional product name protection — provided they are registered.

The guiding principle here is that protection is conditional on registration. Article 44/1 is explicit: geographical indication protection for a product can only be obtained through registration under the Law. A regional reputation that has never been registered creates no enforceable geographical indication right.

The Critical Distinction Between Denomination of Origin and Indication of Source

Article 34 defines a geographical indication as a sign identifying a product whose distinctive quality, reputation or other characteristics are essentially attributable to its geographical origin, and splits it into two sub-types:

• Denomination of origin (Art. 34/1-a): The product must derive all or its essential characteristics from the natural and human factors specific to a defined geographical area, and all stages — production, processing and other operations — must take place within that area. Antep pistachio is a classic denomination of origin: the product is tied to that geography from start to finish.
• Indication of source (Art. 34/1-b): It is sufficient that the product be identified with the area by reason of a particular quality, reputation or characteristic, and that at least one of the production, processing or other operations occur there. In other words, not every stage needs to happen in the region.

This distinction is decisive in practice: the denomination of origin represents the strictest form, demanding the highest degree of geographical dependence and production discipline. In addition, under Article 34/3, names based not on a specific geographical origin but on a traditional method or composition, and used for at least thirty years, may be protected separately as a traditional product name.

Who May Apply and How Registration Works

A geographical indication is not a right allocated to a single owner like an individual trademark; it is collective in nature. Article 36 grants the right to apply to:

• Producer groups (associations of producers of the same product),
• Public bodies and professional organisations having public-body status connected with the product or geographical area (for example chambers of commerce and industry, or chambers of agriculture),
• Associations, foundations and cooperatives working for the public benefit or authorised to protect the economic interests of their members,
• The sole producer of a product, provided it proves that status.

The application is filed with the Turkish Patent and Trademark Office (TÜRKPATENT). Article 37 requires the applicant to submit the product definition, its physical, chemical and sensory properties, the boundaries of the geographical area, the production method, and technical documents proving the link between the sign and the product. After TÜRKPATENT's examination, the registration is published in the Bulletin. Under Article 49, whether the registered sign is used in accordance with the registered specifications is monitored regularly by a supervisory body designated in the application and approved by the Office, with inspection reports submitted annually.

A Regime That Protects Local Producers and Foreign Investors Alike

The economic value of geographical indication protection runs in two directions. On one hand it creates added value by distinguishing a local producer's goods from imitations; on the other it gives legal certainty to the foreign buyer, importer or investor trading in Turkish regional products. When a foreign food company contracts for olive oil of "Antalya" or "Mediterranean" origin, the registered geographical indication is the official guarantee that the product genuinely carries the characteristics defined in the register.

The Antalya and Mediterranean region holds rich potential in this respect: citrus, olives and olive oil, greenhouse produce and handicrafts are all product groups suited to geographical indication registration. Registering these products both raises brand value in export markets and prevents uses that mislead consumers about "true origin".

Infringement of a Registered Geographical Indication and Legal Remedies

Article 53 lists the acts deemed to infringe a registered geographical indication. These include using the sign to exploit its reputation for a product that does not carry the registered characteristics; misuse, imitation or evocation of the sign; misleading statements about the product's origin on packaging or in promotion; and misleading use of the emblem. A crucial point: under Article 53/1-b, infringement is not eliminated even where expressions such as "style", "type" or "method" are added, or the name is translated into another language.

The registrant and those entitled to use the sign may demand that these acts be prevented (Art. 44/2). Users of the sign may notify the registrant of an infringement through a notary and request that suit be filed; if the registrant does not sue within three months, they may bring the action themselves (Art. 53/2). Where there is a risk of serious harm, a preliminary injunction may be sought without waiting out that period. The absence of a registration mark on the product does not remove the act from the scope of infringement (Art. 53/3).

Frequently Asked Questions

Does a geographical indication registration grant a monopoly to a single company? No. Under Article 44/7, registration does not confer an exclusive (monopoly) right on the registrant. Anyone producing a product with the registered characteristics may use the sign, provided they comply with the supervision requirements. In this respect it differs fundamentally from a trademark.

Why does the difference between denomination of origin and indication of source matter? Because it determines the production discipline. In a denomination of origin every production stage must occur in the defined geography; in an indication of source it is enough that at least one stage take place there. Choosing the wrong type can lead to refusal of the application.

Can a producer cooperative in the Antalya region file a geographical indication application? Yes. Article 36 expressly lists cooperatives authorised to protect their members' economic interests among those entitled to apply. The application must include technical documents proving the product's link to the geographical area.

What can a foreign buyer do if they believe they were misled on a Turkish geographically indicated product? They can pursue the infringement process through the registrant or an authorised user; misleading use as to a product's true origin is deemed infringement under Article 53, with injunctions, damages and preliminary measures available.

How Mona Hukuk Can Help

Geographical indications sit at the strategic intersection of the economic value of local production and intellectual property law. Mona Hukuk advises producer groups, cooperatives and chambers on geographical indication and traditional product name registrations, and supports domestic and foreign investors with origin guarantees in supply contracts and representation in any infringement litigation.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 for a consultation in Antalya.