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European Patent Convention
Priority Rights arising from applications filed according to International Conventions

Natural or legal persons who are nationals of any State party to the Paris Convention, or when not nationals, who are domiciled or have an active business in these States, shall enjoy a right of priority of twelve months as from the date of filing an application for the grant of a patent or a utility model certificate before the authorised bodies of these States, for the purpose of filing an application for obtaining a letter’s patent or utility model certificate in Turkey.

Priority rights not exercised within the time-period of twelve months prescribed in Paragraph one of this present Article are considered to be void.

Where an application claiming priority, within the time-period prescribed in Paragraph one of this present Article, is filed, all applications filed by third parties and patents and utility model certificates granted therefor in respect of the patent or utility model certificate subject to the priority right, shall be declared invalid as from the date of priority right.

Natural or legal persons who are nationals of countries benefiting from the reciprocity principle prescribed in Paragraph two of Article two shall enjoy, within the provisions of this present Article, priority right.

Where a natural or a legal person who is a national of a state party to the Paris Convention has filed a valid application in a state not party to the Paris Convention he shall enjoy within the provisions of this present Article priority right in respect of that application.

The priority right shall have effect as of the date of filing the application for patent or utility model certificate.

Rights Arising from Display in Exhibitions

Natural or legal persons specified in paragraph one of Article 49 who have displayed the products subject to a patent or a utility model certificate at national or international exhibitions held in Turkey or at, official or officially recognized, national or international exhibitions held in the states party to the Paris Convention, are entitled to claim a right of priority when the application for a patent or utility model is filed within a period of twelve months from the date of the display in the exhibition.

Where the product constituting the subject matter of a patent or utility model certificate has been displayed at the exhibition, before the official opening date, right of priority shall run from the date when the product was first displayed at the exhibition. The paragraphs two and three of Article 49 shall apply by analogy.

The authorized organs of the exhibitions held in Turkey, in accordance with paragraph one of this present Article, shall supply evidence to the persons displaying their products subject to a patent or a utility model certificate, by specifying the product subject to a patent or a utility model certificate clearly and comprehensively, including at least four photographs identifying same from the sides, the front, the rear and the bottom and indicating the type of the product and the date when same has been, visibly, displayed at the exhibition and the official opening date of the exhibition.

In order to enjoy the priority right of a product exhibited in foreign countries, it shall be necessary to submit evidence as specified in the third paragraph and to be obtained from the relevant authorities of the country where the exhibition was held.

Products subject to an application for patent or a patent or a utility model certificate cannot be prevented from being displayed at an exhibition held in Turkey and from being returned to their country of origin after the closing of the exhibition.

Where more than one applications have been filed for a patent or a utility model certificate with subject matter identical or similar to a product displayed in an exhibition, the applicant who first displayed such a product, and if displayed at the same time, the one who filed his application, firstly, shall enjoy the right of priority.

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