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<p>In Türkiye, Law No. 6769 on the Protection of Industrial Property (Sınai Mülkiyet Kanunu – SMK) was adopted on 22 December 2016, and published in the Official Gazette on 10 January 2017. The SMK consolidated the regulations concerning patent law, utility model law, trademark law, geographical indications law, and design law into a single legal text. In this context, some new regulations were made in the field of utility model law. SMK, Art. 142/II, stipulates that technical features that do not contribute to the subject matter of the invention shall not be considered in the novelty assessment of the utility model. During the validity of the previous law, the majority of cases in which an invention protected by a utility model was “photographically” new did not make any actual technical contribution to the subject matter of the invention. However, so far, no opinion has been adopted in Turkish law on how SMK, Art. 142/II, should be interpreted. In this study, the inventive level that utility models should have in Turkish law will be discussed in a comparative manner by taking into account the development and current situation in German law, which has a significant impact on Turkish law.</p>

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The Novelty and the Inventive Level that Utility Models Should Have According to Turkish Law – A Comparative Study of Turkish and German Law

  • 期刊论文

  • 出版模式：

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  • 发表日期：

    2025年2月17日

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  • Salih Polater,
  • Roman Konertz

摘要

In Türkiye, Law No. 6769 on the Protection of Industrial Property (Sınai Mülkiyet Kanunu – SMK) was adopted on 22 December 2016, and published in the Official Gazette on 10 January 2017. The SMK consolidated the regulations concerning patent law, utility model law, trademark law, geographical indications law, and design law into a single legal text. In this context, some new regulations were made in the field of utility model law. SMK, Art. 142/II, stipulates that technical features that do not contribute to the subject matter of the invention shall not be considered in the novelty assessment of the utility model. During the validity of the previous law, the majority of cases in which an invention protected by a utility model was “photographically” new did not make any actual technical contribution to the subject matter of the invention. However, so far, no opinion has been adopted in Turkish law on how SMK, Art. 142/II, should be interpreted. In this study, the inventive level that utility models should have in Turkish law will be discussed in a comparative manner by taking into account the development and current situation in German law, which has a significant impact on Turkish law.