WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TUR/P/2
17 July 2000
(00-2905)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
TURKEY
The present document reproduces the text1 of the Draft Law related to Breeder Protection
Rights for New Plant Varieties, as notified by Turkey under Article 63.2 of the Agreement (see
document IP/N/1/TUR/2).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TURQUIE
Le présent document contient le texte1 du Projet de loi relatif au régime de protection des
obtenteurs de nouvelles variétés végétales, notifié par la Turquie au titre de l'article 63:2 de l'Accord
(voir le document IP/N/1/TUR/2).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
TURQUÍA
En el presente documento se reproduce el texto
1 del proyecto de Ley para la protección de los
derechos del obtentor de una nueva obtención vegetal, que Turquía notificó de conformidad con lo
dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/TUR/2).
                                                     
1 In English only.  The texts in the original language are available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter les
textes dans leur langue d'origine, au Secrétariat de l' OMC./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC los textos en su idioma original.IP/N/1/TUR/P/2
Page 2
DRAFT LEGISLATION
RELATING TO BREEDER PROTECTION
RIGHTS FOR NEW PLANT
VARIETIES
DRAFT LEGISLATION RELATING TO
BREEDER PROTECTION RIGHT S FOR NEW PLANT VARIETIESIP/N/1/TUR/P/2
Page 3
FIRST PART
Introduction Terms
FIRST SECTION
Purpose, Scope, Definitions
Purpose and Scope
Article 1- The Purpose of this law, is to incite the development of plant varieties, and to provide the
protection of the new varieties and the rights of the breeders and to make the necessary structural
arrangement.
This law covers all plants.
Definitions
Article 2- In this law:
Ministry: Ministry of Agriculture and Rural Affairs,
Court : Courts specialized in Ideal and Industrial Rights,Breeder : A person who breeds or who fi nds or develops a new plant variety,
Owner of the Right : Breeder or his lawful successors,Law : Law Related to the Rights of Breeders for New Plant Varieties
Plant : All plants
Variety : The plant group which is identified by the showing up of some properties exposed by one or
more than one genotypes, without looking at whether if the necessary conditions for granting therights of breeders are met or not; and differentiated by at least one typical property from other
genotypes in the same variety; and the plant group that takes place in the smallest taxonomical part
and which is accepted as a unit from the point of view of reproduction without being changed.
Seed : The vegatative and generating plant parts used for the reproduction of plants
Reproduction and Reproducing : The obtaining of the next generation plants which carry the same
properties with the principal or parent plants,
Production and Producing : The growing of plants for obtaining of crops or reproducing material,
Reproducing Material : A complete plant or its parts used for the reproducing of plants,IP/N/1/TUR/P/2
Page 4
Contract : The 1991 version text of International Contract for the Prevention of New Plant Varieties,
Register : The recording of the Varieties covered in this law to the rights of breeders record,
Institution : The Institution of Variety Register, Protection and seed Certification of Turkey,
Bulletin : Plant Variety Bulletin, in which application, register and other announcements are made in
the rights of breeders subject,
Record : The registers in which the points related to  the application of breeder rights and the register
of the right,
Board of Directors: The Board of Directors of the Institution of Variety Register, Protection and Seed
Certification of  Turkey,
Presidency : The Presidency of the Institution of Variety Register, Protection and Seed Certification
of Turkey,
Catalogue : List in which the varieties that the commerce of them are being carried out within the
framework of the related regulations.
SECOND SECTION
Conditions of  Protection and the persons who will make use of protection
General Conditions
Article 3- The new, distinct, uniform and stable plant varieties, make use of the protection under this
law, provided that the other conditions needed by law are complied with and the fee mentioned inArticle 34 of this law has been paid.
The persons who will make use of protection
Article 4 – The citizens of Turkish Republic or those who have residence or business in the Turkish
Republic or those real and juristical persons or those people who have the right to apply under the
terms of  the contract make use of the protection under this law.
Although they remain outside the coverage of the first article of this law, the citizens of Turkish
Republic and those real and juristical persons who ar e the citizens of states that provide lawful or
actual protection do also make use of the protection due to principle of reciprocity.
Novelty and cases that do not affect the novelty
Article 5- The reproduction or harvested material of a variety is considered new, for the right of
Breeder, when this material is not sold by the owner of the right or his consent or not offered to public
for one year domestically, and four years abroad, and for six years for trees and grapevines:backwards from date of application, then this variety is considered new.IP/N/1/TUR/P/2
Page 5
Below mentioned situations do not affect the variety to be considered new:
a) Sales and declarations that will be considered as the misuse of the right, against the owner
of the right,
b) Sales and declarations that remain within the scope of the transfer of the right of breeder
contract,
c) The activities that remain within the reproduction contract of the material in the name of
the owner of the right. provided that the ri ght of ownership for the reproduction material
to be at the owner of the right and this materi al not to be used in the production of another
kind,
d) The activities related to field trials or laboratory trials or with small scale crops processing
trials for the determination of the properties of the variety within the framework of acontract,
e) Activities that arise from the responsibilities like the legal procedures that will be made
for the purpose of biological security or not recording of the varieties that will be traded
to the official catalogue,
f) The sales or offering of the left material that appear during the obtaining of the variety or
the harvested material having the quality of by-product or the material that appear as aresult of the activities of this material in th e framework of subparagraphs (c), (d) and (e),
Diversity
Article 6- A variety that can clearly be distinguis hed from the varieties known to everybody at the
date of the application or at the date of priority right, is considered to be distinct.
In any one country, it is accepted that the variety is known to everyone from the date of application,provided that a right has been granted to a variety as a breeder. or a right has been granted as a result
of the application for the purpose of the variety to enter the catalogue of varieties that are being
traded.
To be known by everyone, may also be determined by looking at these: by the start of the use of
variety, its taking place in the varieties catalogue of a        well-known professional organization in the
sector. or like its being included in the reference collection.
Uniformity
Article 7- If a variety shows a sample property from the point of the related properties, apart from
possible changes in relation to the reproduction method used, then this variety is considered to beuniform.IP/N/1/TUR/P/2
Page 6
Stability
Article 8- A variety that its related properties remain the same, during the reproductions that follow
each other or at the end of specific reproduction periods, is considered stable..
Denominating and the use of denomination
Article 9- The denomination of a protected variety becomes its general denomination.
It consists of one or more than one or more than one words, word and figures, or letter and figures,that are meaningful or not; provided that the de nomination provides the recognition of the variety.
If a denomination is used for the variety in Turkey or  in a country who is a contracting party, or if it is
registered in a country who is a contracting party, the applications are made under this denomination,
provided that the terms of Article 19 are kept valid. The denominations of the variety as used in other
countries are recorded to the Application Register and to the Breeders' Rights Register.
The identical of the denomination of a variety as used in Turkey or in a country, which is a
contracting party, or a similar denomination which will cause confusion; cannot be used for the same
variety or for a close variety. This term is also applied for the registered denominations in the country
who is a party.
Everybody who sells the reproduction material of a variety which is being protected, or markets in
any other way, is obliged to use this denomination of the variety. This obligation is also applied to thevarieties cited in Article 14, Subsection Five, (b) subparagraph.
The obligation to use the denomination continues even if the Right of Breeder terminates.
The previous rights of third parties are reserved. If the use of a denomination belonging to a variety, is
forbidden to the person who has undertaken to use the denomination, due to previous rights of third
parties, then the Institution asks a new denomination from the breeder.
Elements which will hinder the obtaining of a mark for the variety related to the products related to
the variety, from the angle of view of Regulations of Mark, inside the denomination, proposed for the
variety cannot be existent.
The use of the denomination of a variety offered for sale or sent to the market in other ways, together
with mark, trade denomination or similar other denominations, is only possible when the
denomination of the variety is written in easily recognizable way.
THIRD SECTION
Protection Period and its Start
Article 10- The protection period is 20 years after the register under this law. This period is 25 years
for trees and grapevines.
Protection period is calculated as end of calendar year.IP/N/1/TUR/P/2
Page 7
PART TWO
OWHERSHIP OF RIGHT, THE SC OPE OF RIGHT, LIMITATION
SECTION ONE
Owner of Right and his Authority
Ownership of Right
Article 11- The Right of Breeder of a variety, belongs to the breeder, or his legal successors.
In case if there is no agreement on the contrary, the breeders have the right, within the framework of
common property terms.
Each owner of the right, may perfo rm the following procedures, in the name of himself, independent
of the others.
a) Performs freely over the share that falls onto himself. In case the right is being
transferred to a third person, the other share owners have the right to buy on priority.
The transfer of the share is made in writing and is recorded to the register. The institution informs the
situation to the other shareholders within two mont hs for the use of the right to buy on priority. The
right to buy on priority is used within one month following the receipt of the informing.
b) May use the variety which is the subject of the right after written informing.
c)  May take necessary measures for the protection of the variety.
The granting of license to third persons; for the use of the variety, is only possible by the consent of
all of the owners of the right. However, if this is not possible, or this cannot be achieved, and in case
one of the owners of the right applies to the court; then the court may also give this authority to only
one of the owners of the right by considering the existing conditions.
d) Legal lawsuit or punishment lawsuit may be opened against third persons in case the
right arising from the application made to the Institution or from the registering is
violated by any way. The situation is informed by the one who opens the lawsuit to
the other owners of the right to enable their participation in the lawsuit within one
month from the date of opening of the lawsuit.
Ownership of Right in Service Relationship
Article 12- The owner of the varieties that the employees improve or find and develop while they are
performing their work, is the employer of these, if it is not understood oppositely, from a special
agreement in between, or from the character of the work.
The owner of the variety, whose employees breed, find and develop by making use of the knowledge
and equipment in the workplace, even if their contract necessitate; then the owner of the right is the
employer.IP/N/1/TUR/P/2
Page 8
For the varieties that the employees breed, or find or develop under the first and second subparagraphs
of this article, with the contribution of the breeder and the institution, they are entitled for an amount
to be determined by taking into account the economical value of the variety. In case the parties cannot
resolve this amount among themselves, then, the court determines the subject amount. The parties
may put the amount to the service contract by determining it beforehand.The making use of who and in how much and how wi ll be determined by taking the view of the
related institutions through a Regulation to be issued by the Ministry for the officials working in
Public / Government Institutions and Organizations.
Ownership of Right in Contracts that  remain outside the Service Contract
Article 13- The owner of the variety, that is bred, or found and developed within the framework of the
business contracts that remain outside the service contract, in case there is no agreement on the
contrary; is the employer.
Authorizing of the owner of the right
Article 14- The Right of Breeder gives the following monopoly authorizations to the owner of the
right
.
a) To produce or reproduce,
b) To prepare for the purpose of reproduction,
c) To offer for sale,
d) To sell or to offer to the market in other ways,
e) To export or to import,
f) To store towards any one of the activities in subparagraphs a-e.
The permission of the owner of the right, is necessary for all of the activities cited in the first
subsection of this article, subparagraphs a-f, related to the harvested use of the reproduction materials,
as a result of unauthorised use of the reproduction material consisting of both complete plants as a
whole, or the parts of plant belonging to a variet y under protection. However, if the owner of the right
has not used his this right on the subject reproduction material even though he had a reasonable
opportunity in the past, then permission is not necessary.
The second subsection of this article is also applied to the produced materials obtained directly from
the harvested material which are provided by the unauthorised use of the reproduction material
belonging to a variety under protection. The owner of the right may tie his authorization, to the terms
of first, second and third subsections of this article or bring limitation.
The first, second, third and fourth subsections of this article is also applied to the following varieties.
a) To the varieties derived essentially and developed from this variety, provided that it is not
essentially derived from the variety itself under protection,
b) To the varieties that cannot stablely be distinchiated from a variety under protection
according to 6th article of this law,
c) To the varieties that need the use of a variety under protection for the reproduction of it
every time.IP/N/1/TUR/P/2
Page 9
The following cases cover the varieties that are essentially derived from another variety as mentioned
in the fifth subsection subparagraph (a) of this article.
a) The variety to be derived from the starting variety from the point of view of predominant
properties, or to be derived from another variety that is again derived from a startingvariety from the point of view of predominant properties. In both cases, the essentially
derived variety, should exhibit by the genotype or genotypes that from the starting
variety.
b) The derived variety must be clearly distinguishable from the starting var ıety, and should
exhibit the principle properties formed by the genotype or genotypes from the starting
variety, other than the differences created by the derivation method.
Essentially, the derivation, may be through methods like the natural or artificial mutant, somaklonal
variant selection, selection of distinct individuals from inside the starting variety, backwards cross-
breeding, or obtaining from plants that have been subjected to transformation through genetic
engineering.
Authorities that remain inside the period between Application and Registering dates.
Article 15- The person, who carries out the activities that need the permission of the owner of the
right, within the period between the application date which made for the right of breeder and the date
on which the right is given as mentioned in article 14: is obliged to pay a justifiable amount to the
owner of the right.
SECOND SECTION
The cases where the Authorization is Limited
General Limitation Cases
Article 16- The following cases are outside the authorizations of the owner of the right.
a) The activities that are limited by personal purposes and that do not carry commercial
purposes,
b) The activities that are carried out for the purpose of trials,
c) The activities that are carried out for the cited of obtaining other varieties cited in the fifth
subsection of Article 14 of this law.
Exception of Farmer
Article 17- The farmers have the right to use the reproduction material of  a variety that is being
protected, for the new productions in their own land again from the crops obtained from their ownland, provided that they do not give harm to the legal interests of the breeder, provided that it is not
against the terms of Article 14, subsection one and subparagraphs a-h for the purpose of the protection
and the looking after of agricultural protection and excepting the hybrid and synthetic varieties.IP/N/1/TUR/P/2
Page 10
The first subsection of this article is applied to the following varieties.
a) Grains
1- Wheat “Triticum spp.”
2- Barley “Hordeum vulgare L.”
3- Paddy “Oryza  sativa L.”
4- Oast “Avena sativa L.”
5- Rhye “Scale cereale L.”
6- Tritikale “Triticosecale “
b) Leguminous Plants  for  Eating
1-Dried Beans “Phaseolus vulgaris L.”
2-Chickpea “ Cicer arietinum L.”
3-Lentils “ Lens culinaris Medik.”4-Peas “Pisum sativum L.”
5-Broad Beans “Vicia faba L.”
c) Fodder Plants
1-Clover “Medicago sativa L.”
2-Sainfoin “Onobrychis sativa L.”3-Vetch “Vicia sativa L.”
4-Trefoil “Trifolium spp.”
d) Industrial Plants
1-Cotton “Gossypium spp.”
2-Tobacco “ Nicotiana tabacum L.”3-Potatoes “Solanum tuberosum L.”
4-Colza “ Brassica napus L.”
5-Peanuts “Arachis hypogaea L.”
6-Soybean “Glycine Max L.”IP/N/1/TUR/P/2
Page 11
The conditions of exception indicated in the first s ubsection of this article shall be applied by taking
into consideration the following criteria in a way to protect the legal rights of the breeders and the
farmers.
a) There is no limitation to the land that the farmer needs as for the quantity to work.
The land that is worked by the farmer , is the land owned in the name of the farmer himself ,on which the farmer grows plant under his own responsibility , on his own property or rented
by him or by share cropper method.
b) Those farmers who can produce crops 92 tons of wheat or equivalent quantity of
crops at the maximum, from the types indicated in the second subsection of this article make
use of farmer exception. These farmers do not pay any amount to the owner of the right.
c) Those farmers who stay outside of exception, pay a certain amount to the owner of
the right. This amount is determined by an ag reement to be made between the owner of the
right and the farmer.
d) Those farmers who make use of the exce ption and those who process the product, are
obliged to give all information and documents on the request of the owner of the right. The
owner of the right may demand help from the Institution when necessary. The Institution may
give the related information and documentation to the owner of the right against payment. Incase the Institution refuses to give the inform ation and the documents, then the institution
informs the decision of refusal together with the reasons.
The applications related to the farmer exception are determined by a regulation to be issued by the
Ministry.
Compulsory License
Article 18. Everybody who wants, may apply to  the Institution and may demand the grant of
compulsory license related to a certain breeder right. The institution may apply for the opinion of the
organizations that are active in the related field before giving the compulsory license. The Institution
gives compulsory license only when it deems necessary for the protection of public interest.
In case of the start of use of the variety due to health and national defence reasons, the increased use
of its use or its being spread have great importance, then the existence of public interest is accepted.
It is also accepted that there is the interest of public when the protected variety is not used, or used
insufficiently from the point of view of quality a nd quantity, would create serious hazard from the
angle of economical and technical development, then it is also accepted that there is the existence of
public interest.
Compulsory license is given in the conditions when the following conditions are complied with:
a) If three years have passed from the granting of breeder right until the compulsory
license application date,
b) If the person who applies for the grant of compulsory license to the Institution, is
capable from financing and other aspects and if he would be able to use the
breeder right in a competent and effective way,
c) If the owner of the right had refused the conditions to the person who applied for
the compulsory license,IP/N/1/TUR/P/2
Page 12
d) If the person who applies for the compulsory license has paid for the amount
proposed in the regulations for this right.
With the compulsory license, a right which is not a monopoly right, is being granted to the license
owner to meet the market needs of the country by carrying out all the activities as stated in article 14.
The Institution determines the amount that the owner of the compulsory license will justly pay to the
owner of the right, in case the compulsory license is given. The person who receives the compulsory
license is obliged to show a guarantee bond ag ainst this amount to the owner of the right.
The owner of the right is obliged to provide the reproduction material during the period of license to
the person who receives the compulsory license.
The period of the compulsory license is being determined by the Institution. Except for the
exceptional cases, this period cannot be less than two years and cannot be more than four years. When
the license period is completed, the Institution makes the necessary investigation and if it determinesthat the conditions needed for the grant of the licen se still continues, it can extend the period of the
license.
The grant of compulsory license with the reason that there exists the public interest for the essentially
derived varieties, is made in accordance with the terms stated in this article.
The activities related to the compulsory license ar e informed by the Institution to the owner of the
right of the starting variety. An amount is also be ing paid to the owner of the right of the starting
variety in the decision of the compulsory license to be given related to the essentially derived variety.
The Institution gets back the compulsory license in  case the receiver of the license violates the
conditions that necessitate the granting of the compulsory license.
Those methods and basics pertaining to the granting of compulsory license are determined in the
regulations.
Exhaustion of Breeder Right
Article 19- Breeder right cannot be demanded against the later executions, subject to such quality
crops, since the right will be considered to be exhausted, if a material that belong to a variety which is
being protected, or which is considered to be within the terms of fifth subsection of article 14 or amaterial obtained from this material, is domestically so ld by the breeder, or if it is sold by the consent
of the breeder, or has been marketed in another way.
However, if the later execution is consisting of activities that allow the reproduction of the subject
variety, or if it covers activities the export of material that will enable the reproduction of the variety
to a country where the type and kind that the variety belongs to is not been taken into the scope of
protection, then the right of breeder can be demanded in both cases. But, in the latter case defined in
this subsection, in case the exported material is be ing used for final consumption purpose, then the
right of breeder is again considered to be consumed.
The concept of material, belonging to the mentioned variety, that is mentioned in the first subsection
of this article; covers all kinds of reproduction material, whole plant or material that has been
harvested which covers the parts of plant and all kinds of products that has been directly obtained
from the harvested material.IP/N/1/TUR/P/2
Page 13
THIRD PART
Application, Register, Anno uncement, Objection and Fees
FIRST SECTION
Application Conditions and Ob jection to the Application
Authority to be Applied
Article 20- The owner of the variety, applies in writing, to the Institution to enjoy the protection right
given by this law.
Conditions of Application
Article 21- The petition of the person who demands breeder right registering, must include at least the
following information and documents:
a) Name and address of the owner of the application or his proxy, if any;
b) If the person who makes the application is not personally the breeder himself, the name
and address of the breeder, together with information and document showing how the
right has been obtained from the breeder;
c) The Latin and Turkish denomination of the variety in the botanical classification;
d) Proposed denomination for the variety, or a temporary denomination as used by the
breeder,
e) In case a priority right is being demanded due to a previous application, the date and
authority that the first application has been made;
f) The technical properties of the variety;
g) In case a commercial procedure has been made previously, related to the variety,
information and documents related to these;
h) Document showing the fee for application has been paid;
The form of the application, its contents and documents to be enclosed are arranged by the regulation.
Priority Right
Article 22- If the owner of the application or his successor has applied for the protection of the variety
in a country which is a contractor party, and tw elve months has not passed following the date of
application, then he enjoys the priority right to make an application in Turkey for being granted by
Breeder Right. In such a case, the application date which has been made in the country which is aparty of the Contract, is accepted as the date of application in Turkey.IP/N/1/TUR/P/2
Page 14
The breeder informs the Institution, in writing, that he wants to make use of his priority right of the
first application, in his later application that he wants to enjoy priority right. The priority right which
is not used within the period, will be void.
The Institution may demand within there months following the Application, the approved copies of
the first Application that he submitted to the authority, together with samples or evidences showingthat the subject of both Applications are the same.
The Institution of the necessary information, doc ument and material needed for enabling the
accomplishment of technical evaluation, up to two years after completion of the priority right. In case
the first Application is refused, or withdrawn, than  the Institution may grant to the owner of the
Application a period up to twelve months following the refusal or withdrawal date, for the providing
of information, document and material, by giving up the extended period.
Evaluation of the Application
Article 23- The Institution evaluates the Application made from two angles:
a) In the formal evaluation of the Application:
1- If the Application has been made in accordance with the terms of article 20 or
not;
2- If it is in accordance with the conditions of article 21 and the terms of the
regulations related to the Application of the article;
3- If there is the demand for priority right, if it is in accordance with the terms of
article 34 has been paid within the period specified;
is being investigated.
In case the Application is made insufficiently or wrongly, then the Institution requests the owner of
the Application to correct this situation within thirty days starting from the date on which the
demanded is received by the Institution. In case this situation is not corrected wirhin the specified
time, then this Application is counted as if it is not made.
b) In the essential investigation of the Application; it investigates:
1- If the variety can be considered new or not in accordance with article 5;
2- Whether if the owner of the Application is eligible or not to make such an
Application,
3- If the denomination proposed for the variety is in accordance with the terms of
articles 9 and 30.
In case the Institution determines that there exists an obstruction for granting breeder Right upon
investigating, then the Institution rejects the Appl ication. The Institution informs the situation; in
writing, to the owner of the Application together wi th the reasons within thirty days following the date
on which the decision is taken.IP/N/1/TUR/P/2
Page 15
Each Application which is made without lacking articles and correctly, is recorded on the Application
register and a file number is given. The receipt date of the document indicated in article 21 is accepted
as the date of Application.
The Announcement of Application in Bulletin
Article 24- The Institution publishes the information requested in subparagraph a-e of first subsection
of article 21, within thirty days after the recording of the Application to the register.
Objection to the Application
Article 25- The objections to the Application ar e made to the Institution within there months
following the date on which the Application is announced in the Bulletin.
The objections are made with a petition to which evidences and documents are enclosed regarding the
reasons like : the variety is not new, not distinct, not uniform and not yet stable, or the owner of the
Application is not owner of the right, or the denomination proposed for the variety is not inaccordance with article 9 and subparagraph (a) of article 30.
The Evaluation of Objection informs the objection to the owner of the Application regarding the
Breeder Right Application and asks him to express his views within there months related to the
objection, and further asks if he would continue to be the owner of the Application or his Application
or not. The period given may be extended upon rightly demand of the owner of the Applicationrelated to the objections made.
If no answer could be received from the owner of the Application at the end of given period, then the
Application is considered to be withdrawn. If the owner of the Application informs that he will
continue in the same way as he made his Application, or he will be make change, then this situation
will be informed to the person who objects and he will be asked to inform his views, within thirtydays. Then, he should inform within this period whether he will continue his objection or not.
In case the person who is objection do not give up his objection, then:
a) If the objection is based on grounds that the variety is not new, the owner of the
Application is not the owner of the right, or  the denomination proposed for the variety, is
on contrary to the terms of article 9 and subparagraph (a) of article 30, then the Institutionimmediately starts the investigation.
b) If the objection is based on the grounds that the variety is not distinct, not uniform, and
not stable, in this case, the investigation is carried out within the course of the technical
evaluation.
In order to be able to make an investigation in accordance with the reason of the objection, the
Institution determines the technical investigation method by itself.
Submission of more information, documents or plantation material that investigation to be made on it
may be asked from the person who objects, in order to supplement his objection. In this case, the
terms of fourth and fifth subsections of article 27 are applied.
A lawsuit may be opened, upon the objection made within the framework of the third subsection,
subparagraph (a) of this article, within thirty days, following the receipt of the decision given by the
Institution.IP/N/1/TUR/P/2
Page 16
In case the real owner of the right, who makes an  Application for the same variety, demands the
Application date which is rejected to be his ow n application date, within one month, following the
receipt of the decision related to the acceptance of the objection based on the real ownership of the
right; then this demand is accepted by the Institution.
SECOND SECTION
Technical Evaluation, Registering Announcement, Objection to the
Register
The Evaluation of the Variety from the Technical Point of View
Article 27- After the variety is found suitable for being taken into technical evaluation, then the
variety is subjected to technical evaluation for the determination of the below indicated points:
a) The confirmation of the variety that it belongs to the specified bothanical class;
b) The determination of the variety that it is distinct, uniform and stable;
c) The preparation of property certificate of the variety, in case the variety complies with
subparagraphs (a) and (b).
The evaluation is being realized under the supervision of the Institution.
The technical evaluation may be based on the growing tests or other necessary tests, in case these
have been carried out by the authorized organization of one of the countries who is a party in the
Contract, or is being carried out by the same, and in case the results of these tests are submitted to the
Institution, and the variety is found suitable to the climatic conditions of the country.
In case the evaluation is not based on these test results, then:
a) The Institution makes the evaluation by itself or it can have it made by an organization of
its own or it can have it made by another research organization. In case the tests are
conducted by other organizations, then the fee which is to be determined in accordance
with the terms of article 34, will be paid,
b) The evaluation is based on the growing tests and owner of the application himself or have
it made upon the demand of the Institution.
The institution determines the application conditions necessary for the evaluation. New parts may be
added or changed depending on the changes of the agricultural and botanical information of the
property certificate belonging to the variety mentioned in the first subsection (c) subparagraph of this
article.
However, subject of protection is not affected from this situation.The institution demands all kinds of information, documents and material from the owner of the
application. If the owner of the application, does not submit the information, documents and material
requested within the tome period specified by the institution, then the application is refused.IP/N/1/TUR/P/2
Page 17
Evaluation Report
Article 28- In case the organization, that makes the technical evaluation in the name of the institution,
reaches to the conclusion that the determination of th e properties belonging to the variety is sufficient,
it sends an evaluation report to the institution coveri ng the determination of the points included in the
articles 6, 7 and 8 together with properties certificate.
In case the institution does not find the evaluation report sufficient, for giving a definite decision, it
informs the owner or the makes them done. The completing evaluations are considered as a
continuation of evaluations mentioned in the first subsection a-c subparagraphs of article 27.
Those organizations who are made to conduct technical evaluation, may only use the result of the
evaluations by the permission of the institution.
Finalization of the Temporary denomination
Article 29- In case a temporary denomination is informed in the petition of the application, then the
institution asks immediately first to the owner of the application before the stage of registering, to
inform a suitable definite denomination within thir ty days in accordance with the terms of articles 9
and 30.
In case the institution finds the denomination suitable, informs this denomination to the countries
which are the parties of the contract and publishes it in the Bulletin.
Objection to the denomination may be made within three months following the publishing date in the
Bulletin within the framework of article 9 and subparagraph (a) of article 30. The related
organizations of the countries which are the parties of the contract may inform their views related to
the denomination. The objections and the views are informed to the owner of the application and a
period of thirty days is given to him to answer.
In case a new denomination is proposed by the owner of the application, then the procedures indicated
in the second and third subsections of this article are repeated. The application is rejected, in case no
answer is given in both situations. The decision, together with the reasons of it is informed by the
institution to the parties, related to the acceptanc e of the objection or its refusal. A lawsuit may be
opened within thirty days starting from the notification date of the decision.
Reasons of Refusal of the Application
Article 30- The institution rejects the applicati on by its own initiative in the following cases:
a) In case the proposed denomination does not bear the following conditions;
1- If the denomination does not comply with the terms of article 9, except for the
seventh subjection of article 9 in which the situation of contradiction connected to
it,
2- If it is not carrying the property of a specifically distinct denomination or if it is
not sufficient from the point of view of linguistics for the identification of the
variety,
3- If it is on contrary to public order and general ethics,IP/N/1/TUR/P/2
Page 18
4- If the denomination is barely consisting of indications showing the type, quality,
quantity, purpose, geographical origin or date of production; which are only
considered in the plant varieties or seed industry sector,
5- If it is misleading or causing confusion from the point of view of the properties of
the variety, its value and the geographical origin or from the point of view of theconnection between the variety and the breeder or between the variety and the
owner of the activity,
6- Apart from the situations that the variety has been lifted from production or its
being widely known, if its denomination is identical with the denomination of a
variety registered in a country which is a contractor party, or to a close relative
type, or if it is very similar that it will cause confusion,
b) In case the terms of article 23 are not complied with;
c) In case the terms of the fourth subsection of article 27 are not complied with;
d) In case the necessities of articles 6, 7 and 8th articles are not complied with, accordance
with the article 28 ;
e) In case of violation of the first subsection of article 29.
Registering
Article 31- The Institution gives the breeder right, in case it determines that the variety is suitable to
the 4th article at the end of evaluation and that the owner of the application has completed the
necessary processes set forth in the law. This point  is recorded to the Breeder Right Register and
approved Breeder Right Certificate is given to the owner of the right.
Announcement of the Register
Article 32- It is announced in the Bulletin that Br eeder Right is given within thirty days after the
register date.
Objection to the Register
Article 33- Third persons may object against the registering process, to the Institution on grounds that
there are lacking points in the procedures as indicated in articles 20, 21, 22, 24, 27, 28, 29 and 32.
The Institution decides on the invalidity of the process related to the register and to return to the stage
in which the lacking articles are made and that the processes to be performed again, in case the
Institution determines that a process is not complied with, related to the giving of breeder right or if
there is an important lacking point, during the investigation is made by the Institution.
THIRD SECTION
Fees
Article 34- The Institution makes due, the payment of two distinct types of fees; one being the process
fee and the annual fee, details of which are shown in the regulations.IP/N/1/TUR/P/2
Page 19
a) The process fee is taken against the processes conducted by the Institution within the
framework of this law and covers at least the following subjects:
1- Application fee,
2- Technical evaluation fee,
3- Denomination evaluation fee,
4- Objection fee,
5- Registering fee,
6- Fee related to the compulsory license,
7- The fee collected from copies,
8- Publication fees.
In case the fees that need to be paid related to the processes covered within this law, are not paid
within thirty days foll owing the notification date to the related person, then the application is
considered as not made at all, and considered as no objection has been made, and the decision related
to this fact is informed to the related person.
b) Annual fee is paid in the month of January of each year, the same year that it corresponds
to the breeder right protection period, as down payment.
In case the annual fee is not paid on time / within it s period, then this fee may also be paid within six
month after it becomes due as delayed payment, by the addition of an additional period, as indicated
in the regulations.
PART FOUR
The Undertaking of the owner of th e right following the Registering, The Inspection performed by the
Institution and Cancelling by Initiative the Undertaking of the Owner the Right Following the
Registering.
Article 35- The owner of the right is responsible of the continuation of the protected variety or the
genetic structure of the genetic parts of it depending on the case during the period when the right isunder force.
Upon the demand of the Institution, the owner of the right provides information, documents and
material for the investigation of the fact that the genetic structure of the protected variety is continued
or not, to the Institution or to an organization determined by the Institution.
The Institution investigates whether if the variety or the genetic structure of its genetic parts,
depending on the case, is being continued or not during the protection period. In case the Institution
falls into suspicion that the genetic structure of the variety being continued, and this suspicion cannot
be eliminated by the information, documents and material as indicated in the second subsection of this
article, then the Institution requests the investigation to be made in order to determine the fact that if
the genetic structure of the variety is continued or not. This investigation includes the verification bycomparing the material provided by the owner of th e right and the information in the variety property
of the samples and the growing tests of the samples and by making other tests.IP/N/1/TUR/P/2
Page 20
In case the investigations conducted show that th e owner of the right is unsuccessful in the
continuation of the genetic structure of the variety, then the view of the owner of the right is taken
before the Breeder Right is cancelled in accordance with subparagraph (a) of article 36.
The owner of the right gives the sufficient amount of the variety under protection or its genetic parts
to be the sample of the variety or to renew the existing sample or for the purpose to enable theconducting of a verification study based on the comparison of it with other varieties for the protection
of the variety, to the Institution or the authorized organization to be determined by the Institution.
The owner of the right keeps the sample belonging to the variety, in the denomination of the
Institution, upon the demand of the Institution.
The Inspection Made by the Institution and Cancellation by Initiative
Article 36- In case it is determined that the undertakings of the owner of the right that he is obliged to
accomplish in accordance with the first subsection of article 35, are not realized, or if it is determinedthat the variety has lost its uniformity and being stable within the time period specified by the
Institution, then the Breeder Right is cancelled by the initiative of the Institution. Also, in the
following cases, the Breeder Right is cancelled by the initiative of the Institution:
a) In the cases when the requested information, documents and material are not supplied by
the owner of the right in accordance with the second subsection of article 35 within thetime period specified by the owner of the right,
b) In case the denomination of the variety is cancelled by the court, and when a new
denomination belonging to the variety is not informed within the time period specified by
the Institution.
The cancellation of the Breeder Right is recorded to the Register and becomes effective from the date
of being recorded. The cancellation decision is publish ed in the bulletin within thirty days after it is
recorded to the register.
PART FIVE
The Transfer of the Right Arising from Application and Registering, its Conveyance, Theestablishment of Mortgage, Seizure and license contract
FIRST SECTION
Transfer and Conveyance,  Mortgage and Seizure
Transfer and Conveyance, Mortgage and Seizure
Article 37-  The right arising from the application or register, within the framework of this law,
related to a variety, may be transferred to another person or it may be passed with inheritance. It is
possible to make executions on these rights connected to death.
The right arising from the application or from the registering, may be subject to legal or contractual
mortgage right, and may be subject to seizure. In such a case, the related right are recorded to the
register, upon the demand of the one of the parties, and these right are published in the Bulletin. Therelated terms of the Turkish Civil law and Seizure and Bankruptcy law are applied.
- IP/N/1/TUR/P/2
Page 21
The processes between the alive persons related to the application or to the registering, are subject to
written form.
The transfer or the conveyance of the right arising from the application or from the registering is
recorded to the register and published, upon payment of the fee indicated in the regulations. The date
of publishing is the date of validity of the term against third persons.
SECOND SECTION
License Depending on Contract
License Depending on Contract
Article 38- The right to use, which arises from the application or from the registering, may be subject
to the license contract, to be valid within the borders of the country. The license depending on
Contract, is given as monopoly license or non-monopoly license.
In case not otherwise decided on the license contract, then the license is non-monopolized. The
licensor may use the variety by himself or he may also give other licenses to third persons related to
the same variety.
When monopolized license is concerned, the licensor cannot give license to others, and he also cannot
use the subject variety which has the right, unless he does not keep reserved his right.
In case the term of the first subsection of this article is violated by the license, the rights arising from
the application or the registering, may be set forth by the way of a lawsuit, against the licensee by the
owner of the right.
The owners of license depending on contract, cannot transfer their rights arising from the license to
third persons, or they cannot give sub-licenses.
The person who receives the license right depending on contract, can conduct all kinds of executions
related to the use of the variety which is the subjec t of the right, within the integrity of the national
borders, during the protection period of the variety, unless otherwise decided on in the contract, on the
contrary. The license contract is made in writing. The license contract is recorded to the register and
published, upon the written demand of one of the parties, by the Institution.
The person who has the monopolized license may open the lawsuits on his own denomination, that the
owner of the right may open in accordance with this law, in case their rights are violated by thirdpersons; unless otherwise decided on in the license contract, on the contrary. Those who receive non-
monopolized license, have no right to open lawsuit.
The license who does not have the right to open a lawsuit, due to violation of the right, according to
eighth subsection of this article, may ask the owner of the right to open a lawsuit, by a notification
through public notary. In case the owner of the right does not accept this demand or if the lawsuit isnot opened within three months after the receipt of the notification, then the licensee may open a
lawsuit, by enclosing a copy of the notification, in the denomination of himself, and informs that he
has opened a lawsuit, to the owner of the right. The licensee, may demand a precautionary measure
decision from the court, before the passing of the period consisting of three months against a serious
danger of harm.
The Transfer of the Right and the Responsibility arising from the Grant of license.IP/N/1/TUR/P/2
Page 22
Article 39- In case it is understood that a person who transfers his right which arises due to the
application or from registering against an amount or a person who transfers without an amount or a
licensor; has no authority or if the application is rejected or if it is cancelled or if a decision is given
regarding its invalidity; then this person has his responsibility against the person who takes over or to
the license.
The indemnity demand period which originates from the term of this article, starts upon the learning
of the decision of refusal, cancellation or invalidity or non-authorization and as for the prescription
subject, the terms of Debts law are applied.
In case, the person who transfers, or the licensor, acts with evil intentions, then these are always
responsible of their acts. In case the person who transfers, or the licensor has not informed the Breeder
Right application or the reports and decisions on the ability to prevent the variety with this given
decision which is the subject of the right for the variety, or the things that he knows and has notplaced the documents related to these in the contract, then it is accepted that there exists the evil
intention.
PART SIX
The Cases of Invalidity and the Termination of the Right
The Cases of Invalidity
Article 40- The court decides on considering the invalidity of the Breeder Right, in the existence of
one of the following cases, these cases:
a) The conditions cited in the 5th and 6th articles of this law are not realized by the date of
the application or the priority right;
b) It is understood that the conditions proposed in article 7 and 8 are not realized;
c) It is understood that the Breeder Right register is made in the name of an unauthorized
person, apart from those indicated in article 11, 12 and 13.
Demand for Invalidity
Article 41- Everybody who has legal interest, may demand invalidity from the court, as long as the
protection right continues. This demand can only be set forth by the real owner of the right, in
accordance with subparagraph (c) of article 40.
The effect of Invalidity
Article 42- In case invalidity is decided on, the results of this decision are effective towards past, and
the protection provided under this law is considered not to be born within this invalidity.
The finalized invalidity decision is recorded to th e register and this fact expresses term against
everybody.
The effect of the invalidity towards the past, do es not influence the following conditions; that
originates from the evil intended actions of the owner of the right and the demands of indemnification
right to be reserved and related to the eradication of the harm:IP/N/1/TUR/P/2
Page 23
a) The legally finalized and applied decision that are taken due to the violation of the subject
right, before the right is considered to be invalid,
b) License contracts which are made and applied before the decision is taken on the
invalidity of the right.
However, it will be decided by the court that if the payment which has been made in accordance with
the license contract be refunded partially or fully , with the reason of rightly reasons or with the
thought of being just.
SECOND SECTION
The Termination of the Right by Itself
Article 43 – The Breeder Right ends up by the realisation of one of the following cases:
a) The Termination of the protection period,
b) The giving up of the owner of right from his right,
c) Not affecting of the annual payments on due times determined.
The variety which is the subject of the right, is cons idered to be the property of the public, in case the
right terminates. This point is published in the Bulletin by the Institution.
The owner of the right may give up the Breeder right. The giving up of the right need to be informed
by writing to the Institution. The giving up creates a te rm by the date of its recording to the register.
None of the owners of the right may give up his right, unless other owners of the right who are
recorded to the register and the owners of the license give consent.
In case a third person charges any ownership right on the right itself, the right can not be given up,
without his consent.
The breeder right terminates by the last date of the annual fee, in case this fee is not paid in due time
period.
In case the right has terminated by the reason of no t paying the annual fee, and if the owner of the
right proves that he has not made the payment due to force majeure reasons, then the right becomes
valid again.
The demand for the force majeure reasons must be made within six months following the publication
of the advertising of the termination of the right in the Bulletin. This demand is published in theBulletin and those related persons may inform their views related to the subject within thirty days.
The re-validation of the right, is done by the decision of the Institution, and is published in the
Bulletin. The re-validation of the right, does not affect the rights of the third persons which are
already won, by the termination of the right and won some rights related to this subject. The rights of
the third parties and the scope of these are determined by the court.
In case of the re-validation of the right, then th e owner of the right becomes responsible for the fees
that he has not paid.IP/N/1/TUR/P/2
Page 24
SEVENTH PART
Cases of Violation of the Right, Lawsuits and the Court on Duty
FIRST SECTION
The Cases of Violation of the Right
The Cases which are considered to be the Violation of the Right
Article 44- The following cases are considered as violation of the Breeder Right:
a) The use of the authorisations listed in the article 14 of this law, without the consent of the
owner of the right,
b) To prepare the subject material for the purpose of the reproduction, to reproduce, to offer them
for sales, to sell them or to offer them to th e market in other ways, to export them, to import
them or to store them with these purposes; even  though that it is known that the reproduction
material belonging to the variety which is being protected, that it is produced by violating themonopolised rights of the owner of the righ t or that it should have been known;
- 
c) To spread the given authorisation by the license, without consent or to transfer these
authorisations to third persons;
d) To violate the fourth and fifth subsections of article 9;
e) To seize by force the right;
f) To participate the actions listed in subparagraphs a-e of this article or to help them or to
encourage them or to ease the execution of these actions under whatever way or conditions
that may be;
g) To abstain from informing the material existent with him, and the material produced or offered
to the market in a way that it violates the authorities of the owner of te right or where it has
been taken from or how it is obtained.
SECOND SECTION
Legal Lawsuits
The Demand of the Owner of the Right and the Court on Duty in the Legal Lawsuits
Article 45- In case the breeder right is violated, the owner of the right may demand the followings
from the court:
a) To stop the acts of violation to the rights arising from breeder right;
b) The eradication of violation and material and moral indemnification,IP/N/1/TUR/P/2
Page 25
c) The seizure of the material produced as a result of violation of the right and the seizure of the
equipment used directly in the production of these;
d) The recognition of the right of property to himself on the material and equipment seized within
the framework of the first subsection, subparagraph (c) of this article, when possible; in this
case, the value of the subject material is deducted from the value of the indemnification. Whenthis value exceeds the accepted indemnification, then the owner of the right needs to pay the
extra amount to the other party.
e) The taking of the preventive measures that prevent the continuation of the violation of the
right; the changing of the shape of the seized material and equipment within the framework of
first subsection, subparagraph (c), or their destruction in case there is no other way to prevent
the violation;
f) The notification of the decision of the court which is against the person who violates the right,
to the related persons and announcement of this to the public, where the related costs are to be
born by the violator;
The authorized court in the legal lawsuits to be op ened by the owner of the right, is the court where
the plaintiff resides or where the guilt is committed or where the effects of the violation act are seen.
In case the plaintiff does not reside in Turkey, then the authorized court, is the court where the
headquarters of the Institution is present.
The authorized court in the lawsuits to be opened against the owner of the application, or against the
owner of the right, by third persons, is the court where the defendant resides.
In case the owner of the application or the owner of the right does not reside in Turkey, then the terms
of the third subsection of this article are applied.
In case more than one courts happen to have the authorization, then the authorized court are the courts
where the first lawsuit is opened.
In case the Institution is the plaintiff or the defendant, then the authorized court are the courts where
the Institution is residing.
Indemnification
Article 46- The person who produces, sells, distributes or offers to the market by other ways, or
exports or imports for these purposes, or the person who keeps these in his hand for commercial
purpose or who uses the variety that is being protec ted, without the consent of the owner of the right;
is responsible to avoid the contradiction to the law and to indemnify the harm caused by him.
The person who has been using the variety that is being protected is responsible to indemnify the
damage that he has caused, in case the owner of the right informs him about the existence of the right
and about the violence and demands the stopping of the violence or when the usage forms a faultybehaviour.
The Profit that is been Deprived
Article 47- The damage that the owner of the right is subjected covers not only the value of the actual
loss, but the profit that is been deprived of as a result of the violation to the breeder right in addition to
the former.IP/N/1/TUR/P/2
Page 26
The profit which has been deprived of, is calculated in accordance with one of the following
evaluation methods, which will be selected by the owner of the right, who is subjected to the loss:
a) In accordance with the probable profit that the owner of the right would get with the use of the
variety, in case there had not been the competition of the person who violates the right;
b) In accordance with the profit that the person who violates the breeder right, by ising the variety
that is being protected;
c) In accordance with the license fee that the person who violates the right, would pay, in case he
made use of the variety that is being protected in a way which is legal.
The influencing factors like the economical importance of the variety, which is the subject of the
right, the validity period at the time when violation is made, the number and type of the licenses
related to the variety that is being protected at the time when the violation is made; are taken into
consideration for the calculation of the profit which is deprived of.
In case the court determines that the owner of the right has not executed his responsibility for the use
of the variety as proposed with this law, then the profit which has been deprived of is determined by
the framework of the second subsection subparagraph (c) of this article.
Cost Amount Lawsuit
Article 48 – A lawsuit of personal property, may be  opened for the obtaining of a suitable cost amount
which is just, in the cases proposed in the law, by the owner of the application or by the owner of the
right.
The lawsuit of cost amount which may be opened related to the cost amount to be paid by the farmers
who are outside the farmer exception, may also be opened by the professional organiations related to
the breeder right.
In the determination of the amount specified in article 15, attention will be paid that it will not exceed
the license fee that will be paid in a license contract by supposing that the breeder right are registered.
The lawsuit is opened within one year, following the learning of the act that will necessiate the
payment of the amount.
The lawsuit about the Non-existence of Violence of Right and its Conditions
Article 49- Everybody who have interest, may open a lawsuit against the owner of the right, and may
demand to be decided that his activities do not form a violation of the breeder right.
The owner of the interest, demands the owner of th e right to inform his views through public notary,
before the opening of the lawsuit indicated in the objection one of this article, that the processes
conducted or to be conducted related to the materials produced at the end of these procedures of the
owner of the interest in Turkey, that these do not form a violation of breeder right.
The owner of the interest, opens the lawsuit, in ca se the owner of the right does not answer, within
one month after the notification date of this demand to the owner of the right, or if the given answer is
not accepted by the owner of interest.
The lawsuit indicated in the first subsection, cannot be opened by a person who has been opened a
lawsuit against him on grounds of the violation of breeder right.IP/N/1/TUR/P/2
Page 27
The lawsuit is notified  to all owners of right who are recorded to the Breeder Rights Register and
who have rights on the variety that is being protected.
The lawsuit mentioned in this article, may also be opened together with the lawsuit of the invalidity of
the right.
Determination Lawsuit
Article 50- The person who authorized to open a lawsuit of violation of the breeder right, may
demand from the court the determination of the events that may be considered as the violation of these
rights.
Precautinary Measure Demand and its Quality
Article 51- Those persons who open a lawsuit or those who will open a lawsuit in the way proposed in
this law, may demand the decision for precautionary measure, in order to obtain the effectivity of the
lawsuit, provided that they prove that the variety which is the subject of the lawsuit is being used in
Turkey, which forms a violation of their own rights or there exist the serious and effective activities
for its use.
The demand for precautionary measure may be made before the lawsuit is opened or together with the
lawsuit or after the lawsuit is opened. The demand for the precautionary measure is evaluated apart
from the lawsuit.
The precautionary measures, should have the quality to provide the effectivity of the judgement to be
given and should cover the below indicated measures:
a) To stop the acts that form the violation of the breeder right;
b) The seizure of the material which is produced by violating the breeder right or material related to
the variety that is being imported which is the subject of the right within the borders of Turkey,inclusive of customs  areas, and free ports or free zones and the stocking of these without
damaging them;
The Application of Law Method
Courts Law
Article 52- The terms of the Law Method Courts Law No. 1086, are applied to those other points
which are related to determination lawsuits and precautionary measures.
Prescription
- Article 53- The terms of Debts Law No. 818, related to prescription, are applied in the
demands related to special law that originate from this law.IP/N/1/TUR/P/2
Page 28
THIRD SECTION
Punishments and Terms of Procedure
The Cases Considered as Violation and Sanctions
Article 54- The cases considered violation and the punishments to be given in these cases are given as
follows:
a) Those who commit the acts indicated in the subparagraphs of (a), (b), (e) and (f) of article 44 on
purpose, will be sentenced from thirteen months to two years of imprisonment or from five billion
Liras to ten billion Liras of heavy fine or they will be sentenced by both of them, and it will be
decided that the workplaces of those who are dealing with commerce will be shut down for not
less than one year and their prohibition from commerce for the same period.
b) Those who violate on purpose the subparagraphs (c), (d) and (g) of article 44, are sentenced to
pay five billion Liras of heavy fine.
c) Those who acknowledge themselves as the owner of the application or owner of the right, in a
way which is against the reality, will be punished with five billion Liras of heavy fine.
d) In case the acts cited in the subparagraphs (a), (b) and (c) of this article are committed by the
employees of a facility while they perform their services, directly by their own or upon order;then the person who actually manages the facility w ill also be punished in the same way, whether
he/they are the employee(s), or the owner of the facility who does not hinder the committing of
the guilt, his representative or administrator or the person who manages the facility under
whatever name it might be. If any one of the acts indicated in article 44 is / are committed, while
the business of a juristical person, is conducted, then the juristical person is also jointly
responsible of the costs and the fine.
Procedure and Prescription
Article 55- The legal proceedings due to the guilts listed in article 54 are subject to the owner of the
right. In case the act indicated in subparagraph (c) of article 56, then the Institution, the associations
related with the breeder rights, those organisations which are dependent on consumer societies, and
Chambers of Commerce and Industry, Chambers of Commerce, Chambers of Industry, Marine
Chambers of Commerce, Bourses of Commerce Law No. 5590 and Tradesman and Small Artisans
Law No. 507, along with the owner of the ri ght also have the right to complain.
It is necessary that the complaint is to be made wi thin one year after the being informed / being aware
of the act and the actor. The complaints are considered among urgent jobs. The juristical procedures
cited in Law No. 3005.
The No. 8 subparagraph of first subsection of article 344 of Punishment Juristical Method Law
No. 1412, is not applied in the application of the terms of article 54.IP/N/1/TUR/P/2
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FOURTH SECTION
Specialist Courts
Authorized Court
Article 56- The authorized court that is proposed in  this Law, are the specialized ideal and industrial
rights courts which are to be established by the Ministry of Justice.
The Supreme Council of Judges and Prosecutors determines which of the Court of First Instance of
Commerce and Court of First Instance of Punishment wi ll be given the duty as specialist court and the
juristical surrounding of these courts, upon the proposal of the Ministry of Justice.
The authorized court in the lawsuits that will be opened against all decisions taken by the Institution
within the framework of the terms of this law, and in the lawsuits that are to be opened against the
Institution by third persons who are subjected to harm due to the decisions of the Institution, are thespecialized courts as specified by the first subsection of this article.
The Announcement of the Judgement
Article 57- The party who becomes the rightly side at the end of the lawsuit, the these have the right
to demand the publishing of the finalized judgement in daily newspaper or similar means, either in
full or partially, in case there is a rightly reason or interest, where the costs will be born by theopposite party.
The form and contents of the advertisement are de termined in the decision. The right for advertising,
becomes void in case this right is not used with in three months following the judgement becomes
definite.
EIGHTH PART
Breeder Right Register and the Bulletin
Breeder Right Register
Article 58- The Institution forms a register which covers the Application Register and the Breeder
Right Register.
Those points which need to take place in both of the registers within the framework of this law are
determined by the regulation.
Those everybody, who has legal interest may examine the documents related to the application, and
the registering of the breeder right, the growing tests which are necessary to be made within the
framework of the terms of articles 27 and 36 and other tests.
The owner of the varieties that necessitate the continuous use of other varieties for the production or
reproduction of it, may demand the documents and tests belonging to the variety to be excluded fromthe scope of the evaluation of the Register.IP/N/1/TUR/P/2
Page 30
Plant Varieties Bulletin
Article 59- At least the following points take place in the Bulletin that will be published by the
Institution:
a) The breeder right applications;
b) Denomination proposed for the variety or the temporary denomination, if any;
c) Giving up of application;
d) The refusal of the application;
e) The registering of breeder right and the registered denomination;
f) The changes related to the owner of the right or his proxy;
g) The termination of the right;
h) Licenses;
i) Official announcements.
The Institution publishes an annual report in which the owner of the variety, protection period,
registering date and its denomination are included for the related variety which is being protected
along with other information deemed necessary.
NINTH PART
The Turkish Variety Register, Protection and Seed Certification Institution
FIRST SECTION
Establishment and Purpose
Establishment and Purpose
Article 60- Turkish Variety Register, Protection and Seed Certification Institution has been
established, which is established for the purpose of registering the new plant varieties and the plants
obtained by biotechnical methods in the country, to conduct studies in the subject of variety
protection, and seed test and certification, to provide the development of method research activities, to
encourage the activities of plant breeders to find new plant varieties, to provide the protection of the
rights of plant breeders, and the offering of the information and documentation to the public for theiruse which exist domestically or abroad, and to contribute the agricultural production of our country
and the development of such, having a juristical personality, dependent on special legal terms in cases
when not specified in this law, connected to the Ministry of Agriculture and Rural Affairs, having a
special budget. The Turkish Variety Register, Protecti on and Seed Certification Institution is a public
organisation and its short denomination is ‘TTKS’.
The headquarters of TTKS is in Ankara.IP/N/1/TUR/P/2
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SECOND SECTION
Duties and Organs
Duties
Article 61- In order to contribute the agricultural development of the country, in accordance with the
terms of the related regulations;
a) Makes the registering of the right of the breeder within the framework of this law which is the
subject of the protection, and conducts the related procedures for the protection of the rights;
b) Conducts the compulsory license procedures, and acts as expert in the courts;
c) Registers and records the license and transfer agreements;
d) Cooperates with the similar institutions abro ad and with the international organisations,
e) Represents Turkey in the face of the internationa l institutions with the approval of the Ministry;
f) Contributes in the preparation of international agreements related to the rights of plant breeders
and provides these agreements to be applied in Turkey;
g) Cooperates with the institutions and organisations and information banks domestically or abroad
that conduct activities for the seed technology and research and development, forms
documentation units, offers these information to the interest / use of public;
h) Publishes various publications related to the rights of plant breeders,
i)  Makes the necessary studies for informing the persons and organizations domestically in the
subject of the protection of the rights of plant breeders and for the directing of those;
j) Makes the registering of the new plant varieties that are being improved domestically and the
varieties being brought from abroad, and thos e plant varieties that are being obtained by
biotechnological ways;
k) Conducts the services related to the control and certification of the seeds of varieties that are
produced and makes field controls and makes laboratory inspections;
l)   Issues seed certificates which have international validity;
m) Established control trials belonging to all seeds that are produced in our country or that are
exported or imported;
n)  Determines the standards for the registering and seed certification fields;o)  Prepares list of varieties that are allowed to be produced in our country;
p)  Makes other duties given by laws.IP/N/1/TUR/P/2
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Organs and Units
Article 62- The Institution comprises of the following organs and units:
a) Board of Directors,
b) Presidency,
c) Re-study and Evaluation Council,
d) Main Services Units,
e) Auxiliary Service Units,
f) Consulting Unit,
g) Test Directorates.
Board of Directors
Article 63- The Board of Directors is the uppermost level management and decision organ of the
Institution.
The Board of Directors comprise of 1 member from the Ministry of Finance, 2 members from the
Ministry or from the dependent/ connected or related organizations, together with the president of the
Institution and assistant president, thus  totalling to 5 members altogether.
The president of the Institution is at the same time the President of the Board of Directors.
In cases when the President of the Institute is no t present, then the Assistant President becomes the
President of the Board of Directors.
The members of Board of Directors and the President and the Assistant president are assigned whit a
joint decree, upon the proposal of the ministry.
The period of duty of the members of the board of Directors is 5 years. Those members who complete
their period of duty may again be assigned.
For a membership of Board of Directors that is vacant for any reason, an assignment is made whit the
same proceeding, within one month at the latest and the assigned member completes the period of
duty of the predecessor member.
The working method and basics of the Board of Directors are determined by a Regulations to be
issued by the Ministry.
The Duty and Authorization of the Board of Directors
Article 64- For the purpose of execution of the duties given to the Institution by this law and other
regulations , the Board of Directors;
a) Takes  all decisions necessary for enabling the Institution to act in a uniform ,
effective and efficient way from financial and technical aspects. Prepares the
regulations for the purpose of providing effectivity to the operation of the Institution ;
b) Approves the budget of the Institution ;IP/N/1/TUR/P/2
Page 33
c) Discusses and decides on the activity report and financial report prepared ;
d) Prepares development plans in the subjects of rights of plant breeders , variety
registration and seed certification , and short and long term working programs in the
direction of annual programs , determines method research subjects;
e) Approves the fee tariffs that will be taken against the services to be given by the
Institution,
       f) Decides on the assignment proposals that will be made by the President;
g) Decides on the arrangement of national and international quality seminar,
symposium, open discussions , conference and similar subjects, to enlighten the
public opinion that fall into the area of duty of the Institution, and to get the views of
the related persons;
h) Forms permanent or temporary specialist commissions consisting of specialists in this
field to get their views on variety registering, rights of breeders, and seed
certification;
i) Decides on the construction of building for the needs of the Institution, and on the
procurement of mobile and immobile properties or their being rented, the sales ofthese when necessary and their being leased.
The Board of Directors, meets each month upon the addenda that is to be prepared by the President
and upon the invitation.
The Board of Directors meets at least with four members, the decisions are taken in the direction of
absolute majority of the participating members. In  case the votes are equal  then the vote of the
President is counted as  two / double votes.
The Board of Directors may transfer one or more of  its authorities to the President, provided that the
limits of this/these are stablely indicated in writing. However, the transfer of the authorization, does
not lift the responsibility of the ones who transfer the authority.
Presidency
Article 65-The President is the superior official of the Institution and represents the Institution. The
Presidency comprises of the President and the Assistant President.
The President of the Institution and the Assistant President are assigned with a joint decree for a
period of five years. Those who complete their periods may again be assigned. For the positions of the
President and the Assistant President that may become void, an assignment is made within one month
at the latest by the same method, and the person who is assigned, completes the period of duty of theprecedes or of himself.
The President, Assistant President and Heads of Departments are assigned to other posts suitable to
their positions according to their gained salaries, in case they cannot be assigned again.
The Duties and Authorities of the Presidency
Article 66- The duties and the authorities of the Presidency are as follows;IP/N/1/TUR/P/2
Page 34
a) Provides cooperation and coordination with the national and international institution
and organizations that fall into the field of activity of the Institution, and conducts the
services of the Institution in accordance with the rights of breeders that Turkey is a
party of, the subjects of variety registration and seed certification, together with
international agreements, national security policy, development plan and annualprograms, decisions of Board of Directors;
b) Provides the application of the regulations related to the Institution,c) Prepares the budget of the Institution , and offers it to approval of the Board of
Directors;
d) Is responsible from the procedures of the employees of the Institution, and has the
duty and is authorized to inspect the activities and calculations of the Institute.
The President may transfer a part of his authorizations to their subordinates, provided that the limits of
it are dearly defined in writing. However, the transfer of the authorization, does not lift theresponsibility of the one who transfer the authority.
Re-study and Evaluation Council
Article 67- The study and evaluation procedures for the objections to be made by the owners of the
application or third persons against the decisions taken by the Institutions together with the
registration procedures of plant breeder right, are conducted by Re-study and Evaluation Council.
The Re-study and Evaluation Council comprise of at least two specialist members who are specialists
in the field of the subject in which the re-study will be made upon investigation, and who are to beselected by the President of the Institution, who do not have duty on the decisions taken related to the
objections made.
The decisions of the Re-study and Evaluation Council are the final decisions of the Institution.
Lawsuits against these decisions may be opened in the related courts.
The working basics and the operation of the Re-study and Evaluation Council are determined by the
regulations to be prepared by the Institution and issued by the approval of the Ministry.
THIRD SECTION
Service Units
Main Service Units
Article 68-The main service units of the Institution are as follows:
a) Presidency of Registration Department for Variety and Research Organizations,
          b) Presidency of Variety Protection Department,
        c) Presidency of Seed Control and Certification Department.IP/N/1/TUR/P/2
Page 35
Presidency of Registration Department for Variety and Research Organization.
Article 69-The duties of the Presidency of Registration Department for variety and Research
Organization are as follows;
a) Conducts trial tests for the registration of the domestically improved new plant
varieties , together with the varieties brought from abroad and the plant varieties
obtained by biotechnological ways , in accordance with the terms of the regulations ,
and prepares the registration reports belonging to these,
b) Prepares the projects of internal and extern al origin related to the variety registration
procedures in the subjects of research , investigation , evaluation and development;
c) Evaluates the trial and the test results of the registered varieties and prepares the
national variety and recommendation tests;
d) Performs the investigation, evaluation, registering and inspection procedures of
registration applications private organizations in accordance with the related terms of
regulations;
e) Performs the other works given by the ministry.
The Presidency of Registration Department for variety and Research Organizations comprise of the
following service units:
a) Branch Directorate of Field Plants Registration Test,
b) Branch Directorate of Garden Plants Registration Test,
c) Branch Directorate of Registration, Recording and Archive.
Presidency of variety protection department
Article 70- The duties of the presidency of variety protection department are as follows:
a) Performs the recording, filing, research, investigation, evaluation and registering
procedures in accordance with the terms of related regulations,
b) Performs the license, transfer and other changes of the breeder right and breeder right
registering applications, in accordance whit the terms of the related regulations,
c) Makes the announcement and registering procedures of breeder right,d) Performs the other works given by the ministry.
The presidency of variety protection department comprise of the following service units:
a) Branch Directorate of application receipt,
b) Branch Directorate of breeder right inspection
c) Breeder right inspection Branch Directorate.IP/N/1/TUR/P/2
Page 36
Presidency of seed control and certification
Department
Article 71- The duties of the presidency of seed control and certification department are as follows:
a) Performs the certification procedures of the seeds produced domestically or the seeds
which are traded internationally,
b) Makes the field controls and laboratory inspection of the seeds,
c) Makes the control trials of the certified seeds that exist in the production,
d) Prepares the certification labels/tags of the seeds, seedlings, saplings and matures,
e) Evaluates the results of control trials of the seeds produced domestically,
f) Establishes the control trials of the exported or imported seeds,
g) Follows the applications related to the seed ling and sapling inspections that are traded
domestically,
h) Makes the regulatory studies related to the certification and control of seed,
i) Performs the other works given by the ministry.
The presidency of the seed control and certification department comprise of the following service
units:
a) Branch Directorate of seed control,
b) Branch Directorate of seed certification,
c) Branch Directorate of international trials.
Auxiliary service units
Article 72- The Auxiliary service units of the institution are as follows:
a) Branch Directorate of personnel,
b) Branch Directorate of administrative and financial works,
c) Branch Directorate of international relations.
Branch Directorate of personnel
Article 73- The duties of the Branch Directorate of personnel are as follows:
a) Conducts the services of the personnel employed within the body of the institution
like work contracts, positions, advancement, duty, pension, health, absence andsimilar personnel procedures,
b) Makes the related works related to social services and in service training,IP/N/1/TUR/P/2
Page 37
c) Performs the other works given by the ministry.
Branch Directorate of administrative and financial works
Article 74- The duties of the Branch Directorate of administrative and financial works are as follows:
a) provides the execution of the expenditures that are needed to be made by the
institution, collect the incomes that are to be collected, makes the procurement within
the framework of the terms of the related laws and regulations,
b) Conducts the cleaning, maintenance and repair service of the institution, offers the
proposals for the procurement needs of the institution for the mobile and immobile
goods or for their lease, or for their sale or rent when needed; by the approval of the
Branch Directors,
c) Provides the orderly conduct of the entry and exit of documents together with the
service of archive,
d) Keeps the record of inventory and other articles,e) Performs the other works given by the ministry.
Branch Directorate of international relations
Article 75- The duties of Branch Directorate of international relations are as follows.
a) Follows the international agreements that fall  into the duty area of the institution,
investigates them and conducts the necessary works for conforming the
responsibilities,
b) Conducts the necessary procedures for th e participation to international agreements
that are needed to be participated, within the framework of Law no: 1173
c) Makes proposals to the presidency to make arrangements/modifications in the
regulations when needed,
d) Provides foreign regulations and follows them,e) Performs the other works given by the ministry.
Consulting Units
Article 76- The consulting units of the institution are the followings:
a) Branch Directorate of legal works,
b) Branch Directorate of information and documentation.IP/N/1/TUR/P/2
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Branch Directorate of legal works
Article 77- The duties of the Branch Directorate of legal works are as follows:
a) Conducts studies for the adaptation of the regulations in the fields of plant breeder
nights and variety registration and certification to the current conditions,
b) Acts as consultant to the Branch Directorate of and the presidency in the legal
subjects,
c) Keeps the arrangements ready for service like national and international agreements,
laws, regulations, other regulations, reports, articles and similar related to the rightsof breeders and variety registration and certification,
d) Represents the institution in the courts,e) Performs the other works given by the ministry.
The advocate Branch Directorate, Advocates and other personnel who work in the Branch Directorate
of legal works make use of the payment given in the courts and other seizure departments as the proxy
payment in accordance with the terms of law related to proxy payments No. 1389 / Ücreti Vekalet
Hakk ında Kanun to the payment to be given to advocates and the like.
Branch Directorate of information and documentation
Article 78- The duties of the information and documentation are as follows:
a) Provides all kinds of publishing for the training and informing of the institution about
its duties,
b) Publishes publications domestically and internationally related to breeder rights,c) Prepares and publishes variety catalogues for the varieties registered,
d) Collects information and documents belonging to registered rights of breeders
domestically and internationally,
e) Publishes plant varieties bulletin related to breeders right,
f) Provides the establishment of the data body of the institution, provides the operation
of its equipment and software and provides the development,
g) Provides conveyance of the information and documents to the computer media and
provides their storage, related to the rights of breeders,
h) Makes the necessary studies for the fastest use of the information in the computer
media by the related units of the institution,
i) Performs the other works given by the ministry.IP/N/1/TUR/P/2
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Organization
Article 79- The organization of the Turkish variety register, protection and seed certification
institution consist of the organizations of the headquarters and the provinces,
FOURTH SECTION
Conditions of assignment, budget and personnel
Conditions of assignment
Article 80- the domestic and international experience of the personnel to be assigned as managers
within the institution is predominantly evaluated along with the conditions searched for in the
Government officers Law No : 657 / Devlet Memurlar ı Kanunu, Together with their service period
inside the institution.
Foreign language knowledge of the personnel to the positions of heads of departments and managers
to the variety registering and breeders right department together with variety register branch, breeder
rights branch, international relations branch and information and documentation and data processing
branch, are predominantly evaluated like at least one of the languages of English, French and German.
The personnel outside those who are assigned by joint decree, are assigned by the ministry upon
proposal of the president and by the approval of the board of directors.
Those who prove to be successful in the sufficiency examination to be opened are assigned within the
body of the institution, provided that:
a) In addition to the conditions cited in gove rnment officers Law No: 657 Devlet Memurlar ı
Kanunu, in order to be assigned as assistant specialist,
1) To be graduated from faculties of agriculture,
2) To be successful in the contest and sufficiency examination,
3) To be completed thirty years of age in the first day of January of the year when
the examination is made,
are compulsory.
b) Those who become successful in the examination to be opened are assigned to the
“specialist” position, provided that they work at least for three years as assistant specialtyand they receive positive records.
Those who become unsuccessful in two successive examinations are assigned to other posts suitable
to their positions.
It is compulsory that those who will be assigned to  specialist positions should know at least one of the
languages of English, French or German in good level.
The procedures and the basics related to assistant specialists and specialist and their training
domestically or internationally, the basics of their selection and other points are determined by
regulations to be issued by the ministry.IP/N/1/TUR/P/2
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Inspection
Article 81- The institution is subject to the inspection of prime ministry supreme inspection council.
Incomes, Expenditures and Budget
Article 82- The incomes of the institution are as follows:
a) The general budget sources of the ministry,
b) The fees to be collected against the service to be conducted by the institution,
c) Incomes that will be obtained from the projects made by joint agreements,
d) Other incomes.
The amounts of fees indicated in the No: 8 tariff of Fees Law No : 492 / Araçlar Kanunu, for the plant
breeders rights are collected together with the are collected together with registration, certification and
other services that the institution will make; by the institution and fees collected in this way are
transferred monthly to the ministry of finance until the twenty first day of the next month.
The expenditures of the institution are met from the general budget sources and from the budget to be
approved by the Board of Directors.
A revolving capital facility is established within the body of the institution for the purpose of the
realization of the services to be given to real and ju ristical persons, in the fields that fall into the areas
of activity of the institution; upon positive view of the Board of directors and upon approval of the
Minister.
The activity areas of the revolving capital facilities, their capital limits, the basics of management
procedures related to the facility and accounting procedures are determined by the revolving capitalregulations by taking the positive view of the Ministry of Finance, and in accordance with Board of
Directors.
The institution may make use of the services of domestic and international organizations for the
procedures of plant breeder right and other services. The payments to be paid for such services that
are to be made use of, are collected by the institution together with the fees that are taken against the
services of the institution to be made and the payments to the related organizations are made by the
institution.
Personnel Employment
Article 83- Personnel with contract may be empl oyed without being tied up with the terms of
Government Officials Law No : 657 and other laws related to employment of personnel with contract,
provided that positions of president, assistant president, head of department, branch manager, plant
breeder right assistant specialist, advocate, Engineer, Translator, analyst, Programmer, Computer
Expert are shown on their opposites. Foreign special ists may also be employed with contract, the
employment of the foreign specialists, the employment of the foreign specialists, are made inaccordance with the regulations to be prepared by the institution and to be approved by the Ministry.IP/N/1/TUR/P/2
Page 41
For the jobs and services that necessitate a specific expertise, a procedure is carried out within the
framework of the Board of Directors.
Nationals or foreigners may be employed according to the needs for health, training and other works
that the services necessitate, by special agreements from the country or from abroad by the approval
of the Board of Directors.
The personnel with contracts are tied to the retired personnel organization / Emekli Sand ığı, in case
they demand.
The positions in the instutition
Article 84- The determination, establishment, use and cancellation of positions and other points
pertaining to the positions that are arranged in  accordance with the terms of the Decree With the
power of law about General Positions and Proceedings No : 190 / Genel kadro ve Üsulü Hakk ında
Kanun Hükmünde Kararname.
TENTH PART
LAST TERMS
Terms that will not be applied
Article 85- The terms of general accounting Law No : 1050 / Muhasebe-i Umumiye Kanunu are not
applied to the works and procedures of the institution established by this law. Apart from this, the
institution is not dependent on Government Tender Law No : 2886 / Devlet İhale Kanunu, in
procurement- sales, renting and other processes. The properties of the institution are considered
legally as the property of government.
A regulation which arranges the procurement- sales, renting and other procedures of the institution, is
prepared by the board of directors, and approved by the Ministry, upon positive view / opinion of the
Ministry of Finance.
The independence of breeder right
Article 86- The breeder right which is arranged by this law, is independent of the legal and
administrative arrangements which are taken from the view of the production of the related material,
its certification offering of it to the market from commercial point of view, its import and its export;and the aforesaid arrangements does not affect the protection of this right as the breeder right.
Regulations
Article 87- The regulations related to the application of this law, are prepared within six months
following the validation date of this law, and the arrangements related to the institution are prepared
within three months following the first meeting of the Board of Directors.IP/N/1/TUR/P/2
Page 42
Regulations that are removed from validity
Article 88- The ş, t and u subparagraphs of the 5th article, and the third subsection of the 6th of the Law
Pertaining the Registration, Control and Certification of Seeds No : 308, modified by Law No: 3976 /308 Say ılı Tohumluklar ın Tescil Kontrol ve Sertifikasyonu Hakk ında Kanun; are removed from
validity. The duties given to Protection and Control General Directorate/ Koruma ve Kontrol GenelMüdürlüğü, by the regulation with the power of law No : 441, about the establishment and duties of
the ministry of agriculture and rural affairs, rela ted to “ to determine the control and arrangement
basics and announcement related to seed, seedling, sapling and similar inputs “ the term branchdirectorate of seed registering and certification has been removed from validity.
The village type which passes in the various articles has been removed from the Law Pertaining the
Registration, Control and Certification of Seeds No. 308, has been removed.
The (a) sub paragraph of 5
th article of the Law Pertaining the Registration, Control and Certification
of Seeds No : 308 has been modified as follows:
a) Registration, the specifying of morphological, biological and agricultural by field trials
and laboratory analyses and recording to a register, for the purpose of certification bydetermining that these are distinct from the existing ones and new variety,
TEMPORARY ARTICLE 1- those persons who ma ke use of the third subsection of the 6th article of
Law No : 308 for a new, distinct, uniform and stable  variety as of February 26. 1994; are protected
under the they apply to the institution within six months following the validation date of this law and
by complying with the conditions cited in this law. The effects of this law, to third persons, are taken
into consideration, following the validation date of this law, provided that breeder right is given.TEMPORARY ARTICLE 2- The institution prepares the list of varieties and the denominations of theowners that make use of the second subsection of article 6 of Law Pertaining the Registration, Controland Certification No : 308; within three months following the validation date of this law, and this ispublished in the Official Gazette together with the authorization declared in temporary article 1,
TEMPORARY ARTICLE 3- The one – year period which is mentioned from the angle of domestic in
the 5th article, for the applications to be made with in the first three months following the validation
date of this law, while the novelty investigation is being carried out, is applied as five years for only
once.IP/N/1/TUR/P/2
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TEMPORARY ARTICLE 4- All the books, note-books, publications, documents, procedure files, and
computers, and other mobile properties of ministry of agriculture and rural affairs protection and
control general directorate seed registration and certification branch management, connected to the
general directorate, Çay ırova Seed Certification and Test Management, Samsun, İzmir, Antalya,
Mersin, Diyarbak ır Provincial Control Laboratories and Certification, have been transferred to the
institution.
TEMPORARY ARTICLE 5- All of the personnel and the servants, who have been working in the
Ministry and Control General Management of Agriculture and Rural Affairs Protection and Control
General Management Seed Registration and Certification Branch Management, Seed Registration and
Certification Center Management and Çay ırova Seed Certification Test Management; together with
the personnel and servants working in Samsun, İzmir, Antalya, Mersin and Diyarbak ır Provincial
Control Laboratory Management; gain the right of the personnel and the servants of the institution.
Those personnel, whose positions and duty titles do not change that will pass to the institution are
accepted to be assigned to their new positions.
Those, whose positions and duty titles do not change or those lifted, are given the works suitable totheir positions; their salaries, additions and indemnities belonging to their old positions are continued
to be paid, until they are met/ provided with additional indicators, and all kinds of additions and
indemnities; and their all kinds of personnel rights are preserved.
TEMPORARY ARTICLE 6- All duties given to the institution by this law, and all kinds of
procedures are conducted by the Ministry until the institution is organized.
TEMPORARY ARTICLE 7- The assignment of the presid ent of the institution, the assistant president
and the members of Board of Directors; are made within latest one month, after the validation date of
this law.
TEMPORARY ARTICLE 8- Those who has worked for live years or more as Agricultural Engineer
in the field of seeds and certification; at the date of validation date of this law, among the personnel
who has worked in the organizations listed in temporary Article 5; are assigned to specialist position,
without being dependent on the terms in the regula tions. Those who have services between two years
to five years may make use of the right of entering the specialist examination and those who have
services, less than two entering the assistant specia list examinations, not to be more than two times,
without looking at the age limits and the periods cited in the related regulations.
Those who prove to be successful in the examinations, are assigned to specialist and assistant
specialist positions, by taking into consideration the order of success.
TEMPORARY ARTICLE 9- Those positions cited in the enclosed Table No : 1 have added to the
tables connected to the Decree in the Power of Law No : 190 as the part of Turkish variety Register,
Protection and seed Certification institution Presidency.
TEMPORARY ARTICLE 10- The 1999 year fiscal year  expenditures of Turkish Variety Register,
Protection and seed Certification institution presidency are met from the ministry of agriculture and
rural affairs budget. Ministry of Finance is authorized to make arrangements in this regard.
TEMPORARY ARTICLE  11- “ Turkish Variety Re gister, Protection and Seed Certification
Institution President ” is added, to become after “ Insurance Inspection Council President” that ispresent in the (d) part of “ 1- General Administrative Services Class” of additional indicator table No :
1, enclosed to Government Officials Law No : 657; and at the end of (h) part of it “ Plant Breeder
Right Specialist ” is added; and " Seed Certification Institution Assistant President “ is added in the ”IP/N/1/TUR/P/2
Page 44
II- juristical organizations connected and related organizations " part, after “ Government Personnel
Presidency Assistant  President ” title.
TEMPORARY ARTICLE  12- To the government officials law;
a) “ Plant Breeder Rights Assistant Specialist ” is added to the article 36 “ Common Terms ”
section (A) subsection, No : (II) subparagraph, after “ Consumer and Plant Breeder RightsSpecialist ” is added after ” Consumer and Competition Specialist ”,
b) “ Plant Breeder Rights Specialist” has been added after “Consumer and Competition
Specialist ” to the (i) subparagraph of “ A - Special Service Indemnifications ” Part ofadditional Article of  “ Addition and Indemnification”.
TEMPORARY ARTICLE  13- “ Turkish Variety Re gister, Protection and Seed Certification
Institution Presidency ’’ is added after ‘‘ Atatürk Forest Farm Management ’’ that is mentioned in the
Article 29 Connected Organization part of Decree in Power of Law about the Establishment and
Duties of Ministry of Agriculture and Rural Affairs No. 441.
Validity
Article 89- This law becomes valid on the date of publication.
Execution
Article 90- The terms of this law are executed by the Council of Ministers.IP/N/1/TUR/P/2
Page 45
LIST NO.01
INSTITUTION: THE PRESIDENCY OF TURKISH VARIETY REGISTER,
PROTECTION AND SEED CE RTIFICATION INSTITUTE
ORGANISATION: HEADQUARTERS AND PROVINCES
THE POSITIONS, THE ESTABLISHMENT OF WHICH ARE FOUND SUITABLE
CLASS TITLE LEVEL NUM. OF FREE POSITIONS NUM. OF RESERVED POSITIONS TOTAL
G.İ.H. PRESIDENT 1 1 ,,, 1
G.İ.H. ASSISTANT PRESIDENT 1 1 ,,, 1
G.İ.H. HEAD OF DEPARTMENT 1 3 ,,, 3
G.İ.H. BRANCH MANAGER 1 15 ,,, 15
G.İ.H. TEST CENTER MANAGER 1 12 ,,, 12
G.İ.H. ADVOCATE 1 2 ,,, 2
T.H. ASSISTANT MANAGER 1 12 ,,, 12
T.H. SPECIALIST 1 50 ,,, 50
T.H. ASSISTANT SPECIALIST 2 50 ,,, 50
T.H. ENGINEER 3 50 ,,, 50
T.H. CHEMIST 3 5 ,,, 5
G.İ.H. BIOLOG 1 10 ,,, 10
G.İ.H. TRANSLATOR 1 2 ,,, 2
G.İ.H. TRANSLATOR 2 1 ,,, 1
G.İ.H. LIBRARIAN 7 1 ,,, 1
G.İ.H. CHIEF 3 10 ,,, 10
G.İ.H. SECRETARY 6 15 ,,, 15
G.İ.H. SECRETARY 7 10 ,,, 10
G.İ.H. COMPUTER OPERATOR 4 2 ,,, 2
G.İ.H. COMPUTER OPERATOR 6 4 ,,, 4
G.İ.H. MANAGEMENT ECONOMIST 1 1 ,,, 1
G.İ.H. CLERK 5 10 ,,, 10
G.İ.H. CLERK 6 15 ,,, 15
G.İ.H. TYPIST 6 10 ,,, 10
G.İ.H. TYPIST 8 10 ,,, 10
G.İ.H. DRIVER 6 10 ,,, 10
G.İ.H. DRIVER 7 10 ,,, 10
T.H. DRIVER 8 10 ,,, 10
T.H. TECHNICIAN 5 10 ,,, 10
T.H. TECHNICIAN 6 10 ,,, 10
T.H. TECHNICIAN 7 10 ,,, 10
T.H. GRAPHIST 1 1 ,,, 1
T.H. PRINTING HOUSE
N52 , , , 2
Y.H. SERVANT 10 10 ,,, 10
Y.H. SERVANT 11 10 ,,, 10
Y.H. SERVANT 12 10 ,,, 10
Y.H. MASTER ... 10 ,,, 10
Y.H. ELECTRICIAN ... 10 ,,, 10
Y.H. AGRICULTURAL WORKER ... 100 ,,, 100
Y.H. TRACTOR DRIVER ... 10 ,,, 10
TOTAL 525 525
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