Plant Breeders’ Rights in Türkiye: A Comprehensive Guide for Applicants

In today’s global landscape, where food security, climate resilience, and agricultural innovation are deeply intertwined, the legal protection of new plant varieties has become a strategic necessity for breeders and agribusinesses. Türkiye, situated at the intersection of Europe, Asia, and the Middle East, offers a comprehensive and internationally harmonized system for protecting plant breeders’ rights (PBRs). This guide aims to assist potential applicants in understanding the Turkish framework and navigating the path to protection.

The legal foundation for plant variety protection in Türkiye is found in Law No. 5042 on the Protection of Breeder’s Rights for New Plant Varieties, which has been in force since 2004. The responsible authority is the Ministry of Agriculture and Forestry, acting through its General Directorate of Plant Production. Since 2007, Türkiye has also been a member of the International Union for the Protection of New Varieties of Plants (UPOV), having acceded to the 1991 Act. This alignment ensures that the Turkish system is consistent with international norms and recognized within the global IP community.

Applicants seeking protection must ensure that their plant variety meets the internationally accepted criteria of novelty, distinctness, uniformity, and stability. The proposed denomination must be unique and non-misleading, fulfilling the requirements for proper registration.

The novelty criterion means that the variety must not have been commercially exploited before certain time thresholds, both in Türkiye and abroad. A variety is considered novel if it has not been sold or otherwise disposed of to third parties, by or with the breeder’s consent, for the purpose of exploiting the variety in Türkiye earlier than 1 year before the filing date.

For international commercialisation, the threshold is either 4 years or, in the case of trees and vines, 6 years prior to the filing date.

These time limits are critical as they define the legal window within which a breeder must act to secure rights. Any commercial activity exceeding these thresholds will render the variety ineligible for protection in Türkiye, even if the other criteria are met.

Distinctness requires that the new variety can clearly be distinguished from existing ones. Uniformity and stability ensure that the characteristics remain consistent through generations of propagation.

Once an application is filed with the Ministry, it undergoes a formal examination. This is followed by a substantive assessment, which includes technical examination, often involving DUS (Distinctness, Uniformity, and Stability) testing. These tests may be carried out domestically or based on foreign reports accepted under the UPOV system, which is particularly advantageous for international applicants who already have existing test results. Following the examination, the application is published in the Ministry’s official bulletin, triggering a three-month opposition period during which third parties may raise objections. If no valid opposition is filed, or once any opposition is resolved, the plant variety is granted protection. The duration of protection is 20 years for most crops and 25 years for trees and vines.

The rights granted to the breeder are exclusive. They include the authority to produce, reproduce, market, sell, import, and export the protected variety. These rights also entitle the holder to license or prohibit the use of the variety by third parties. Where infringement occurs, the breeder may initiate legal action, which may include civil and criminal proceedings as well as customs interventions aimed at preventing the import of infringing goods.

For breeders considering protection in Türkiye, early strategic planning is key. Coordination with local professionals can assist in aligning the technical documentation with national expectations, avoiding procedural delays, and effectively managing the publication and opposition phases. For applicants with prior protection abroad, the opportunity to use existing DUS reports can make the Turkish process more efficient and cost-effective.

Plant Breeders’ Rights in Türkiye offer a solid and internationally compatible means of protecting agricultural innovation. With the right guidance and preparation, applicants can secure long-term protection for their varieties while gaining access to one of the region’s most dynamic agricultural markets.

Aylin Özgür
Trademark & Patent Attorney
E: aylin@starkerip.com