Plant Breeders’ Rights in Turkey
Plant breeders’ rights (also known as plant variety rights) protect new plant varieties developed through breeding, granting the breeder exclusive control over the production, reproduction and marketing of the protected variety. Turkey is a member of UPOV (International Union for the Protection of New Varieties of Plants) and grants protection under Law No. 5042 on the Protection of Breeders’ Rights for New Plant Varieties. We represent domestic and foreign breeders before the Turkish Ministry of Agriculture and Forestry throughout the registration process.
Legal Framework
Plant variety protection in Turkey is governed by Law No. 5042 (in force since 15 January 2004) and its implementing regulations. Applications are examined and granted by the Ministry of Agriculture and Forestry, not by the Turkish Patent and Trademark Office (TÜRKPATENT) — plant breeders’ rights are a separate, sui generis form of intellectual property, distinct from patents.
Protection Requirements
- Novelty: the variety must not have been commercially exploited beyond the statutory grace period (1 year in Turkey, 4 years abroad, 6 years for trees and vines)
- Distinctness: the variety must be clearly distinguishable from all other known varieties
- Uniformity: the relevant characteristics must be sufficiently uniform
- Stability: the characteristics must remain unchanged after repeated propagation
- Suitable denomination: the proposed variety name must comply with naming rules
Duration of Protection
Breeder’s rights are granted for 25 years from the date of registration, extended to 30 years for trees, vines and potatoes. Annual fees are required to maintain the right in force.
Registration Process
- Preliminary novelty and eligibility assessment
- Filing the application, including any UPOV priority claim (within 12 months of the first foreign filing)
- Formal and substantive examination by the Ministry
- Technical examination through DUS (Distinctness, Uniformity, Stability) growing trials
- Publication of the application in the Plant Variety Bulletin
- Three-month opposition period for third parties
- Registration and issuance of the breeder’s certificate
Who Can Apply
Turkish nationals, nationals of UPOV member states, foreign breeders resident in a reciprocity country, and their successors may apply for protection in Turkey. Applicants who are not resident in Turkey must appoint a Turkish representative through a notarized power of attorney — this is where our team supports international breeders from filing through registration and enforcement.
Our Services
- Novelty and registrability assessment prior to filing
- Preparation and filing of breeder’s rights applications, including UPOV priority claims
- Acting as local representative for foreign breeders before the Ministry of Agriculture and Forestry
- Monitoring the Plant Variety Bulletin and managing opposition proceedings
- Annual fee tracking and renewal management
- Licensing, assignment and enforcement of breeder’s rights
How long does the registration process take?
Depending on the species and the growing trials required for the DUS examination, registration typically takes several growing seasons to complete.
Can foreign breeders protect their varieties in Turkey?
Yes. Foreign breeders from UPOV member states, or from countries with reciprocal protection, may apply through a Turkish representative.
Submit your plant variety for a preliminary assessment
Please send us the botanical details, breeding history and any prior foreign filings of your variety.