Priority Rights in Industrial Property Law and Their Application in Türkiye
1. Introduction
Industrial property rights—such as trademarks, patents, industrial designs, and utility models—are territorial in nature. Protection granted in one jurisdiction does not automatically extend to another, which means that applicants must file separate applications in every country where they wish to obtain legal protection. Although regional and international systems, including the European Union Trade Mark (EUTM) and the Madrid Protocol, facilitate multi-country filings, these mechanisms do not completely eliminate procedural complexity, cost, or timing concerns.
For applicants planning foreign filings, a significant risk emerges: while preparing applications for new markets, competitors or opportunistic third parties may file identical or similar rights in those markets before the applicant does. To prevent such disruptions, international law—most notably through the Paris Convention—provides the priority right, a mechanism allowing the applicant to rely on the date of the first filing in subsequent national or regional applications. This tool is central to ensuring continuity and legal certainty in the global protection of industrial property rights.
This article examines the nature and function of the priority right, explains the distinction between filing and exhibition priority, and analyzes how priority rights operate within the legal framework of Türkiye.
2. The Concept of Priority Right
2.1. Definition
The priority right grants an applicant the ability to use the filing date of a first application in one member state as the effective filing date for applications filed in other member states. Provided that the later applications are filed within prescribed time limits—twelve months for patents and six months for trademarks and designs—they are treated legally as if filed on the same date as the original application. This prevents third parties from gaining precedence by filing during the interim period.
2.2. Legal Foundation
The legal basis for priority rights is primarily found in Article 4 of the Paris Convention for the Protection of Industrial Property, which Türkiye has incorporated through its Industrial Property Code (Sınai Mülkiyet Kanunu – SMK). In addition to filing priority, Türkiye also recognizes exhibition priority, another mechanism contemplated by the Paris Convention to protect disclosures made at officially recognized international exhibitions.
3. Importance and Practical Function of Priority Rights
Priority rights are an essential element of international industrial property strategy. Their practical importance can be summarized in several key functions.
3.1. Facilitating International Protection
By preserving the initial filing date across multiple jurisdictions, the priority right ensures that applicants do not lose their position to competitors during the period needed to prepare and coordinate foreign applications.
3.2. Providing Additional Time
Applicants have time to assess the commercial viability of entering new markets, to organize financing, and to understand local regulatory conditions—without the risk of forfeiting their precedence.
3.3. Preserving Novelty
In patents and industrial designs, novelty is critical. Priority rights ensure that disclosures occurring after the initial filing—whether intentional or through commercial activities—do not destroy the novelty of the invention or design.
3.4. Cost-Efficiency
Since international filings can be expensive, the priority period allows applicants to selectively determine which jurisdictions merit protection, preventing unnecessary or premature filings.
3.5. Strategic Global Planning
Companies seeking to establish a strong position in international markets can coordinate their intellectual property portfolios in a structured and secure manner.
4. Types of Priority Rights: Filing Priority and Exhibition Priority
4.1. Filing Priority
Filing priority arises from the date of the first application made in a Paris Convention or WTO member state. When subsequent applications are filed within the relevant priority period, they receive the benefit of this earlier date. This mechanism is widely used in patents, trademarks, and designs as part of coordinated global protection strategies.
4.2. Exhibition Priority
Exhibition priority protects disclosures made at official or officially recognized international exhibitions. When a product, design, or trademark is first presented to the public at such an event, the exhibitor may rely on the exhibition date as a priority date, provided that an application is filed within six months. This prevents loss of rights caused by public disclosure in an exhibition setting.
4.3. Comparative Overview
Although both systems aim to safeguard the applicant’s precedence, filing priority and exhibition priority differ fundamentally in purpose, scope, and triggering conditions. Filing priority is designed to unify and coordinate applications across multiple countries by treating all subsequent filings as if they were made on the same date as the initial application. Exhibition priority, on the other hand, serves a more specific purpose: it protects applicants from the potential negative consequences of publicly displaying their inventions, designs, or trademarks at exhibitions, which might otherwise jeopardize novelty or open the door to competing filings. Filing priority thus offers a broad, globally oriented mechanism applicable to virtually all types of industrial property applications, while exhibition priority operates in a narrower context linked to the conditions of display at recognized exhibitions. Together, these two mechanisms complement each other by addressing different risks that arise during the commercialization and international dissemination of innovative or branded products.
5. Priority Rights in Trademark Law and Their Operation in Türkiye
5.1. International Framework
In trademarks, the six-month priority period established by the Paris Convention enables applicants to secure consistent protection across jurisdictions. Any applications filed by third parties after the priority date cannot undermine the right holder’s claim, even if they were filed earlier in the national timeline.
5.2. Implementation in Türkiye
Türkiye fully recognizes the priority system under the SMK. Applicants must indicate any priority claim at the time of filing with the Turkish Patent and Trademark Office (Türk Patent). Required documentation, such as a certified copy of the first application and, where appropriate, a sworn Turkish translation, must be submitted within three months. Exhibition priority claims must be supported by official certificates demonstrating the dates and circumstances of the display.
5.3. Effects of a Valid Priority Claim
Once the priority claim is accepted:
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The Turkish application is treated as if it were filed on the priority date.
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Any identical or confusingly similar applications filed after that priority date are rejected.
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The priority date is considered during examination, opposition, invalidation, and enforcement proceedings.
The priority right therefore strengthens the applicant’s position and prevents opportunistic filings by third parties.
6. Practical Importance for Businesses Entering the Turkish Market
6.1. Preventing Loss of Rights
Without a priority claim, even a short delay in filing could allow another party to register a conflicting right in Türkiye. Priority rights mitigate this risk.
6.2. Structured Market Entry
The priority period gives businesses time to evaluate whether Türkiye’s market aligns with their commercial goals and to adjust their strategies accordingly.
6.3. Financial and Strategic Efficiency
Applicants can manage costs more effectively by determining which rights should be extended to Türkiye, avoiding premature or unnecessary expenses.
7. Conclusion
The priority right is a cornerstone of the international protection system for industrial property. Whether grounded in a first filing or an exhibition display, priority enables applicants to broaden their protection into new jurisdictions—such as Türkiye—without sacrificing the advantages of their earliest filing date. By ensuring legal certainty, strategic flexibility, and continuity of rights, the priority system plays an indispensable role in the global management of trademarks, patents, and designs. For any business planning to expand abroad, making effective use of the priority right is not merely beneficial but essential.