Turkey: Plain packaging: an overview

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Turkey: Plain packaging: an overview

Plain packaging has become a hot topic in Turkey as controlling the consumption of tobacco has been one of the top priorities of the Turkish government. The government has adopted the 2015-2018 National Programme and Action Plan for Tobacco Control, which stipulates the implementation of necessary provisions related to plain packaging into the relevant legislation.

The Ministry of Health added a provision in relation to standardised packaging to the draft omnibus bill in 2016. However, the Ministry later announced the removal of the provision based on the reason that it has been adopted by Australia only, the efficiency of this measure is debatable and there is a possibility of facing lawsuits by tobacco companies based on the international trade laws as reported by the Turkish media. Although there is no legislation introduced by the government so far, considering the new announcements made by the Minister of Health, plain packaging is expected to be adopted, in the light of the decisions of some countries which adopted laws with such provisions and studies proving the efficiency of the measure.

Beside the uncertainty about whether plain packaging will be adopted, several arguments have been raised on how it will affect the trade mark law. Proponents of plain packaging could argue that the removal of colourful elements from tobacco packs due to standardised packaging is compatible with Article 5/1 (f) of the Turkish Industrial Property Code, which stipulates that signs that are capable of misleading the public about the nature, quality and geographical origin of the goods and services cannot be registered, since those colourful signs – especially the ones in light colours – can be deceptive and create an impression that a particular tobacco is less hazardous than others.

On the other hand, it could be also argued that plain packaging jeopardises the function of trade marks of indicating the origin of goods and prevents the customers from making choices by distinguishing the goods of one company from the goods of other companies, which is the fundamental function of a trade mark. It might be also asserted that standardising the appearance of the tobacco packs and limiting the use of trade marks only to standard texts risks brand image. In addition to these, although it is stated that trade marks can still be registered despite the plain packaging implementations, opponents could argue that standardised packaging annihilates the right of the owners to enjoy and use their trade marks in the form they are registered. Considering the Turkish government's determination to prevent prevalence of tobacco consumption, it is likely that Turkey will soon introduce plain packaging as a tool to control tobacco use. However, the effect of this measure to the trade mark law seems to continue to be a hot topic for discussion in Turkey in the coming years.

Uğur Aktekin

Mutlu Yıldırım Köse

Gün + Partners

Kore Şehitleri Cad. 17

Zincirlikuyu 34394

İstanbul, Turkey

Tel: + (90) (212) 354 00 00

Fax: + (90) (212) 274 20 95

gun@gun.av.tr

gun.av.tr

more from across site and SHARED ros bottom lb

More from across our site

The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
The firm launched a San Diego office earlier this month, but California investment and expansion is far from complete
The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
The firm is looking beyond replacing recently departed talent, betting instead on senior leaders to strengthen and expand its patent litigation platform
Olga Partington, director in Sterne Kessler’s biotechnology and chemical practice group, shares why a patent's vulnerability peaks when it is young, rather than when it is most valuable, under the PTAB's new framework
IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Ana Castedo, who brings a strong focus on patent litigation, will help build the firm’s IP litigation offering in Madrid
Gift this article