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 2025

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

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

Kelly Thompson, chair of South African firm Adams & Adams, discusses self-belief, self-doubt, and the importance of saying yes
The renowned food brands were represented by a host of lawyers, including members of the firms’ IP teams
Partners at Bird & Bird and Taylor Wessing discuss how Saudi Arabia offers unique opportunities for firms dealing in IP and tech
Attorneys explain why there are early signs that the US Supreme Court could rule in favour of ISP Cox in a copyright dispute
A swathe of UPC-related hires suggests firms are taking the forum seriously, as questions over the transitional stage begin
A win for Nintendo in China and King & Spalding hiring a prominent patent litigator were also among the top talking points
Rebecca Newman at Addleshaw Goddard, who live-reported on the seminal dispute, unpicks the trials and tribulations of the case and considers its impact
Attorneys predict how Lululemon’s trade dress and design patent suit against Costco could play out
Lawyers at Linklaters analyse some of the key UPC trends so far, and look ahead to life beyond the transition period
David Rodrigues, who previously worked at an IP boutique, said he may become more involved in transactional work at his new firm
Gift this article