A
registered design offers protection for the outward appearance of an article
and is not concerned with any underlying principle or idea. It may protect
either the shape of an article or the pattern applied to the article, provided
those features are original and appeal to and are judged by the eye.
The Industrial
Design protection started with Decree-Law No.554 Pertaining to the Protection
of Industrial Designs in force as from June 27, 1995 in Turkey.
Protection shall be granted to a design which is
new and has an individual character. Designs of products which are parts of
complex items shall be protected if and when the design of the part itself is
new and has individual character.
PRODUCTS WHOSE
DESIGNS ARE REGISTERED
Outer look of all products produced either industrially or
manually can be protected by design registration. For example; packaging of
products, graphics on the packages, graphics on fabric, models of
ready-to-wear clothing, furniture models, machine designs, vehicle designs and
spare parts of vehicles can be protected by design registration.
CONDITIONS FOR DESIGN REGISTRATION
In order that designs can be registered, they should
be NEW and DISTINGUISHABLE.
DESIGNS
THAT DO NOT FALL UNDER THE SCOPE OF PROTECTION
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Designs that are not new and
distinguishable.
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Designs that contravene public order and
morality
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Designs that do not give the designer
freedom of choices concerning design characteristics and factors while
realizing the Technical
Function.
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Designs only produced in predetermined
forms and dimensions for the
purpose of mounting or attaching the
designed product or the one,
which the design is applied to, to another
product or to another product
mechanically are excluded from the scope
of protection.
REGISTRATION PROCEDURE
In registration of industrial designs, a “non-examination
system” has been adopted. Whether the designs are NEW, whether they are the
duplicate of a design that already exists, whether they are known to public or
whether they can be distinguished from an already existing design are not
scrutinized directly by the Turkish Patent Institute.
After an application is filed, a
procedural examination is carried out by the Turkish Patent Institute. In case
that there are no procedural deficiencies in the petition, drawings,
prescriptions and other documents, the design is decided to be published in
the monthly OFFICIAL INDUSTRIAL DESIGNS BULLETIN of the Turkish Patent
Institute. (On the average 2 months after the date of application)
Published designs are announced for
6 months. If no objections are raised against the published designs within the
6 months’ period, then the design registration becomes definite and the design
registration certificate is forwarded to the applicant.
Within the 6
months’ period, real and legal persons and relevant professional organizations
may file an objection with the Turkish Patent Institute against the published
designs, accompanied by a clear statement of reasons and evidence.
Such an
objection and the relevant evidence are forwarded to the applicant or her/his
deputy so that they can deliver their opinions on the issue. The applicant or
her/his deputy, has to inform the Turkish Patent Institute about their
opinions as regards the objection within 1 month from the date the objection
is forwarded to them.
The objection
and the opposing opinions are assessed by the REVIEW AND ASSESSMENT BOARD of
the Turkish Patent Institute. Taking into account the evidence and opposing
opinions that accompany the objection, the Review and Assessment Board, can
decide either RESUMPTION OF THE REGISTRATION or ANNULMENT OF THE REGISTRATION.
SINGLE APPLICATION – MULTIPLE APPLICATION
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Designs can be
subject to single, and if appropriate, multiple applications.
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In order that
designs can be subject to multiple application, they should be;
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In the same
sub-category or (For example, tens of fabric designs can be registered
together since they fall under the same sub-category.)
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In
the same set/kit or (For example; a bedroom suite of furniture)
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Parts of a
combined product or (For example; individual parts of an
automobile)
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A combination
of an object or presentation that is discerned in its
entirety. (such as educative toys that can disassembled and
assembled)
DOCUMENTS REQUIRED FOR REGISTRATION
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Information about the firm or person applying for design registration
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Information
about the designer (The designer is the person who has realized the design.
For designs realized through team work, name and
address of each designer should be stated.)
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DESIGN REQUEST STATEMENT, which covers how the right to a design request has
been obtained
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15 photos or
drawings of 8x8 cm. that cover all significant characteristics of the
designs to be registered, (If the designs are three
dimensional, front, top and side views of designs should be submitted
additionally)
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A description
that contains only the visual aspects of the designs to be registered (Do
not mention dimensions, production technique, technical and functional
aspects of the product and its intended use in
the description)
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Power of Atttorney
VALIDITY
Period of protection for registered designs are 5
years from the date of application. This period can be extended for further
five years’ periods up to 25 years.
