Industrial Property & Intellectual Rights

Industrial Design

Design means the entirety of the various features such as lines, colour, texture, shape, sound, elasticity, material or other characteristics perceived by the human senses of the appearance of the whole or part of a product or its ornamentation.

Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from housewares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods.

To be protected under the Turkish Decree Law No: 554, an industrial design must be new and/or original. Novelty or originality is determined with respect to the existing design corpus. An industrial design is primarily of an aesthetic nature, and does not protect any technical features of the article to which it is applied.

The protection of rights greatly effects the success of the company in the market. As PARAGON, we are aware of the importance of the presence of a company in their own market. We guide our clients to the most suitable and practical protection available for their designs. We provide representation for design applications in the international area for the clients as well as consultation, preparation, drafting and filing for the national procedures of registration of industrial design rights. Paragon, with the expert staff, has the quick response ability to provide clients with extensive solutions in the periods of both pre and after registration including advises on pursuing your rights on registered or unregistered rights as well as freedom to use your designs.

INDUSTRIAL DESIGN PROCEDURE IN TURKEY

The industrial design procedure in Turkey is conducted without examination. After filing application, TPI only conducts formal examination. If all the formal requirements are fulfilled, the design is registered and published in the Official Industrial Design Bulletin for 6 months period for third party’s oppositions.

Characteristics of design:
  • The design shall be original and different from any design existing open to public until that time.
  • The design shall have individual character by means of being original depending on the level of freedom of the designer by means of creativeness. The impact of the freedom level of designer on the related users must be different from the impacts of the previous ones’.
  • Designs resulting from a technical function which does not allow the designer any freedom in the design characteristics and elements fall outside the scope of protection.Designs that must necessarily be produced in its exact form and dimensions in order to enable the product in which the design is incorporated or to which it is applied to be mechanically assembled or connected with other products fall outside the scope of protection.Designs have to be in accordance with the public policy rules.

MEMBERSHIP OF INTERNATIONAL AGREEMENTS

TREATY SIGNATURE INSTRUMENT ENTRY INTO FORCE
Paris Convention   Accession: August 6, 1925 October 10, 1925
The Hague Act (1999)   Accession: January 1, 2005 January 1, 2005
Locarno Agreement   Accession: August 31, 1998 November 30, 1998

THE LEGAL FRAMEWORK

NAME ENTRY INTO FORCE
Decree-Law No: 554 Pertaining to the Protection of Design Rights June 27, 1995
Law No: 4128 November 7, 1995
Law No: 5194 June 25, 2004

Decision of Constitutional Court regarding the penalties

2009

The Turkish Decree Law numbered 554 has come into force in Turkey in June 27, 1995 related to the industrial design protection. The application process including registration and the protection following it shall be in compliance with the said Decree Law.

If an industrial design is not registered in Turkey, it can still be protected according to the general rules pertaining to unfair competition of Turkish Commercial Code as the Decree Law addresses.

PERSONS ENTITLED TO PROTECTION

Design Legislation exists in Turkey for the protection of the rights of real persons and legal entities established or having commercial establishments in Republic of Turkey or the ones that Paris Convention and Agreement Establishing World Trade Organization grants authorization to make application.

PROTECTION TERM

The term of protection of the registered design is five years from the date of filing of the application. The term of protection is renewable for periods of five years each up to a total term of 25 years. Once a design is registered, it is protected for 5 years starting with making the application. After lapse of 5 years, it is possible to renew it for another 5 years up to 25 years.

THE PROCEDURE FOR RENEWAL

The application of renewal should be made within six months by the expiration of the protection. In the event of missing this deadline, the application can be made in the next 6 months with a payment of additional fee.

THE CONDITIONS OF NOVELTY

A design shall be considered new if before the date of reference no identical design has been made available to the public in the world. Designs differing only in immaterial details shall be deemed to be identical. To make available to the public shall cover of all actions of sale, use, publication, publicity, exhibiting, or such similar activities.

THE CONDITIONS OF INDIVIDUAL CHARACTER

In order to compare any other designs for the purposes of determining the individual character of a design;

  1. It should have been made public in Turkey or in the world before the application date.
  2. It should have been published by the Institute as a registered design, and that the protection period has not expired at the application date of the design with which it shall be compared.

In the assessment of the individual character, the emphasis of evaluation shall be on the common features of the designs and the degree of freedom of the designer in developing the design shall also be taken into consideration.

THE PROCEDURE FOR DETERMINING NOVELTY AND DISTINCTIVE CHARACTER FOR PROTECTION OF AN INDUSTRIAL DESIGN

Before the registration of the industrial design, there is no examination in relation with the novelty and distinctive character. After filing application, TPI only conducts formal examination.

APPLICATION FOR MULTIPLE INDUSTRIAL DESIGNS IN TURKEY

Application of several designs may be combined in one application. However the products in which the designs are intended to be incorporated or to which they are intended to be applied are all required to belong to the same sub-class or to the same set or composition of items. Also this is required to be mentioned in the petition.

THE DATE TO ISSUE CERTIFICATE OF AN INDUSTRIAL DESIGN IN TURKEY

If all the formal requirements are fulfilled, the design is registered and published in the Official Industrial Design Bulletin for 6 months period for third party’s oppositions. The Certificate of Industrial Design issues after the deadline for oppositions.

In the event of an opposition, the Certificate of Design shall issue about the registration to be cancelled either partially or totally due to the decision of Re-Examination and Re-Evaluation of the Turkish Patent Institute related to the opposition.

THE DEFERMENT OF PUBLICATION OF AN INDUSTRIAL DESIGN REGISTRATION IN THE OFFICIAL INDUSTRIAL DESIGN BULLETIN IN TURKEY

Deferment of publication is stated in the Turkish Decree Law No: 554 that the applicant can request the deferment of publication up to 30 months from the date of application. The request for the deferment of publication is submitted with the application. Documents of the application shall be closed to the public inspection.

FILING REQUIREMENTS

  1. Representation of the subject matter of the design in form of drawings, photographs, picture, graphic (Min. 8x8 cm size, Max. 16x16 cm, 300 dpi). It should show all special characteristic of the industrial design and must be convenient to publish. Placing more than one figure in the same visual representation is not accepted.
  2. Description of the subject matter of the design;
  3. Name, complete address and nationality of the applicant(s);
  4. Complete name(s), address(es) and nationality of the designer(s);
  5. Mode of the contract by which the design has been assigned to the applicant(s);
  6. First marketing date of the design;
  7. In case of priority claim:
    • Priority date, country and serial no.
    • Certified copy (copies) of the priority application(s) (term: within 3 months after the filing date;
  8. The original receipt documenting the payment of the application fees
  9. Power of attorney is to be filed (notarization and/or legalization are not being required except the withdrawal of the industrial design application or the cancellation of an industrial design registration).

According to the Turkish Decree Law No. 554, the documents which have not been filed together with the trademark application (except priority documents) have to be filed within 2 months from the notification of the official action.

CLAIMING AND VERIFICATION OF THE PRIORITY

It is possible to request the priority right on a trademark in course of the design application in Turkey. However, if the priority right certificate of the trademark is not submitted within 3 months from the date of the application, it is not possible to use the advantage of the priority right. Moreover, according to the Turkish Decree Law No. 554, natural or legal persons who have displayed the design is applied, at national or international exhibitions in Turkey or at official or officially recognized national or international exhibitions in the states party to the Paris Convention, may claim a right of priority for registration of the trademark in Turkey if the application for priority is filed within a period of six months from the date of the first display of the products.

OPPOSITION

It is stated in the Decree Law No: 554 that “Natural or legal persons or related professional organizations may submit to the Institute in compliance with the procedures prescribed in Implementing Regulation a declaration of invalidity of a Registered Design after its publication. The application for a declaration of invalidity explaining clearly the objections must be filed in a written statement within six months after publication”

LITIGATION

In the event of not filing an opposition within the 6 months from the publication date in the Official Industrial Design Bulletin, cancellation of the industrial design due to the absence of “novelty” and “distinctive character” can be possible only by way of court decision.