“You create, we protect”
Visual appearance of products and aesthetic creations are important assets that need to be protected with tailor made strategies. Designs which are new and having an individual character deserve protection under the law.
Design means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colors, shape, texture and/or materials of the product itself and/or its ornamentation. However, a design application only protects the visual features of a product but not the functional or technical features of it.
Design Applications in Turkey
Protection of an industrial design in Turkey, is mainly granted by the registration before Turkish Patent & Trademark Office. To enjoy this protection, Turkish legislation requires that the design to be registered is worldwide new and has an individual character.
Designs only differing on immaterial details are deemed to be identical.
Minimum requirements provided by the Industrial Property Law No: 6769 for the design applications are outlined below;
- An application form containing identity of the applicant(s) and communication information thereof
- Visual representation of the design
- Identity of the designer(s) and communication information thereof
- Name of the product involving the design
- Payment of official fees.
Design applications are treated with a formal examination and then substantive examination which involves examining whether the design is new. If the application meets the requirements of the law, it is directly published in the official bulletin of the Turkish PTO.
Multiple Design Applications
In order to file a multiple design application in Turkey, the designs should be in the same Locarno sub-class. Multiple design application is not possible for patterns and ornaments. For each design, separate filing fees are paid along with the fees of figures.
Disclosures made available to the public with the consent of the designer or his successors in title or by third parties in abuse of their relation with the designer or his successors in title, within 12 months preceding the date of filing of the industrial design in Turkey or the date of priority claimed, if any, shall not be taken into consideration of the novelty and the distinctive character of the industrial design.
Deferment of Publication
Under the national law, it is possible to request deferment of publication of an industrial design for a period not exceeding 30 months from the date of priority/filing of the application.
Post-grant oppositions are available under Art. 67(2) – IP Law No: 6769 within 3 months after publication of the granted design in the official bulletin.
Term of Protection
The term of protection of a registered design is five years starting from filing date of the application and it is renewable for periods of five years up to a total term of 25 years. The protection term for un-registered designs is 3 years starting from first disclosure date of the design to the public.
Renewal of the design need to be accomplished within 6-months before expiry of the protection term which can be extended with a further term of 6-months by paying a surcharge. Further remedies are not available under the law.
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