'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. 'Product' means any industrial or handicraft item, parts of a complex system, sets, compositions of items, packaging, get-ups, graphic symbols and typographic typefaces, excluding the computer programmes and semi-conductor products. Natural and legal persons who are not domiciled or who have no industrial or commercial establishments within the territory of the Republic of Turkey can only be represented by patent and tademark agents. Where an agent has been appointed, all procedures are executed through the agent. 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.
An application for registration of a design must be filed with the following: a) A petition, the form and contents of which as specified in the Implementing Regulation, including information identifying the applicant, b) A drawing, painting, graphic, photographic or similar representation of the design suitable for reproduction and reflecting all of its specific features. The application shall contain a written description of the design and the list of the products in which the design is intended to be incorporated or to which it is intended to be applied. In order to be a valid filing, an application fee must be paid and the receipt of payment annexed to the application.
Application of several designs may be combined in one application. However, this possibility is subject to the condition, except in cases of ornamentation, that the products in which the designs are intended to be incorporated or to which they are intended to be applied all belong to the same sub-class or to the same set or composition of items. The multiple application is subject to payment of an additional application fee to be specified in the Implementing Regulation, besides the fees referred in Article 26.
The term of protection of the registered design is five tears 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.
Tasarım ihtilafları sıkça sulh/uzlaşma yoluyla da çözülebilmektedir. Gravis, alternatif çözüm yollarının bulunması ve uygulanması için sizin adınıza müzakereleri yürütmektedir.
The Turkish Patent Institute does not examine the applications of the industrial design in view of “novelty” and “individual character". The registration process of the industrial designs in our country is formed up four main processes which can be summarised as formal examination, registration into the industrial design records and publication, oppositions and certification. Formal examination: It is the initiative examination of the application carried out in accordance with the provisions in Article 3 of the relevant Decree in the Force of Law together with the examination to be executed under the terms stipulated in the Regulation. The initiative examination is the examination of the applications in accordance with the definitions of the products and designs under this particular clause and rejection of the applications which do not comply with such definitions. The formal examination is the examination to verify whether the required documents are submitted in the course of application or not and if submitted whether they are comply with the clearly made statements in the articles of the pertinent Regulation or not. Any application for design registration is not examined according to the criteria such as “novelty” and “individual character”. Therefore, in international level, except for several countries, the registration of an industrial design is referred to as a system with no examination (in terms of “novelty” and “individual character”) based on opposition as generally accepted. According the laws currently in force the criteria of “novelty” and “individual character stipulated as protection conditions should be recognised world-wide and since the materials used anonymously and in a recognisable manner comprise substantially subjectivism and difficulties in the determination of criteria to make such a distinction, it is considered that the actual case will be that the initiative examination will focus on the persons to be examined which is to lead to a confusion and therefore the system without opposition is adopted for the registration of the industrial designs. The applications that are complete as a consequence of the above examination, shall be registered into the design records and published in the Official Industrial Design Bulletin.
The legal opposition period against a registration certificate issued for an industrial design is 6 months.
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