What are the General Conditions for Industrial Design Protection in Turkey?

Protection shall be granted to a design that is ‘new’ and ‘has an individual character’.

According to article 6 of 554 numbered Decree Law Pertainig to the Protection of Industrial Designs, an industrial design will be regarded as new: “if, before the reference date, no identical design has been made available to the public in the world.”

A design shall be regarded as having individual character if the overall impression that it conveys to the informed user is significantly different from the overall impression conveyed to the same user by any design -that is to say the designs that have been made available to the public in Turkey or elsewhere in the world before the application date or the designs that have been published by the Turkish Patent Institute as a registered design, and its term of protection shall not have expired on the application date of the design with which it is to be compared.

Is it Possible to File for Multiple Design Applications?

One and the same application may relate to two or more designs. However, this possibility shall be subject to the condition, except in the case of ornamentation, that the products in which the designs are to be incorporated or to which they are to be applied all belong to the same subclass or to the same set or composition of items.

Such a multiple application shall be subject to payment of an additional application fee.

Can I file a request for invalidation of a possible design registration?

Any natural or legal persons or related third parties may file a request for invalidation of a possible design registration with the Turkish Patent Institute after the publication thereof.

The request for a declaration of invalidity, which shall clearly explain the objections, shall be filed in the form of a written statement within six months following publication and the fee for the concerned opposition must be paid before it can be considered.

The Institute may request the provision of additional documents, evidence and justifications within a period set by itself.

Does the opposing party has the chance to appeal Turkish Patent Institute’s Decision?

Unlike opposition process in trademarks, the opposing party only has the chance to appeal this decision before competent court. That is to say, after opposition and examination by Turkish Patent Institute - Industrial Department’s Reexamination and Evaluation Board, if the decision is not on the opposed party’s favor, the opposed party has the chance to bring this case before the competent court.

Is it Possible to Invalidate an Industrial Design after It’s Registration:

Although it is not clearly stated in 554 numbered Decree Law Pertaining to the Protection of Industrial Designs, as it could be realised from the Supreme Court of Appeal’s precedents, ‘the presumption of validity’ stated in article 85 of Council Regulation on Community Designs prevails so far as industrial design infringements are concerned in Turkey.

In this respect, in porceedings in respect of an infringement action or an action for threatened infringement of a registered design, the court shall treat the design as valid until it is invalidated.

Validity may be challenged by filing a law-suit against the registered design on account of an earlier registered or unregistered design or claiming that the concerned design do not bear the stamp of the individual character or novelty. 

Are There Any Situation Outside the Scope of Industrial Design Protection?

According to 554 numbered Decree Law Pertaining to the Protection of Industrial Designs, the below mentioned situations are outside the scope of Industrial Design Protection:

- Designs contrary to public policy and general principles of morality,
- Designs determined by a technical function that does not allow the designer any freedom in the design of characteristics and elements,
- Designs that must necessarily be reproduced in its exact form and dimensions in order to permit the product in which the design is incorporated or to which it is applied to be mechanically assembled or connected to other products shall be outside the scope of protection.

Is There Any Right of Priority for Industrial Designs?

Natural or legal persons or their legal successors in title who are nationals of any State party to the Paris Convention or, if not nationals, who are domiciled or have an active business in such a State, shall enjoy a right of priority of six months from the date of the filing of a valid application with the authorized bodies of the State concerned for the filing of an application to obtain a registration certificate in Turkey for the same design.

Priority rights not exercised within the six months specified in the preceding paragraph shall be considered void.

What is the term of Protection for Industrial Designs?

The term of protection of the registered design shall be five years from the filing date of the application.

The term of protection shall be renewable for successive periods of five years up to a total term of 25 years.

Should the Designer Immediately File for Industrial Design Registration Once the Concerned Design Has Been Created or Is There Any Grace Period Granted to the Designers in respect of Application?

Although it is recommended to file for registration prior to involve in production facilities, a 12 month period is granted to the designers.