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DESIGNS
A registered design is a monopoly right for the appearance of the
whole or a part of a product resulting from the features of, in
particular, the: lines, contours, colors, shape, texture, materials
of the product or its ornamentation.
Protection shall be granted to a design, which is;
- New, which means that it must not be the same as any design
which has already been made available to the public,
and which;
- Has an individual character, which means that the overall
impression it produces on an informed user of the design, must
differ from the overall impression produced on such a user by any
design, which has already been made available to the public. In
assessing individual character, we take into account the degree of
freedom of the designer in creating the design.
Designs cannot be registered if they are;
- Designs resulting from a technical function, which does not
leave to 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 to 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 contrary to public order and general morality
principles are not being protected.
Who can file a turkish design
application?
The Protection conferred by Turkish Patent Legislation is available
to natural and legal persons who are domiciled or who have
industrial or commercial establishments within the territory of the
Republic of Turkey, or to the persons entitled to file applications
under the provisions of the Paris Convention and Agreement
Establishing World Trade Organization. Reciprocity principle can
also apply.
Term of protection of the registered design
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.
Renewal
The request for renewal shall be submitted within a period of six
months before the last day of the month in which protection ends. In
failing this deadline, the request may be submitted within a further
period of six months from the day referred to in the previous
sentence upon payment of an additional fee.
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