It is the name given to the appearance of the whole or part of a product formed by elements and features that can be perceived with human senses, such as lines, shapes, patterns, textures, presentation patterns, logos, concepts.
The only authorized institution for registration procedures in Turkey is the Turkish Patent and Trademark Authority.
In order for a design to be protected by a document, it must have the characteristics of novelty and distinctiveness.
Distinctiveness is used in the sense that there are noticeable differences when the relevant product is juxtaposed with other products with similar properties.
When connected to a system with designs that are contrary to public order and general morality, which do not have novelty and distinctiveness features, in the realization of a technical function, the designer has to do according to technical necessity, parts that are not visible to the eye during use are not given a design certificate to the designs.
The right to design is protected as of the moment the application is submitted to the Turkish Patent and Trademark Authority.
Design applications are protected for a period of 25 years, provided that they are renewed every 5 years from the date of application.
The design application to be renewed can be renewed 6 months before the date of submitting the application, the renewal can be made with a 6-month penalty renewal process as of the month and day on which the application is submitted
In design applications, the applicant may benefit from the rights arising from the design. 74 Of the 6769 SMK related to the fact that employees are designers. In the article “The employee has the right to request a price that will be determined by taking into account the importance of the design made within the scope of the second paragraph of Article 73. If the parties cannot agree on this price, the price in question will be determined by the court.”
A design that has been applied for in Turkey and has been registered is not valid all over the world. If it is desired to be valid all over the world, a design application can be made in those countries by contacting the patent offices of the relevant country for the application.
As of the date of submission of the application, the design application right is taken under protection. With the publication of the design in the Design Bulletin, the right ownership passes to the applicant.
Decoupling quality; When two products are brought side by side, the awareness of the consumer's attention and the possibility of consumer mixing between the designs are evaluated as the general impression left on the consumer as a result of expert examination.
Rumors such as “7 different changes or 10 different points should be the same or similar” passing between the two designs are not true among the public. The important thing here is whether the product should be mixed in front of the consumer.
The design registration certificate provides the owner with the authority to file all kinds of civil and criminal lawsuits. Opportunities such as confiscation of counterfeit products or vehicles producing the product, granting ownership of confiscated vehicles to the right holder, compensation for material damages suffered by the right holder, disclosure of court decisions through the press have been given to the design right holder.
TÜRKPATENT conducts research according to the lo Decarno class or product name and the applicant name among the designs registered in the Turkish Patent and Trademark Office design registry, taking into account the technical name of the product to be investigated.
During the research, the Turkish Patent and Trademark Authority will be able to produce not only the designs registered in the register, but also on the applicant's web page or this product 3. confirmation of whether the product is new is made by conducting research on people's web pages.
In case of imitation of the registered design, there are prison sentences from 2 to 4 years and fines over 30,000₺. In addition, material and moral damages incurred by filing civil and criminal lawsuits for counterfeit products are compensated.
The designs applied to the Turkish Patent and Trademark Office are published in the design bulletins published twice a month and announced at the Turkish Patent and Trademark Office.
The design applications made by our customers are checked in the design bulletin twice a month and compared in terms of similarity, which is an effort to prevent registration.
If there is no objection to the designs published in the newsletter, the Turkish Patent and Trademark Authority registers these designs and issues a registration certificate.
Since the designs for which the registration decision has been made can only be canceled through litigation, objection procedures are carried out in accordance with the request we received from our attorneys about whether they will be appealed or not.
Designs can be registered as single designs. Multiple design processes can also be performed at the same time. It ensures that fewer payments are made to the applicant.
It is a description explaining the protection feature of the product of the design.
Inheritance through inheritance,
Granting a license,
Transfer,
Mortgage
Change of title and type
Change of address
Merger division and obligation to inject in-kind capital
Design registration ends with non-renewal, expiration of protection period, or withdrawal by the applicant.
