Designs applied for internationally or at the country level are published in bulletins abroad. It is possible to monitor designs monthly in these publications. Through the cooperation with international organizations by ALKAN PATENT, it is possible to monitor the design of the rights holder abroad and prevent possible loss of rights.
There are basically three different application systems abroad:
*Community Design Registration System Community Design Registration is a protection system that covers the countries that are members of the European Union, and the competent office for application is the Office for Harmonization in the Internal Market (OHIM) located in Alicante, Spain.
The most important feature of the Community Design Registration is that it is a system that allows designs to be protected in 27 European Union countries with a single application. Multiple designs that are in the same class or part of the same set or collection can be included in one application. Registered designs are protected for a period of 5 (five) years from the date of application, and the registration protection can be extended for up to 25 (twenty-five) years in 5 (five) year periods.
Community design applications are examined in terms of formal requirements and are then published. If there is an objection to the application, it is also examined substantively. In case of an objection to the decision, OHIM can also appeal within its own structure. Infringement and invalidity lawsuits can be brought in Community Design Courts.
International Registration System under the Hague Agreement As of 01.01.2015, it has become possible to register designs internationally according to the Geneva Text of the Hague Agreement in our country, allowing design registration in the member country/countries (with the option to choose the countries from among the member countries) with a single application.
National Design Registration In other countries of the world that are not included in the above-mentioned registration systems, it is necessary to apply individually according to the regulations of each country to request registration.
Collective registration systems offer the opportunity to obtain registration valid in all 27 European countries with a single application to OHIM (Office for Harmonization in the Internal Market) or to obtain industrial design protection in the preferred country/countries with a single application to the International Bureau (WIPO). These systems are advantageous because the applications are less costly compared to individual applications and all procedures are carried out from a single center.
