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In Turkey, industrial designs are very effective tools of aesthetic creations in regard to ease of protection and enforcement of the rights. We strongly recommend our clients to take benefit of this system, which was introduced to Turkish industrial property in 1995.
For registerability criteria world wide novelty and individual character (distinctiveness) concepts are also required. A design shall be considered new if before the date of reference no identical design has been made available to the public in the world. Designs differing only in immaterial details shall be deemed to be identical.
The protection period for a registered design is 25 years upon four renewals with 5 years intervals. Multiple applications with the same class can be included in one application. Priority term is 6 months from the priority date.
- No novelty examination is carried on the industrial Designs applications but directly published. The time for registering a design application is approximately 10-12 months unless an apposition is filed there against.
- According to Turkish Design System, the following issues comprehensively laid down;
- Registered design system,
- Non-examination system as to substance,
- Publication of designs,
- Term of protection is 5 years and can be extended up to 25 years by a four-time renewal,
- Deferment of publication,
- Multiple application and
- Opposition by third parties.
The Turkish Patent Institute began accepting international applications on behalf of WIPO under the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs asof January 1, 2005.
Legislation
Decree-Law 554 on the protection of industrial designs, which entered into force on June 27 1995, is the main legislation for the protection of new and distinctive designs and aesthetic creations.. Turkey is a party of
- Paris Convention on the protection of industrial property (1925)
- Locarno Agreement establishing an international classification for industrial designs (30.11.1998)
- Hague Agreement for the international registration of industrial designs (Geneva text) (01.01.2005)
Application Stages
The period from filing to registration takes 10-12 months for a straight forward application. No novelty examination is carried on the Industrial Designs applications but only for the formalities. In case of any inconvenience with the application, The Institute will issue an official notice, which generally requires extensive responses thereagainst. All design applications will be published for 6 months in Turkish Design Bulletin so that third parties concerned may oppose the registration of the design. Providing no opposition is filed within the publication period, a design registration certificate will be issued.
Oppositions
Any interested party may oppose a design application during the six months period of its publication. Decision of the Appeal board is final and may only be appealed before the Turkish IP court in Ankara.
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Cost of a design application:
basically depends on the number of designs to be included in one file (multiple applications) in the same class and charging policy of the design attorney as well as any opposition from third parties during publication.
Please contact us to receive a cost estimate within 24 hours at most. In Destek Patent, almost all trademark work is performed on a flat fee basis. Subsequent to filing an application, there will be no further cost to you until a crucial stage is to be taken with the Turkish Patent Institute, for example, an office action response, an opposition received or registration fee request. |
Renewals
The protection period for a registered industrial design is 5 years and should be renewed every 5 years for 4 times for the extension of protection upto 25 years. The renewal period of a registered design begins 6 months before the end of the protection. Designs can be renewed with late payment for up to 6 months after the end of protection.
Use Requirement
Unlike patents and trademarks, there is not any requirement to work/use of industrial designs in Turkey.
Status Changes (Assignment, Merger, Name/Address Changes)
Assignments and mergers should be recorded in the Institute in order to have an effect vis-à-vis third parties. Besides, it is important for foreign right owners to note that the Courts will issue a notice of invitation directly to the registered address, i.e. in case a trademark cancellation lawsuit basing on non-use is filed thereagainst.
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