Design

Design registration is an industrial property right that protects the external appearance of the products.

Design: Design is the appearance of all or a part of a product, consisting of various elements or features that can be perceived by the human senses, such as line, shape, color, form, texture, flexibility or ornamentation of the material.

OUR SERVICES RELATED TO INDUSTRIAL DESIGN REGISTRATION AND AFTER.
---------------------------------------------------------------- ------------------------------

Design Preliminary Research and Application

- Drawing, photograph, etc. of the product to be registered.

- Power of attorney.

- Document showing that the design application fee has been paid (Bank receipt)

Design Registration Procedures Abroad

- Drawing, photograph, etc. of the product to be registered.

- Power of attorney.

- Document showing that the design application fee has been paid (Bank receipt)

Design Refresh Process

- Original Design Registration Document

- Power of attorney.

- The original copy of the payment of fees and charges

Address, Title and Type Change Process

- Original Design Registration Document

- Power of attorney.

- The original copy of the payment of fees and charges

Preparation of the Transfer Agreement and Registration in the Registry

- Transfer agreement (notarized)

- Original design registration certificate

- Power of attorney.

- The original copy of the payment of fees and charges

Preparation of License Agreements and Registration in the Registry

- License agreement (notarized)

- Original design registration certificate

- Power of attorney.

Inheritance and Succession

- Court order

- Design registration certificate

- Power of Attorney of the heirs, if there is a proxy (notarized)

- Fee and fee payment certificate

Bulletin Tracking of Proprietary Designs

Objection Process

Legal Services

WHAT IS INDUSTRIAL DESIGN?
---------------------------------------------------------------- ------------------------------

Design is the appearance formed by various elements or features that can be perceived by human senses, such as line, shape, color, form, texture, flexibility or ornamentation of a product, of all or a part of a product.

In a free competition environment, competitors highlight the product image with brand and design in their advertisements to ensure customer satisfaction.

The design of the product plays a major role in customer preference between two products of the same technical quality. Sometimes, the design alone can be decisive in customer preferences.

It can be said that in general, customers make a purchase decision by first looking at the brand and then the design of the product.

In this sense, the aim of the design is to contribute to the functionality of the product and to help the marketing by changing the appearance of the product.

The packaging of the products, packaging patterns, fabric patterns, apparel models, furniture models, machine and vehicle designs, spare parts of vehicles can be protected by design registration.

All these activities are commercial activities. You have competitors in your field of business activity. The aim of the competitors is to pass each other commercially, reach the customer candidates, be selected and preferred. To be chosen, customer satisfaction comes to the fore. The customer chooses the company that he will be satisfied with. For this, first of all, the company must be satisfied and like the product it offers. Naturally, he will turn to a product he likes with its appearance, design, function and economic value. Good and sufficient after-sales services for an unpopular product will not be enough for the product to be appreciated.

For these reasons, competitors, who understand the importance of promotion in order to ensure customer satisfaction, highlight the product image with brand and design in their advertisements.

FEATURES OF INDUSTRIAL DESIGN
---------------------------------------------------------------- ------------------------------

In order for a design to be legally protected, it must contain some elements.

A) Innovation

B) distinctive feature

C) The product or part of the product

D) Appearance that can be perceived by the human senses.

INDUSTRIAL DESIGN REGISTRATION REQUIREMENTS
---------------------------------------------------------------- ------------------------------

In order for a design to be legally protected, it must contain some elements.

a) Novelty If the same design has not been presented to the public anywhere in the world before the application or priority date, that design is considered new (Executive Decree Article 6/I). Designs are considered the same if they differ only in minor details.

Compared designs are placed side by side and evaluated separately. While determining the innovation, a superficial examination is made in proportion to the distinctive quality.

b) Distinctive feature The concept of distinctive is used to indicate the characteristics and characteristics unique to something. If there is a significant difference between the general impression left by an industrial design on the informed user and the general impression made by another design on such a user, this design has a distinctive feature (Executive Decree Article 7).

The degree of difference that a design should show from other designs in terms of distinctiveness should be in the form of a significant difference.

c) Product or product part A design that is independent of the Product does not receive legal protection. The design to be protected must be applied to a product or part of it (Executive Decree Art. 3 b. A; Art. 26/II).

As a product in the Decree; object, composite system or parts of this system, sets, sets, packages, combinations of multiple objects or presentations that can be perceived together, graphic symbols and typographic characters (art. 3 b. B).

d) Appearance that can be perceived by human senses Design is a feature and concept related to the appearance of the product. While the features of the design primarily appeal to the human sense of sight; can be perceived by other senses

PROTECTION PERIOD
---------------------------------------------------------------- ------------------------------

The owner of the registered design is given an "Industrial Design Registration Certificate". The protection period of registered designs is 5 years from the date of application. It is possible to extend this period up to a total of 25 years, to be renewed in five-year periods.

INDUSTRIAL DESIGN REGISTRATION APPLICATION
---------------------------------------------------------------- ------------------------------

The design protection provided by the Decree-Law is made with the document given by registration.

The competent authority for the registration of designs is the Turkish Patent Institute.

All domestic and foreign applications are made to the Turkish Patent Institute or the authority authorized by it.

For the registration of a design, the design application prepared according to the sample attached to the Regulation Indicating the Implementation of Decree Law No. 554 is made to the Turkish Patent Institute with a petition.

The documents required for application are: a) Application petition,

b) Application fee,

c) The description explaining the design and the introduction of the products that will be the subject of the design or to which the design will be applied (4 pieces),

d) Visual narration (11 pieces),

e) The identity of the designer.

If all these documents are submitted during the application, the application date will be finalized.

In case the applicant of the design is a legal person, the notarized circular of signature must also be submitted to the Institute.

REVIEW OF THE APPLICATION
---------------------------------------------------------------- ------------------------------

Design registration application by the Turkish Patent Institute; form, right to apply, right of priority and absolute rejection reasons (such as designs contrary to public order and general morality).

The Institute makes one of the following decisions as a result of its examination.

a) Rejection of the registration request,

b) If it decides that there is no deficiency, the application is finalized,

c) Correcting the deficiencies within the period stipulated in the regulation.

REGISTRATION AND PUBLISHING
---------------------------------------------------------------- ------------------------------

If the necessary legal conditions are fulfilled and there is no reason to reject the application, the application date is registered in the design registry once it has been finalized (Executive Decree Art. 34).

The designs registered in the registry are published in the monthly Official Industrial Designs Bulletin. Publication period is 6 months.

The registration and publication process is carried out in the form, conditions and elements stipulated in the Decree and the Regulation.

Publication of the application has legal consequences.

If the design registration applicant wishes, he/she may request a postponement of publication during the application, starting from the reference date and not longer than 30 months.

The registration of the application, which has a request for postponement of publication and whose application date has been finalized, is registered, but both the visual representation of the design and the other documents of the application are kept closed to public inspection.

OBJECTION AND INVESTIGATION
---------------------------------------------------------------- ------------------------------

Regarding a design that has been announced, real or legal persons and related professional organizations may object to the Institute against the issuance of the design certificate, provided that they clearly state their reasons and fulfill the conditions stipulated in the relevant regulation.

These objections must be made in writing and within six months from the date of the announcement. In addition, in order for the objection to be taken into consideration, the objection fee stipulated in the Regulation must also be paid.

If the Institute deems it necessary while examining the objections, it conveys the objections and defenses of the parties to the relevant parties and receives their written opinions.

After examining the objections, the Institute makes one of the following decisions (Executive Decree Art. 38):

a) That a formal transaction is not fulfilled or is incomplete and these deficiencies are corrected,

b) The invalidity of the procedures related to the issuance of the design certificate,

c) Going back to the point where the deficiencies were made and re-executing the transactions,

d) Cancellation of the design certificate.

The cancellation decision of the design certificate is published in the relevant bulletin.

RESULTS OF REGISTRATION AND DESIGN PROTECTION PERIOD
---------------------------------------------------------------- ------------------------------

The owner of the registered design is given an "Industrial Design Registration Certificate".

The registration provides a founding effect. The legal consequences provided by registration are as follows:

a) Design protection provided by Decree-Law is obtained by design registration.

b) The scope of protection of the design right is determined by registration.

c) Design right ownership occurs with registration. After that, the owner of the design right becomes the absolute right owner.

The protection period of registered designs is 5 years from the date of application. The aforementioned period is extended to a total of 25 years, to be renewed in five-year periods.

INDUSTRIAL DESIGN AND LAW
---------------------------------------------------------------- ------------------------------

The design right belongs to the designer or his legal successors.

The rights and authorities to use the design belong exclusively to the owner of the design right. Third parties cannot produce, put on the market, sell, make an offer to make a contract, import, use for commercial purposes or hold for this purpose a product that is designed or to which the design is applied, without the consent of the owner of the design right.

RATIO ACTION PROTECTING THE DESIGN OWNER
---------------------------------------------------------------- ------------------------------

The real design owner or his successor may file a claim against the wrongful design owner or his successor for remuneration due to the usurpation of the application while the design review is in progress (Executive Decree Article 19). The goodwill of the person who has taken over the right to apply from the unauthorized person is not protected, and the same lawsuit can be brought against him.

Real design owner; If the wrongful applicant has been given a design registration certificate, he may request the transfer of the design itself through a lawsuit.

The lawsuit can be filed within two years from the date of announcement of the registered design right, and until the end of the protection period of the design in case of bad faith (Executive Decree Article 19).

DESIGNS WITHOUT PROTECTION
---------------------------------------------------------------- ------------------------------

- Designs without innovation and distinctiveness,

- Designs against public order and general morality,

- Designs that do not leave any freedom of choice to the designer in terms of design features and elements in the realization of the technical function,

- Designs that can only be produced in certain shapes and sizes in order to be able to mechanically mount or connect the designed or designed product to another product are excluded from the scope of protection.

PROTECTION OF THE DESIGN RIGHT IN INFRINGEMENT
---------------------------------------------------------------- ------------------------------

The design right has two sides. The positive side of this right is that it gives the owner the authority to use it and the negative side is that it gives the design owner the authority to prevent unauthorized use of the design by someone else.

The design application and design registration certificate provide legal protection to the owner. Protection of the design right may be the subject of civil and/or criminal proceedings.

A) Civil lawsuits The owner of the design right, whose rights arising from the design have been violated, may make the following demands (Executive Decree Art. 49):

- Rape prevention case

- The case of stopping the rape

- The lawsuit for removal of rape

- The case of detection of rape

- Compensation cases

- Litigation for pecuniary damages

- Non-pecuniary damage lawsuit

- Reputation compensation case

- confiscation

- Recognition of title to products and vehicles

- Shapeshifting and destruction

- Notification of the court decision to the relevant parties

- Announcement to the public and announcement of the verdict

- Precautionary measures

- Seizure of these products at customs, if any, exported or imported

B) Criminal cases Penalties to be imposed in case of violation of the right to design differ depending on the distinction between action, act and participation (participation) in a crime.

It is aimed to ensure efficiency in practice by imposing sanctions such as imprisonment, fines, closure of the workplace, banning from trade for those who do not comply with the law (Executive Decree Article 48/A).

The lower and upper limits of the penalties to be imposed on the rights arising from the design are as follows:

Imprisonment from one to four years,

Fine from 4.994.000.000,- Liras to 16.648.000.000,- Lira,

Closure of workplaces for not less than one year,

Prohibition of violators from trade for not less than one year.

INTERNATIONAL INDUSTRIAL DESIGN REGISTRATION
---------------------------------------------------------------- ------------------------------

EUROPEAN COMMUNITY DESIGN REGISTRATION

In accordance with the European Community Council Regulation (EC 6/2002) published on 5.1.2002, a unitary and autonomous design protection system is provided to cover 25* member states of the European Union as of April 1, 2003.

The most important feature of the protection provided by the regulation is the double protection system it provides to registered and unregistered designs. While registered designs have the rights provided by the filing date and the official publication attached to it, unregistered designs may prevent the use of copies of the original design for a period of three years from the design's disclosure.

The competent authority for Community Design registrations is OHİM (Office for the Harmonization in the Internal Market), located in Alicante, Spain, which has undertaken the Community Trademark Registrations so far.

Application and Procedures: Community design application can be filed by citizens of European Union, World Trade Organization, Paris Union member countries or persons (private and legal) who have commercial activity or residence in one of these countries.

Requirements for Application: Applications are made with the application form to be created by the Community Office and with the usual information (applicant's information, design sample, products to which the design will be applied). Multiple designs can be collected in a single application, provided that they belong to the same product class (Locarno Classification **). However, as in the Laws of many countries, "ornaments" cannot be the subject of multiple designs.

Application language: will be either English, French or German and specify a second language.

Review: Filed applications are subject to formal review only for compliance with filing requirements, not for novelty and distinctiveness. The filing date will be finalized after this review.

Registration and Publication: Following formal examination, the design is registered and published in the Community Design Bulletin. Publication may be delayed up to 30 months after the filing (or priority, if any) date at the request of the applicant.

Protection Criteria: The criteria that the Community design must comply with is that it has the "Novelty and Distinctive" feature.

Duration of Protection: The period of protection for unregistered designs is three years from the date the design is made available to the public within the Community, provided that it meets novelty and distinctive criteria. Protection is available for unregistered designs from March 6, 2002.

Registered designs can be registered for periods of 5 years and can be renewed 5 times, up to a total of 25 years.

Transfer and License: Community Design can be the subject of transfer and license. The license can be valid for the whole community or for some countries.

Advocacy of Community Design: The invalidation request for a registered Community design is filed with OHIM.

Unregistered Community Design can be prosecuted in Community Design Courts to be determined by each member state.

Differences between Community Design (CD) and Community Trademark (CTM): Unlike Community Trademark, Community design does not have a detailed examination, objection procedure, objection or statement of opinion by third parties, seniority request, return to national design registration and usage obligation.

Status of Turkey: Turkish applications can be filed as a Community Design as a member of the Paris Union and the World Trade Organization. Applications can be made through a trademark attorney registered in one of the Community member countries, as in the Community Trademark.

Duration: Turkish applications can be filed for Community Design as a member of the Paris Union and the World Trade Organization. Applications can be made through a trademark attorney registered in one of the Community member countries, as in the Community Trademark.

After the Community Design Registration application is made, the period between the receipt of the registration certificate and the finalization of the registration is approximately 7 months.

Countries: Austria, Belgium, England, Denmark, Germany, Finland, France, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovak Republic and Slovenia.

(As of 2007, Romania and Bulgaria)

Locarno Classification: The Agreement signed in Locarno on 8 October 1968 consists of an alphabetical list of goods, including Industrial Designs, and the classes and subclasses to which they belong.

EUROPEAN UNION DESIGN APPLICATION:
---------------------------------------------------------------- ------------------------------

The Community Design Registration, which was accepted by the Council of Europe on 12/12/2001, started to be implemented as of 01/4/2003. Accordingly, it is possible to obtain a design registration in 25 EU member states with a single application. Transactions are handled by OHIM, located in Alicante, Spain.

Protection with a single application has provided advantages in terms of cost and time. It has also brought with it the convenience of adjudicating infringement and invalidity issues in legal protection from one place.

The protection of registered design rights is 5 years and it has the right to be renewed 4 times. It is 25 years in total. The renewal process is also done with a single application.

INTERNATIONAL DESIGN REGISTRATION:
---------------------------------------------------------------- ------------------------------

According to the Geneva Text of The Hague Agreement, which allows the international registration of designs, it has also been implemented in Turkey since 01/01/2005. 40 countries, including Turkey, are members of this agreement. As in other international or regional applications, it is possible to provide protection with industrial design registration in selected countries with a single application. Thus, having a representative from each country provides great advantages such as preparing documents, paying money according to the currency of the country, and not doing translations. WIPO is the authorized institution in international transactions to be made in accordance with the Hague Agreement. As in the National Application, requests for postponement of publication and Priority Rights can be made, as well as multiple applications with more than one design.