How to Register an Industrial Design in Turkey — Unregistered Design Protection

Elements forming a product's appearance — lines, shapes, colours and texture — can be protected against unauthorized use by third parties through design registration.

Requirements for Design Registration

Under Article 56 of Industrial Property Law No. 6769 (SMK), for a design to be protected through registration it must be new and possess individual character. Novelty means an identical design, or one differing only in minor details, has not previously been disclosed to the public; individual character means the overall impression the design produces on an informed user differs significantly from previous designs.

The Application Process

A design registration application is filed with TÜRKPATENT together with information on the designer and applicant, a visual representation of the design, and, where filed under a multiple application, more than one design. Following formal examination and a public-order compliance check, the design is registered once the objection period has passed.

Protection Term

Registered designs are protected in five-year periods renewable up to a total of twenty-five years from the filing date. Protection automatically ends at the expiry of this term and the design becomes part of the public domain.

Unregistered Design Protection

Under the SMK, a design first disclosed to the public in Turkey is protected for three years as an unregistered design without any application being required; however, this protection only applies against direct copying of the identical design, and the burden of proof rests entirely on the rights holder. It is a far more limited protection than that of a registered design.

Infringement of Design Rights

Where a registered or unregistered design is used, manufactured, or offered for sale without authorization, the rights holder may bring actions for determination and prevention of infringement, as well as damages actions; because the burden of proof is lighter for registered designs, their legal protection is stronger.

Practical Recommendations

Registering your design before bringing it to market significantly strengthens your level of protection by reversing the burden of proof. Filing an application before disclosing the design to the public prevents the loss of the novelty requirement.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.