KC PATENT gives industrial design protection services for clients. 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. KC PATENT examine your industrial designs according to these criteria before registration in order to avoid possible problems.
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 renewals,
- 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 as of January 1, 2005.
Application Stages in Turkey
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.
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. |