The object of industrial design legislation is to encourage companies and also individuals to invest in the external design of their products.
The object of an industrial design can be the shape or ornament of a good, i.e. only what is seen when looked at the product. A design shall involve result of a creative work, be novel and differ substantially from previously created designs.
National Design Applications Procedure For a Design Registration
It is possible to file a design application for a single product whereas a multiple design application for a group of products of the same kind, which apparently reduces overall costs. Typical procedure of a design application can be summarized as follows;
- Formalities examination,
- Publication and term of opposition,
The protection period for a registered design is 5 years and can be renewed every 5 years for a maximum of 4 times, which means a maximum term of 25 years of protection.
The renewal period of a registered design begins 6 months before the end of the protection, the 5 years term. Designs can be renewed subject to a surcharge within 6 months following the termination of said term. Failure to comply with these limits results in loss of rights.
Required Information and Documentation
Following information and documentation are required when filing a design application before the Turkish Patent Institute;
- Name, nationality and address of the applicant.
- Name, nationality and the address of the designer.
- 12 drawings or photographs of the design (not exceeding 8×8 cm in size)
- Power of Attorney (no legalization required).
- Unofficial statement on how the application obtained design rights from the designer
- Short description of the design.
- Priority document (only when claimed)
It should be noted that the Turkish Patent Office does not conduct novelty examination for the submitted design. Instead, the design application is published in the official bulletin and remained subject to oppositions for a period of six months. If no opposition is filed within this time, the registration certificate is directly issued.
In case no opposition is raised, the time for receiving the registration certificate for a design application is typically 12 months. In the case of an opposition, the applicant is invited to file a response to the opposition within 2 months following the date of notification. The examiner of the Office freezes the the case until all oppositions and responses are timely filed and decides upon examining the responses.