INDUSTRIAL DESIGN REGISTRATION

An entirety formed by whole or part of a product or its various elements or features perceived by human senses such as the lines, shapes, patterns, colors, materials or flexibility in it. In order that a design may be protected by Industrial Design Registration, it has to offer:

· An Innovation
has to be offered to the public latest within one year retrospectively from the date of application.

· A Distinguishing Feature
There has to be a clear difference between the general impressions created on an informed user and any known industrial design on this user..

· Applicability in industries
Design should be producible in quantities by industrial means. For example, works of art not bearing this feature are not protected by industrial design registration and are handled within the scope of works of protection of intellectual and artistic works.




Industrial design registration provides a five-year protection. Six months before the termination of the five-year period, registration may be renewed regularly or with penalty for five additional years throughout six months as from the date of termination of the period, thereby obtaining a protection right for the next twenty-five years. Designs that are not timely renewed or whose twenty five year period have terminated may be produced and sold by everyone.



Industrial design registration covers the country of application. A registration certificate obtained in Turkey does not provide protection in other countries however it is possible to cancel the unfair application to be made later in another country as an evidence for rejection. Likewise, certificates obtained in other countries do not create any right ownership in Turkey. Within six months as from the date of application, application may be filed in foreign countries with the right of privilege. Until the innovation feature of the design is removed, application may be filed in foreign countries without claiming the privilege.


Coverage of industrial design right ownership
Third persons may not produce, introduce, sell, offer for contract or hold for such purposes the design under protection or the product where the design is applied without prior permission of the design owner.



Penalties Applicable in case of Violation of Patent Right

· Sentencing from one year to four years
· 30.000.-YTL monetary fine (determined on an annual basis)
· Closure of workplace and prohibition from trading for the duration of sentencing