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WHAT IS INDUSTRIAL DESIGN?

Design is defined in decree law of protection for industrial desing  ‘the entirety of the various features or speciality such as line, shape, colour, texture, sound, material or flexibility perceived by the human sense of the apperance of the whole or part of a product or its ornametaion.
Industrial desing patent makes legal protection for  physical apperance of product in . To make legal protection for working principle is made  patent/utility model registration.
Being important of physical apperance, production tolls, materials used, size is not matter. It is imitated, ever physical apperance is copyed  with difference of size and materials.

INDUTRIAL DESIGN REGISTRATION REGULATION

Industrial designs has to be  new and distinguishing characteristic to be registered.

BEING NEW: The design is accepted as new if the same design hasn’t been provided to public before registry date or date of preemption. It is accepted that as new if the designers and allowed persons by the designers or misused by these people provides to public in 12 months before application date    

DISTINGUSIHING CHARASTERISTIC: Meaning  Distinguishing characteristic the design makes observable difference on people who final consumer and patent registration cunsolter . While evaluating on distinguishing characteristic as principle, to  consider  freedom of choice for development of design and same features with comparing desings but differency of the same designs .

INVASION ACTS ON DESIGN RIGHTS

As follows the invaison acts for Turkey Law

  1. To make  alike design or same, to ptoduct , to intruduce the market , to sell, making a request for  agreement, to use, to import and to put in a warehouse to  make these things without permission by owner of  design right  same.
  2. To alienate the rights based on contact giving with license by owner of design certificate  to 3. Person without permission.
  3. To participate or to help or to encourage or To facitilate the acts of a and b articles in any conditions and forms .
  4. To avoid giving information from where took the product that is put into the trade place or how  it is found.    
  5. To assumption

Design owner has the authority open a court action and criminal action because of invasion that made before announced in bulletin when design application announces in design bulletin. It is not important that application announced or not announced, if the intruder informed about  the application. If the court judges about intruder as bad faith also it is accepted that it is invasion before announcement.   

It is an invasion whether designs that under protection is on an invoice and package or not. Registration marks is taken into consideration while evaluating of default.  

YOU CAN REQUEST ANY INFORMATION REQUEST ANY INFORMATION ABOUT ALL PATENT PROCESS FROM OUR LAW OFFICE  

LEGAL CORPORATES IN TURKEY

Republic attorney generalship and criminal court
Republic attorney generalship handles with person who intrudes on trademark, patent, industrial design and geographic marks, depend on complaint of owner of registered rights or attorney’s with laws in turkey as below.  
Polices are chareged by prosecuting attorney , captures fake products, production machines of intruder. Criminal action is made about these people because of being clear that these producs are fake but after expert’s report. These people’s offices are shut down, Furthermore levy is made.  

Commercial courts
Courts is made in commercial courts for people or companies who  made  false claim. Commercial courts are made to determin and to ban of unfair commercial,  to pay compensation as Turkish

Commercial Law.     
Specialized  courts
Trademark, patent, industrial design and copyright registrated owner as determination of false claim, inhibition  of false claim, indemnification, reques of prudence courts are made in tribunals.  

Turkish Patent Institute
Registration of trademarks, patents, industrial designs and geogrphicmarks are made by Turkish Patent Institute in turkey. Turkish laws and courts protect all registered trademarks, patents, industrial designs and geogrphicmarks. As the client gives us the letter of attorney we can  apply to TPE to make the trademarks, patents industrial designs and geogrphicmarks registered in TPE. We have  authorized attorney for these procedure.   

Clients have to make registered by TPE for all trade mark, industrial designs, patents and geographic Marks as We open a court about companies or person who made fake product, fake designs for your as we apply republic attorney generalship .

PROCESS OF INDUSTRIAL DESIGN REGISTRATION

  • Application of design registration is made in one day as soon as the client provides us the documenrs and dues.  
  • Applicaiton is investigated by experts of TPE whether it is suitable or not as criterion of accordance in 1 to 3 months.
  • As experts of TPE accepts the application of design, it is published in DESIGN BULLETIN. It is to remain in suspense for 6 months for 3. People to object.
  • If 3. People doesn’t object to published design , we have the registration certificate. This process takes 8-12 months.
  • There is objection right to TPE’s refuse after first  investigation or while it is published in design bulletin  if it would be an objection. Dues has to be paid to TPE and objection process takes 6-12 months. For final decision of TPE we have the right to open a court tribunal in 2 months.    

PATENT OFFICE ATTENDS THESE PROCEDURES FOR THE CLIENTS AND CONSULTS. TPE GIVES THE FINAL DECISION ABOUT THE APPLICATION

HOW TO PREVENT TO REGISTER FAKE DESIGN IN TURKEY

Designs are not investigated as similarity investigation but shape.
Certified designs are announced in Officially Design bulletin for 6 mon-ths. In this 6 months anyone can make an objection for unfair competiiton and colorable imitation.
To avoid fake design or colorable imitation you have to follow design bulletin and make an objection to registration of apply of same design.  It is important to protect your design in all ways.
Our agency follows the bulletin and inspects to fake designs provided that a contrate for one year.  

IF YOU WOULD LIKE TO REGISTER YOUR DESIGN

You may inform us about the Picture / photo / drawing of your design. 

We prepare the report of registerablity of design and the fees. 

According to the report you have to regstry your design.

If the registry is not appropriate you have to appeal legal ways. 

If the registry is not appropriate you have to appeal legal ways.

If same design exists in turkey it is seized in customs house or markets. It is also apply criminal sanction.

YOU CAN CONTACT WITH US TO HAVE INFORMATION AND REGISTER YOUR TRADEMARK

IF YOUR INDUSTRIAL DESIGN AS REGISTERD IN TURKEY IN NAME OF  ANOTHER COMPANY

In turkey approximate 100.000 registration of iindustrial design exists. Every month is made approximate 1000  new application of registration. Your design may be under risk of registered in name of another company of these 100.000 aplication.

If your design is registered in Turkey on behalf of another company it is important that determine whether registered the coincidence, or bad intention.

Process of law is made a decision at the end of the evalution.

EltutanPatent Office prepares a report about all same desings with your industrial design and it’s legal status.

Eltutan Patent – Law Office employes lawyers, trademark attorney, authority of Turkish courts, engineers who all the expers about trademark, industrail design.

PLEASE DO NOT HESITATE TO CONTACT WITH OUR LAWYERS  FOR ANY QUESTIONS AND ANY PROBLEMS

 
şair Sabri Sk. No:14 Kat:2 Mecidiyeköy/şişli/istanbul Tel: (212) 288 26 22 [email protected] www.ustapatent.com
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