Industrial Design in terms of Industrial Property; Is the appearance of a whole or a part ornament of a product formed by various elements or features perceived by human senses such as line, shape, form, color, texture, material, or resilience.
In order for a design to be protected by a registration certificate, it must be included on 2 important elements.
An industrial design referred to for registration must not have been previously available, nor used, or made available to the general public worldwide.
The industrial design applied for registration should give the impression that there is a significant difference on an informed user of the relevant field of activity. Beliefs are not enough for the criterion of discrimination, as there are small differences between the two designs, or 3-5 differences in the general public.
Industrial Designs in our country are protected by Decree Law No. 554 on the Protection of Industrial Designs. Industrial designs, like other industrial rights, are only protected in that country if they are registered in any country. The Turkish Patent Institute is the sole authority on the application for registration.
In preparation for the application of Industrial Designs, in addition to the photographs of the parts which are different from the design concerned and which are required to be protected, a copy of the declaration document shall be prepared in which the differences expressed in the photographs are transferred in writing. After the application, the file is examined by the experts of the Turkish Patent Institute and if it is deemed appropriate, it is opened to the public objections in the monthly Official Industrial Design Bulletin. If no objection is received, the design is linked to the document. This whole process takes about 9 months.
Between the two products, one of which is the same as the one in terms of content and general characteristics, the thing that makes the difference and attracts the product in the consumer's mind is the design of the product or packaging. The emergence of new and original designs also brings with it certain costs in terms of financial resources. Registration is the only way to protect the designs you expose to all these costs and to be legally entitled.
Industrial Design Registers provide rights protection for a period of 5 years. This protection can take up to 25 times, totaling 4 times with the necessary fees paid.