The design protection provided by the Industrial Property Act is made by the certificate issued by the registration.
The competent authority for the registration of designs is the Turkish Patent Institute.
All applications to be made from within the country and abroad shall be made by the Turk Patent or its authorized agent.
For the registration of a design, the design application prepared in accordance with the attached Regulation on the Implementation of the Industrial Property Law No. 6769 published in the Official Gazette dated 24.04.2017 is submitted to the Turkish Patent Institute with a petition.
The documents required for application are as follows.
a) Application petition,
b) Application fee,
c) the description of the design and the description of the products that will be the subject of the design or the design will be applied
d) Visual expression
e) The identity of the designer.
If all of these documents are submitted at the time of application, the date of application will be final.
In case the applicant of the design is a legal person, signature circulars approved by the notary public shall also be given to the Institute.
The Institute will issue one of the following resolutions as a result of the review.
a) Reversal of the registration request,
b) If you decide that you do not have any shortcomings,
c) The elimination of deficiencies within the time stipulated in the regulation.
REGISTRATION AND PUBLISHING
If the required statutory requirements have been met and there is no reason to require the application to be rejected, the application date is registered with the design register (KHK Article 34), with certainty.
Registered designs are published in the monthly Official Industrial Design Bulletin. The publication period is 3 months since 10.01.2017. (Applications filed before 10.01.2017 are for 6 months.)
The registration and publication process shall be carried out in the scope of the Decree Law and Regulation including the form, conditions and elements.
Publication of the application results in legal consequences.
A record of the application for which postponement is requested and the date of application has been finalized is recorded, but if the visual expression of the design is required, other documents of the application are closed to the public review.
OBSTACLES AND INVESTIGATION With regard to a publicized design, an objection may be lodged against the granting of a design document to the Institute, provided that the reasons for the professional bodies concerned with the real or legal persons are clearly stated and the requirements stipulated in the relevant regulation are fulfilled. These objections must be made in writing and within six months of the date of publication. In addition, the appeal fee prescribed in the Regulation must also be paid for the objection to be made. If the Institute considers it necessary when examining the objections, it will forward the parties' objections and defenses to the interested parties and receive written comments. After reviewing the objections, the Institute shall issue one of the following resolutions
a) The fact that a formal process is not carried out or is incomplete and that these deficiencies are corrected,
b) the invalidation of the procedures relating to the issuance of the design document,
c) to make the deficiencies back to the place where they were made,
d) Cancel the design document. The cancellation decision of the design document will be published in the relevant newsletter.
PROTECTION RESULTS AND CONSIDERATION PROTECTION PERIOD Registered design owns the design, "Industrial Registration provides constructive effect. The legal consequences of the registration are:
a) design protection provided by the Industrial Property Act,
b) The scope of protection of design right is determined by registration.
c) The registration with the design entitlement occurs. After that, the right of design becomes the owner of absolute rights. The protection period for registered designs is 5 years from the date of application. The estimated time is extended to a total of 25 years to be renewed in periods of five years.