According to the Article 55 of the intellectual property law no. 6769, Design is the view of the product arising from the properties of all or a part or ornament of the product like line, shape, form, color, material or surface texture.

It should be understood that design in the sense of an industrial property describes the visual novelties in the whole product or a part of it, even though it is used in the market as “engineering design” or technical or artistic context in the similar senses. For example, while a carpet pattern or a fabric pattern has a two dimensional design, the model of a mobile or lights and headlamps of a car are considered as three dimensional designs.

According to the industrial property law no. 6769, designs are protected through registration; also they can be protected for 3 years without registration. This type of protection generally like a kind of copyright can be used for rapidly-changeable products.

A design should have a novel and a unique characteristic in order to be protected.

Here, novelty means that a design is considered as novel, if the same of the design has not been introduced into public in anywhere in the world,

  1. a) before the application or priority date for the registered designs,
  2. b) before the date the design is first introduced into public for the non-registered designs.

Uniqueness means that a design is considered to have a unique characteristic, if the general impression of the design on the informed user is different from the general impression of any design on the same user introduced into public,

  1. a) before the application or priority date for the registered designs,
  2. b) before the date the design is first introduced into public for the non-registered designs.

In the evaluation of the unique characteristic, the degree of the choice freedom of the designer is taken into consideration in the design development.

Priority period is 6 months in the designs.

In Turkey, protection of a registered design starts after the application date, if a priority is present, it starts after the priority date on the condition not passing 6 months, and it is protected for 5 years. After 5 years, it is protected for 25 years by renewing it for 4 times. The official application is carried out with designer information, applicant and product name of the design, and the designs (images) for the design protection. A design description describing the critical components of the design is recommended to use without obligation.

Design application and registration process in Turkey proceeds as follows:

Formal investigation according to the law no. 6769, rejection and objection possibilities,

In liminary investigation,

Official registration and publication (3 months), and

Rejection and objection possibilities for the registration during publication.

Markiz Patent provides a boutique-style registration service with its trademark and patent attorneys experienced in their fields in order to protect the designs produced by the customers.

Creating an innovation by way of design is important in terms of being easy and obtaining results rapidly. It is of great importance for awareness to investigate the designs of the competitor companies and looking through the monthly bulletins along with registering the designs created by the companies.

Design research can be conducted through international and regional databases in Turkey and the databases of the patent offices of the countries.

Markiz Patent provides services to its customers in the field of design research.

The protection of a design is also territorial as an industrial right such as trademarks and patents. Especially exporter companies, designers who desire to issue license for designs and companies carrying out design application in order to be protected in Turkey or in another country for the first time have to do design application abroad. Design application abroad should be carried out in 6 months at the latest following the first design application. The design can be rejected in case of passing this date because it will not meet the “novelty” criteria.

Design protection abroad can be conducted through conventional territorial design application, international application according to Hague Agreement and European Design protection.

Which methods should be used for design protection abroad?

Territorial Design Application: In this method, if the number of the countries where design protection is requested is few, official design application can be carried out by contacting with the patent attorney in the related country directly without passing 6 months after the first application date, which is the priority duration.

European Design Protection: European design protection is recommended for the applicants or designers determining especially Europe as the target market.

International Design Application according to Hague Agreement: International design application can be carry out according to Hague Agreement, on the condition of considering design protection in the member countries of Hague Agreement (more than 40 countries) outside of the European market.

Markiz Patent provides a boutique service with the most reasonable costs and reliably with its international attorney network for the international protection for the designs.