Industrial Designs Law in Northern Cyprus
In the Turkish Republic of Northern Cyprus (TRNC), industrial design protection is governed by national laws and administered by local authorities. While the TRNC is recognized only by Turkey, it maintains a separate legal system from the Republic of Cyprus, including its own intellectual property laws and registration procedures.(Turkish Law Blog)
🏛️ Legal Framework
The TRNC Industrial Designs Law aligns with the European Union's Directive 98/71/EC on the legal protection of designs, reflecting the TRNC's alignment with EU standards in this area. (wipo.ch)
🖌️ Definition and Scope
An industrial design in the TRNC refers to the ornamental or aesthetic aspect of an article, encompassing its shape, configuration, pattern, or ornamentation. Protection is granted to designs that are new and have individual character, distinguishing them from existing designs.
✅ Registrability Criteria
To qualify for protection, an industrial design must:
Be new: Not have been disclosed to the public prior to the filing date.
Have individual character: Differ significantly from existing designs, so that the informed user perceives it as a different overall impression.
Not be dictated solely by technical or functional considerations: The design must not be exclusively determined by the technical function of the article.
⏳ Duration and Renewal
Initial Term: Protection lasts for 5 years from the filing date.
Renewal: The design can be renewed for two additional periods of 5 years each, allowing for a maximum total protection period of 15 years.
📝 Application Process
The process for registering an industrial design in the TRNC includes:
Filing: Submit an application to the Department of the Official Receiver & Registrar in Lefkoşa (Nicosia), including:(ipside.com)
Representations of the design (drawings or photographs).
Description of the design.
Applicant's details (name, address).
Power of Attorney (if filed by a representative).(SIMAJ | Patent & Trademark Attorneys)
Examination: The Registrar examines the application for compliance with formal requirements.
Publication: If the application meets all requirements, the design is published in the Official Journal.
Registration: In the absence of opposition, the design is registered, and a certificate is issued.
Note: All documents must be submitted in Turkish and may require notarization and legalization. (SIMAJ | Patent & Trademark Attorneys)
⚖️ Enforcement and Legal Remedies
Owners of registered industrial designs have the exclusive right to:
Use: Manufacture, sell, or import the design.
License: Grant usage rights to third parties.
Transfer: Assign the design rights.
In case of infringement, the design owner can:
File a lawsuit: Seek remedies through the local courts.
Request injunctions: Prevent further unauthorized use.
Claim damages: Seek compensation for losses incurred.
Legal actions are typically pursued through the TRNC courts, and enforcement is limited to the territory of the TRNC.(Turkish Law Blog)
🌐 International Protection
The TRNC is not a member of the Hague Agreement for the international registration of industrial designs. Therefore, protection obtained in the TRNC does not extend to other jurisdictions. International applicants seeking protection in the TRNC must file a separate application with the TRNC authorities.(Turkish Law Blog)
📌 Practical Considerations
Language: All application documents must be in Turkish.
Representation: Non-residents are required to appoint a local representative to file applications.
Processing Time: The average processing time for design registration is approximately 12 to 18 months, depending on the complexity of the application.
Fees: Fees are payable upon filing and renewal.
For more detailed information or to initiate the registration process, you can contact the Department of the Official Receiver & Registrar in Lefkoşa (Nicosia):
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