Industrial Designs Law in Turkey
Here’s a detailed overview of Industrial Designs Law in Turkey:
🔹 Legal Framework
Primary Legislation:
Industrial designs in Turkey are governed by the Industrial Design Law No. 6769, enacted in 2017.
The law replaced the former Design Law No. 554 and aligns Turkey’s system with the European Union standards.
Administered by the Turkish Patent and Trademark Office (Türk Patent ve Marka Kurumu - Turkish PTO).
International Agreements:
Turkey is a member of:
The Paris Convention for the Protection of Industrial Property
The World Intellectual Property Organization (WIPO)
The Hague Agreement Concerning the International Registration of Industrial Designs
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Turkey accepts international registrations under the Hague System.
🔹 What Can Be Protected
Industrial designs protect the appearance of a product or part of a product, including lines, contours, colors, shape, texture, and/or materials.
The design must be:
New (not disclosed to the public anywhere in the world before filing).
Have individual character (the overall impression on an informed user differs from existing designs).
Designs dictated purely by technical function are excluded from protection.
🔹 Registration Process
Application:
Filed with the Turkish PTO.
Must include:
A request form.
Clear representations of the design (drawings or photos).
Payment of the prescribed fees.
Examination:
The Turkish PTO conducts a formal examination for compliance with procedural requirements.
There is no substantive examination of novelty or individual character during registration.
Publication:
Registered designs are published in the Official Industrial Design Bulletin.
Duration:
Protection lasts 5 years from the filing date.
Renewable for up to 4 additional periods of 5 years each.
Maximum protection term is 25 years.
🔹 Rights and Enforcement
The registered owner has exclusive rights to use, license, manufacture, or sell the design.
Enforcement remedies include injunctions, damages, and seizure of infringing products.
Legal actions can be taken through Turkish courts, and customs enforcement is also available.
🔹 Unregistered Designs
Turkey does not provide protection for unregistered designs.
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