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Industrial Design

Nowadays, designs of products, which affect the choices of consumers substantially, are most of the time regarded as equivalent to quality and trademark. As a matter of fact, they are the most important factors beyond the purchases. Consequently, the protection of original, distinctive and new designs through registration is important in terms of creating a difference in the eyes of consumers as well as the legal rights it grants.

Through registration of industrial design, the right to prevent others from using industrial design for commercial purposes without the permission of the owner thereof is granted.

This right deters the imitation of original, new and distinctive industrial designs and the losses of rights. For this reason, it is very important that application for registration is lodged before industrial design is placed in the market.

Application for registration has to be lodged within one year as from the date the product is placed in the market. Otherwise, the product is considered to be public property.
Registration and protection of industrial design is carried out pursuant to Decree Law 554.
Industrial design should bear the following two criteria in order to be registered;

1-The criteria of Innovation
An identical design to the subject industrial design should not be presented to public in any country before the date of application or priority claim.

2- The Criteria of Distinctiveness
There should be a substantial difference between the overall impression evoked by industrial design on the sophisticated users than the general impression evoked by any other industrial design. The idea that it is enough to make a number of changes or to implement a 25-30 % change of design is inaccurate.

 

 
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