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
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.