What is an industrial design?
'Design' means the entirety of the various features such as lines, colour, texture, shape, sound, elasticity, material or other characteristics perceived by the human senses of the appearance of the whole or part of a product or its ornamentation.
What is a product?
'Product' means any industrial or handicraft item, parts of a complex system, sets, compositions of items, packaging, get-ups, graphic symbols and typographic typefaces, excluding the computer programmes and semi-conductor products.Endüstriyel tasarım hakkında mevzuat hangisidir?
24/06/1995 - 554 sayılı Endüstriyel tasarımların Korunması Hakkında Kanun Hükmünde Kararname
What are the terms of protection?
Protection shall be granted to a design which is new and has an individual character. Designs of products which are parts of complex items shall be protected if and when the design of the part itself is new and has individual character.
What is novelty?
A design shall be considered new if before the date of reference no identical design has been made available to the public in the world. Designs differing only in immaterial details shall be deemed to be identical. To make available to the public shall cover of all actions of sale, use, publication, publicity, exhibiting, or such similar activities.
What is indivisual character?
A design shall be understood to have an individual character if the overall impression it creates on the informed user is significantly different from the overall impression created on the same user by any design referred to in the second paragraph of this Article.
In order for any other design to be compared for the purposes of determining the individual character of a design;
a) It should have been made public in Turkey or in the world before the application date.
b) It should have been published by the Institute as a registered design, and that the protection period has not expired at the application date of the design with which it shall be compared.
In the assessment of the individual character, the emphasis of evaluation shall be on the common features of the designs and the degree of freedom of the designer in developing the design shall also be taken into consideration.
Disclosures that will not prejudice Novelty or Individual:
If a design for which protection is claimed has been made available to the public during the twelve-month period preceding the date of the filing of the application or if a priority is claimed twelve month period preceding the date of priority, by the designer or his successor in title or by a third person having their approval or in abuse of the relation with the designer or his successor in title, such disclosure shall not effect the novelty and individual character as specified.
Term of Protection of the Registered Design:
The term of protection of the registered design is five tears from the date of filing of the application.
The term of protection is renewable for periods of five years each up to a total term of 25 years.
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