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Industrial property law in Turkey
date: 2016-12-22

For designs registered under the new law, It can be protected as a registered design. As far as the designs were concerned, they were made public for the first time in Turkey (Not yet registered under the new law) , Such designs can also be protected as unregistered designs under the new law. These new regulations are mainly for certain industries for a certain period of time (Such as textiles, Clothing and packaging industry) The exterior design provides protection, Because trends in these industries change very quickly, The corresponding manufacturers often do not want to submit registration applications for this.


The period of protection of the registered design shall remain unchanged, namely 5 years. People every 5 The exterior design will be renewed in 2005 (The protection period can be renewed until 25 years) . According to regulation 69 article 2 Provision of paragraph, The term of protection of an unregistered design shall be after the design is made public for the first time 3 Annual time.


According to regulation 59 Provision of article, Put a design on the market 3 After the year, If someone tried to restore the original appearance of the product, If parts related to the appearance of the said products are used solely for maintenance purposes, Then this behavior will not be regarded as a violation of the design rights. Of course, That is, if there is no dispute about the origin of the parts.


In addition, According to Turkish science, Regulations issued by the Ministry of Industry and Technology, After a design has been put on the market 3 Equivalent parts are used during the year (equivalent parts) Will not be deemed to infringe the rights of the design. These provisions are mainly intended to support the development of the auto supply industry, And provide consumers with an opportunity to get these products at a low price. According to regulation 56 Provision of article, Intangible of product (invisible) Parts will not be covered by the law.

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