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Turkish Design Patent Registration Law

The registration process of the industrial designs in Turkey is formed up four main processes which can be summarized as formal examination, registration into the industrial design records and publication, oppositions and certification. Formal examination: It is the initiative examination of the application carried out in accordance with the provisions in Article 3 of the relevant Decree in the Force of Law together with the examination to be executed under the terms stipulated in the Regulation. The initiative examination is the examination of the applications in accordance with the definitions of the products and designs under this particular clause and rejection of the applications which do not comply with such definitions. The formal examination is the examination to verify whether the required documents are submitted in the course of application or not and if submitted whether they are comply with the clearly made statements in the articles of the pertinent Regulation or not. Any application for design registration is not examined according to the criteria such as “novelty” and “individual character”. Therefore, in international level, except for several countries, the registration of an industrial design is referred to as a system with no examination (in terms of “novelty” and “individual character”) based on opposition as generally accepted. According the laws currently in force the criteria of “novelty” and “individual character stipulated as protection conditions should be recognized world-wide and since the materials used anonymously and in a recognizable manner comprise substantially subjectivism and difficulties in the determination of criteria to make such a distinction, it is considered that the actual case will be that the initiative examination will focus on the persons to be examined which is to lead to a confusion and therefore the system without opposition is adopted for the registration of the industrial designs. The applications that are complete as a consequence of the above examination, shall be registered into the design records and published in the Official Industrial Design Bulletin.

Referring to a published design for a period of 6 months from the date of publication, the natural or legal legal and real persons, related professional organisations may file an opposition in Turkish Patent Institute against the issuance of a particular registration certificate provided that such an opposition fulfils the requirements stipulated in the pertinent regulations and the grounds of opposition clearly described. The opposition and the justification for such an opposition are delivered to the person claiming for design rights. With respect to any design already published, the persons and the Professional organisations may file an opposition against issuance of a registration certificate within six months from the date of publication, depending on the fact that the design is not new and does not have an individual character or the design presents on holding the rights for such a design. The opposition made is examined by the ReExamination and Evaluation Committee under the light of the documents submitted to verify the right holder or the novelty and individual character terms. In case no opposition is made within the legally stipulated period of 6 months or as a result of the refusal of the oppositions, the certificate of design registration is to be forwarded to the applicant. In case the opposition period of 6 months expires, the matter can be referred to the courts for the cancellation or invalidity of the design registration.

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