Ata Patent Inc. is a globally recognized Turkish IP law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Ata Patent Inc. has assembled an experienced group of Turkish design patent lawyers to help clients obtain, protect and enforce intellectual property rights including design patents in Turkey. Our Turkish design patent lawyers provide a broad range of design patent services including; application, registration, protection such as litigation, appeal, opposition, cancellation, renewals, assignment, search, and licensing.
Design Patent Law in Turkey
Ata Patent Inc. guides its clients through the maze of regulations and procedures involved in obtaining a design patent in Turkey. Your intellectual property is the most crucial aspect of your business’ ability to thrive and, in today’s global, competitive market, protecting your design patent is more important than ever. Registering a design patent not only protects your business or innovation from being stolen or misused, it also gives you an asset that can be licensed and sold..
As a leading Turkish intellectual property firm, Ata Patent Inc. has the expertise and practical experience to develop and then implement a design patent strategy that safeguards your brand, your intellectual property, and your investment. We make sure you and your design patent are completely protected, so any profits derived from your asset end up in your back pocket.
Additionally, our firm provides design patent prosecution and counseling services in a wide range of technical and business areas, in almost every industry, and in both the retail and commercial markets.
How Long Is Industrial Design Protection In Turkey?
The term of protection of the registered designs in Turkey is 5 years from the date of application. The term of protection may be extended up to 25 years in every 5-years renewal period.
What is the Difference Between the Designer and the Person Claiming Registration?
Any may claim for design right. The holder of design right is who manufactures, markets, sells, contracts and uses the design commercially. The designer is the person who actually made the design.
What is Multiple Application? What are the Provisions for Multiple Application?
The multiple application is the claim for protection for more than one design in a single application. In order to make multiple application, the products should; belong to the same sub-class, or belong to the same set, or peaces of unfield product or be compounded with aggregately perceived multiple objects and presentations.
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. 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.
Turkish Design Patent Application Lawyers
Referring to a published design for a period of 6 months from the date of publication, the natural or legal and real persons, related professional organizations may file an opposition in Turkish Patent Institute against the issuance of a particular registration certificate provided that such an opposition fulfills 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 organizations 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 Re Examination 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.
Turkish Design Patent Services
Ata Patent Inc. attorneys’ expertise affords our clients the fullest range of design prosecution services and capability to render such advice:
- Preparation and filing of design patent applications
- Comprehensive prosecution services in Turkish for utility and design patents
- Coordination of design patent prosecution in foreign countries and regions
- Prosecuting interference contests to resolve priority in invention
- Design patent appeals to the Board of Patent Appeals and Interferences of the Turkish Patent Institute
- Rendering legal opinions on the strengths and weaknesses of design patents
- Rendering legal opinions on patentability, right-to-use, validity, enforceability, and infringement
- Design patent infringement litigation before Turkish Courts
- Design patent appeals at the Turkish Supreme Court
Design Patent Infringement and Penalties in Turkey
Imprisonment or fines shall be applied on those who make false statement in the fake capacity of design right holder or those although not granted any authorization, who remove the signs on the goods or packages which evidence the design protection or those who pretend that they are the applicant or the holder of any design right.
Although it is already known or should have been known that there never existed any proprietary right, those who transfer, issue, encumber or possess the licenses or any of the design rights or those who place any sign which may connote legally protected right onto the goods/ packages/ commercial documents/ advertisements manufactured by themselves or any other person or put on sale in the case of expiration of the protection period or null design rights or cease of the rights arising from registered design are sentenced to imprisonment and fines. In addition to the imprisonment and fines, in the case of infringement to the design rights the place of businesses of those are closed not less than one year and they are prohibited from dealing with commercial activities within the stipulated period.
Is Turkish Industrial Design Registration Valid in the World?
Registration of any industrial design provides national protection to the holders. In other words, the protection through registration is valid only within the boundaries of the country of registration. Therefore, if it is claimed to protect the design in more than one country, it is the best way to file an application to the offices in each of the countries where the protection is to be claimed, separately. However, since it has been observed recently that any separate application to each of the offices in such countries has led to several problems in terms of different application processes and use of different languages, there established systems which provide protection in more than one country through a single application to be made. For this specific purpose, The Hague Agreement Concerning International Deposit of Industrial Designs was put into effect in our country on January 01, 2005.
Legal Proceedings of Amendments to the Application and Registration of an Industrial Design?
It is possible to transfer the design application or the registered design to another person. In addition, the right of utilization obtained through design rights may be the subject of the license agreement, that is to say, it can be leased to another person by means of a contract. It is also possible to transfer the design rights to the successors through inheritance or to pledge the same. Such legal proceedings on the registered designs and the changes in address, title or such other particulars of the holder of the design rights should be entered into the industrial design records in order to make such procedures meaningful in the vicinity of the third parties. Therefore, it is of great importance to notify such procedures and changes to the Turkish Patent Institute.
Reach our Turkish Design Patent Lawyers
Since its foundation in 1996, Ata Patent Turkish IP Law Firm, has been the choice of numerous clients throughout the World. Thanks to its nationally recognized design patent law practice, our ip firm is now one of the leading intellectual property law firms in Istanbul, Turkey. For a free consultation you may reach our Turkish design patent lawyers by sending an e-mail or through our Contact page.