TÜRKIYE Law and Practice Contributed by: Meltem Manav and Yeşim Kumova, KM Legal
to the public anywhere in the world prior to the filing or priority date. Individual character is assessed by comparing the overall impression created on the informed user by the design in question, whether registered or, in the case of unregistered designs, first disclosed in Türkiye with the overall impression created by earlier designs. An informed user is a person who is familiar with the design, has knowledge of it and possesses a certain degree of experience. An unregistered design refers to a design that has been disclosed to the public but not registered and is protected for a limited period under the IPL. Unregis- tered design rights also constitute an industrial prop- erty right. Pursuant to Article 69 of the IPL, the term of protection for unregistered designs is three years from the date on which the design was first made available to the public. The exclusive right conferred on the holder of an unregistered design is limited. The right to prohibit is confined to preventing copying of the design. Accordingly, unregistered design rights cannot be enforced against third parties who have independently created the design; the design must have been copied. 4.3 Registration and Term A design application is filed with TURKPATENT. The registration fees are as follows for 2026: • design application fee (single design): TRY2,070.00; • additional design application fee: (a) 2nd design: TRY1,674.90; (b) 3rd–5th designs (each): TRY318.70; and (c) 6th and subsequent designs (each): TRY760.00; • publication fee (per 8 x 8 cm area): TRY280.00; • deferment of publication fee (per design): TRY280.00; and • fee for issuance of registration certificate copy or registry extract: TRY2,090.00. If the application fees are not paid and information evidencing payment is not submitted within the pre-
scribed period, the application shall be deemed not to have been filed. The registration process comprises formal examina- tion, novelty review, publication, opposition and reg- istration. If no deficiencies are found, the filing date is finalised and the design is registered and published; protection starts from that date. Refusals may be appealed within two months, and such decisions may be challenged before the Ankara IP Courts within the same period. Applicants may request deferment of publication at fil- ing. Third parties may oppose within three months on grounds such as lack of protection requirements, bad faith or unauthorised use of IP rights; oppositions are reviewed by TURKPATENT. Even unopposed designs in multiple applications may be invalidated ex officio. Registered designs are protected for five years, and renewable up to 25 years. Unregistered designs are protected for three years from first public disclosure, which excludes confidential disclosures. 4.4 Enforcement and Remedies Pursuant to Article 81 of the IPL, design infringement includes, without consent, producing, marketing, sell- ing, offering, commercially using or importing prod- ucts incorporating a protected or indistinguishably similar design, as well as unauthorised extension or transfer of licence rights and usurpation of the design right. Where a design is filed or disclosed by a non-rightful owner, the true owner may seek transfer or recog- nition. If published, the rights holder may bring an infringement action; publication is not required if the infringer is aware, and bad faith may extend liability to pre-publication acts. For unregistered designs, pro- tection arises upon disclosure. Remedies include determination, prevention and ces- sation of infringement, removal of effects, damages, seizure (and, where necessary, destruction) of infring- ing goods, and publication of the decision. Interim measures are also available.
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