Industrial Design

In today's competitive conditions, companies put forward their product image to their advertisements by way of trademark and design in order to provide customer satisfaction. Important factors affecting customers' initial purchasing decisions are the trademark of the product and its visual characteristics, or design if any.

In the legislation of current design, the design was defined as "a whole or a part of a product, or a whole or a part of the ornamentation of the product formed by various elements or features perceived by human senses such as line, shape, form, color, texture, material or flexibility."

Industrial application of design falls under the field of industrial products design. Design made with the observation of a variety of criteria such as aesthetics, functionality, ergonomics, material knowledge, marketability, production methods and possibilities aimed at consumer needs and problems for mass production is named industrial design or industrial products design.

The purpose attributed to design in the industry is to contribute to the functionality of the product and to help the advertisement of product by changing its image. While consumers are choosing between two products that are the same in terms of material quality and technical maintenance, the design of the product plays a big role. Sometimes it can even be the only determinant in the customer preferences. At this point, registration of a product and package designs which have importance, by design company and owner of a company has become significant.

Requirements for the Design of Industrial Design Registration are:

Innovation: If the same design is not presented to public anywhere in the world before application or privilage date, this design is accepted as new. Designs are considered the same if they differ only in small details.

Distinctive character: The Distinctive concept is used to specify attributes, characters that are specific to something. If a distinctive difference exists between the general impression that an industrial design leaves on the consumer and the general impression that another design leaves on the consumer, it can be said that this design has a distinctive attribute.

Product or part of a product: Design which is independent of a product is not put under protection. The design which is a subject of registration must be applied to a product or part of the design.
"Industrial Design Registration Certificate" is given to the owner of registered design. Design protection is 5 years from the date of application. This period can be extended for a total of 25 years by renewing every five years. Once registered, design right belongs to the designer or its legal successors. The right and authorization of design use belong exclusively to the designer. Third parties may not produce, market, sell, contract, import, commercially use or acquire a product which is designed or applied to design without the consent of the owner of the design right.

Review of the Application:

The design registration application is reviewed by the Turkish Patent Institute in terms of application type, application right, priority right and absolute refusal reasons (such as designs contrary to public order and general morality). Registered designs are announced each month in the Official Bulletin of Industrial Designs. Announcement deadline is 6 months. Registered designs that do not have objections within the deadline of the announcement are protected by giving the Industrial Design registration certificate.

Rights Provided by Industrial Design Registration:

• Exclusive Usage Right
• Prevention of imitation
• License
• Assignment / Sales
• Heritage

Penalties for Unauthorized Use, Penalties:

• Fines (15.570 – 51.150 TL)
• Imprisonments (1 – 4 YEARS)
• Product Recalls
• Seizure of Production Vehicles and Goods, and their Destruction
• Penalties For Pecuniary and Nonpecuniary Damages

Protection of Industrial Designs in Turkey:

5 years from the date of application.
Periods of up to 25 years may be extended for periods of five years per extension.