Industrial Design in Turkey

Searches with respect to prior art and similarity of industrial designs are conducted within the on-line search database of the Turkish Patent Institute (T.P.I.). Design searches in Turkey are performed on the basis of various criteria such as product name, applicant / registrant name, and Locarno classification code. Deris also performs comparative work of the visual representations of the design registrations identified in their search results.

Prior to the registration of the design, the T.P.I. will not perform examination based on the criteria of “novelty and “distinctive character.” The T.P.I.’s examination is limited to formal aspects of the design application. Design registrations are published in the Official Design Bulletin for third party opposition purposes. Deris does provide clients with publication watch and monitoring services for post-registration opposition in Turkey. Oppositions can be lodged within six months from the publication date. Deris periodically provides reports on the monthly published industrial design registrations that are based on preferred criteria.

• Which products are covered under industrial design protection?
• What are the patentability criteria for industrial designs?
• Is there an examination procedure for determining novelty and distinctive character?

Deris Patents and Trademarks Agency provides filing and prosecuting services for single and multiple design applications through their patent and trademark attorneys in Turkey. These services are performed before the Turkish Patent Institute and the International Bureau (WIPO) through the international design registration system.

To benefit from protection, the law requires that the design to be registered is new worldwide and has a distinctive character. The criterion of absolute novelty prevails and the designs differing only on trivial details are deemed to be identical. Prior to the registration/publication of the design, the T.P.I. does not perform an examination based on the criteria of “novelty” and “distinctive character”.

Deris design department is active in preliminary screening/search and consultation on the registration of and enforceability of design(s), drafting and preparing design description(s), preparing and submitting any reply to the third party opposition(s) lodged, and reporting administrative decision(s).

Deris also duly reports to their clients the content of the opposition lodged by third parties during the publication period of their designs, along with third party observations and documents of evidence. Deris prepares objection to the oppositions of designs registration in Turkey on behalf of their clients.

• Can a multiple industrial design application be filed?
• Should the designer be identified when filing an industrial design application?
• Is a description of the indusrial design application required?
• Is a Power of Attorney required during filing?

Deris Patents and Trademarks Agency provides strategic consulting and administrative procedure management of industrial design applications for securing registrations in other countries. Deris do this by working through their network of correspondents and directly with international authorities such as WIPO, as well as in collaboration with their allied office, Sedin S.A.

Currently, Sedin S.A. acts as the international platform of our firm and handles all IP Matters outside Turkey for our clients. According to a mutual agreement, Deris assigns to Sedin all work received from its Turkish clients involving all IP matters including opposition to be filed and prosecuted in Switzerland and in any other country of interest. In return, Sedin asssigns to Deris work received from its clients worldwide involving all IP matters and IP consulting in Turkey, including opposition and litigation to be filed and prosecuted in Turkey.

Deris Patents and Trademarks Agency provide services for the recordal of changes of owner and ownership against industrial design registrations/industrial design applications in Turkey. Changes include change of name, change of address, change of legal form, assignment, merger, license, etc. The recordal of such changes is not mandatory, however the rights conferred by such changes cannot be invoked against third parties in good faith unless and until they are duly recorded in the Industrial Design Register.

Deris Patents and Trademarks Agency provides design renewal services through an integrally computerized system in Turkey. Renewal fees are due six months prior to the renewal due date. A fine will be imposed within the subsequent six months should payment not be received on time. Periodic reminders for payment are sent three times during these six months and the subsequent six months with fine.

Deris does receive renewal instructions via their website at www.deris.com.tr. By using their reporting tool you can create a Renewal Instruction list for all industrial designs due for a period determined by the client. If you send renewal instructions on-line you will receive a 10 % rebate on Deris service fees. On-line renewal instructions are immediately recorded in their real files and the design is noted in their payment lists for the respective month, without delay.

Special reduced prices are also offered to clients who prefer an advance payment option, which may be selected when sending instructions on-line.

• How long is the protection period for industrial design patents?

According to the post-registration opposition system prevailing in Turkey, opposition(s) may be lodged against a registered design within 6 months following its publication. Deris Patents and Trademarks attorneys provide their clients services for preparing and lodging oppositions against third party design registrations published in the monthly Official Design Bulletin.

• What are the conditions that do not destroy novelty of industrial designs?
• Is there an opposition period for industrial designs?