Design means a whole consisting of various components and properties perceivable by human senses such as decoration, line, shape, form, color, tissue, material or flexibility of a product or part of a product.

REQUIREMENTS FOR DESIGN REGISTRATION

• Innovation

If the same of a design is not offered to the public anywhere in the world before the date of application or priority, that design is deemed to be new. If two designs differ only in small details, they are deemed to be same. Designs are compared by placing them side by side as well as looking at them separately. When determining an innovation, a superficial examination is made against a distinctive property.

• Distinctive quality

The term distinctive is used to specify the qualities and properties peculiar to a thing. If a significant difference occurs between the general impression of an industrial design on a well – informed user and the general impression of another design on the same user, such a design has a distinctive quality.

The level of difference shown by a design compared to other designs in respect of distinctive quality should be in a significant difference.

• Product or part of product

A design independent from a product is not legally protected.
A design to be protected should apply to a product or part of it.

Products are listed in KHK (Statutory Decree) to be objects, compound systems or parts of such a system, sets, tools, packages, compositions of multiple objects or presentations perceivable together, graphic symbols and typographic characters.

• Appearance perceivable by human senses

Design is a property and concept related with the appearance of a product. Design properties address first to the human sight and also perceivable by other senses.

PROTECTION TERM
A registered design owner is given an Industrial Design Registration Certificate. Protection term for registered designs is 5 years from application date. It is possible to extend it upto 25 years by renewing 5 – year each terms.

DOCUMENTS REQUIRED FOR APPLICATIION TO DESIGN REGISTRATION

• Application form
• Fees
• Power of attorney
• Signature warrant
• Priority certificate

Application form and fees are required for all the applications and the other documents are required for the followings:

• Power of attorney : in case of appointing proxy registered in the Institute’s proxy register, in order to carry out the transactions in the Institute.
• Signature warrant: in case of a legal person’s application and not appointing a proxy.
• Priority certificate and its Turkish translation: in case of requesting a right to preference in the application.