Like many intellectual property rights, designs are only valid in the countries where they are registered. If the design subject will be used abroad, it is also necessary to apply for design and get protection in those countries. Especially if there are countries where the exporter companies export and they plan to export in their strategic plans, they need to make design application in also those countries in 6 months at the latest from the date of their application in Turkey. 6 months limit for application abroad is by international Paris agreement in which Turkey is also included. If the design passes 6 months for application abroad, it is not accepted as new, therefore, the design is rejected since it will not meet the “innovation” criterion, the first of the patent requirements.
For a right holder who wants to internationally protect the design of which he/she made the application in Turkey, three ways are available;
- Application of Classical Territorial Design in Related Countries: Such an application is valid at any time after not exceeding 6 months from the date of first application. The design applications in the world are generally similar. But sometimes they can differ from each other. Therefore, if a design in Turkey can normally be registered according to the laws of the related country, the application is prepared according to the laws of that country. Applications are made by the patent attorney of that country as in the patent and trademark. The application of territorial design is generally a long and expensive way. However, if the probability of success on territorial or collective application systems is low or if the country concerned is not included in these agreements, it can be used.
- International Application with The Hague Convention: Turkey has been a member of Geneva text of the international Hague Convention (1999) since 2005. In the countries included in this convention, a single application provides design protection. A design owner in Turkey can receive registration from 17 countries included in The Hague Agreement (99 Geneva text) including Turkey. According to this convention, an application is made to WIPO (World Intellectual Property Organization) and operations are executed by WIPO. This results in both standardization of operations and substantial cost savings.
- Regional Design Application: Regional design protection can be provided for the countries included in a region like European Union countries and some African countries with a single design application. The main advantage of this system is obtaining a common protection in the countries in the region with a single application. In relation to that, the one which most interests Turkey is the European Union Design Protection (Community Design). 27 European countries included in this protection is called Community Design protection. OAPI design protection is available in some African countries.
The most important thing in international design applications is well-known relevant country practices and international practices. By international agreements, attorneys of one country cannot trade in another country. But if you want to trade in another country, it is necessary to contact the attorney of that country and make transactions. The second important issue in this case is to know well the representative of the relevant country. Normally an attorney can be found online and works can be delivered to him. But all intellectual property rights are important and delivering work on such an important issue relying solely on the information on the websites can sometimes cause irrepressible damages.
KORDİNAT conducts international design protections with well-informed and experienced patent attorneys. The attorneys it cooperates abroad are attorneys working reliably and with optimum costs thanks to many years of cooperation.