The word design is used in many areas. Generally, when it comes to design, it is understood designing a product or system in the sense of engineering especially in technical people. However, design in terms of intellectual property is the view composed of various elements or features that can be perceived by the human senses, such as the line, shape, color, form, texture, flexibility or ornament rather than technical elements. Most generally, visual innovations in two-dimensional and three-dimensional, i.e. patterns and models, are understood. Although it is referred to as industrial design in many literature, only the term “design” is used recently. It is also mentioned in the Industrial Property Law no. 6769 as design.
Because design is a study emerging non-technological and with direct human mind and education, applying to products is cheaper than technology and developing new products. At least it does not require high investments like R&D.
The effect of design in today’s competitive environment can be seen in many fields from car design to carpet design, from the design of the website to the packaging design, from garment design to ceramic pattern, from fabric design to furniture design. In many areas, without advanced technology or new product development activities, there can be found a successful design that attracts the attention of the consumer, or even makes them fall in love for purchase. These successful designs, undoubtedly, are the works that directly affect sale and increase competitiveness. If designs have a monetary value – most design is made to be successful in the market -, then it must be protected.
The design protection is carried out in accordance with the design provisions of industrial property law no. 6769. Being new and distinctive of a design allows its registration. The registered designs are protected for 5 years and they can obtain 25 years of protection by extending 4 times. According to the design provisions of industrial property law no. 6769, a design does not necessarily have to be registered to be protect! A design is protected as an unregistered design if it is presented to the public for the first time in Turkey. Therefore, there are two conditions for the protection of a design as unregistered design under industrial property law: that the design was first presented to the public; and that this presentation has been made in Turkey. Since that the design should be presented to the public for the first time is a condition that must be completed in registered designs, it is not a new concept. The requirement that the first presentation mentioned is presented in Turkey is based on the principle of territoriality.
KORDİNAT offers consultancy and attorneyship services to its customers on from creating design strategy to design application and registration in Turkey and all over the world, from procedures after registration to design infringement analyzes that will make their companies maximum advantage in the design cases they face.