Design Research
With the design research, companies can see the designs of the companies operating in their sectors. Thus, by seeing registered designs, unintentional design infringements can be avoided.
More InformationA design can be two-dimensional or three-dimensional. For example, the appearance of a food processor can be subject to design. Similarly, a fabric or carpet pattern may also be the subject to design. Even a part of a product may be subject to design. Like the headlights of a car or the door handle of a refrigerator. A design must have a new and distinctive character in the world in order to obtain a protection application for intellectual rights.
If a design is as far as anyone knows and new in the world, it provides a requirement of design protection. The innovation implied is that the design has not been released before. For any reason, it shouldn’t be more than 1 year after releasing cases such as fair, exhibition etc.
If a design is different from its counterparts, it has a distinctive feature. Distinction expresses that there is a clear difference between the overall impression of a design on the informed user and the overall impression of any design on such a user. In the evaluation of the distinguishing quality, the emphasis is on the evaluation of the common characteristics of the designs compared to each other rather than their differences and how much freedom the designer has in terms of developing the design is considered. As mentioned a lot in the market, in order to register a design, expressions like there should be “7 different features” or “50% different” are absolutely wrong.
It can obtain legal protection through a design registration that meets these requirements.
In the design protections carried out by KORDINAT, a design application and registration generally goes through the following stages;
ç) Inconvenient use of sovereignty signs covered by 6. Repeating of Article 2 of the Paris Convention and signs, badges, insignia, or naming which have become public in respect of religious, historical and cultural values and which are not authorized by the relevant authorities out of this scope but regarding public.
Within the scope of paragraphs (b) and (ç) of the sixth paragraph, if the refusal decision is only for a part of the design, only the part related to that section is decided to partially refused. As a result of partial refusal, for the continuation of the registration, the remaining part must meet the protection requirements and retain the design identity.
The two most important elements in design is that the product or part of the design is new and distinctive in the world. Of course, this innovation should be understood as visual innovation, not technically or functionally.
For design applicants, defense against objections is vitally important. Basically, design is made to be competitive in the sector and for more profit. To make these two situations permanent can be possible with design registration. At least design registration is a strong tool here. In order to prevent this power or right from being lost by an objection that has been registered, it is necessary to give a strong answer against design appeal and the appeal should be disenabled.
Unregistered Design Protection;
If it was presented publicly for the first time in Turkey, the unregistered designs are preserved for 3 years within the scope of 55. Article 4. Paragraph, 56. Article 4b Paragraph, 59. Article 4. Paragraph of Industrial Property Law No. 6769. The unregistered designs gives the right to prevent only the same or generally indistinguishable copy of the protected design from being copied to its owner. This application is more important especially for fast moving consumer goods and fashion industry.
For its customers to use their designs effectively in competition, KORDİNAT conducts design application, registration and management procedures with experienced attorneys in the industry. Effective management of design application is combined with a well-designed competitive strategy, there will be undoubtedly important advantages for companies.
With the design research, companies can see the designs of the companies operating in their sectors. Thus, by seeing registered designs, unintentional design infringements can be avoided.
More InformationA design can be two-dimensional or three-dimensional. For example, the appearance of a food processor can be subject to design. Similarly, a fabric or carpet pattern may also be the subject to design.
More InformationTo produce design and monopolize these designs with registration is an important advantage of innovation strategy. Making innovation with design is cheaper and easier than making serious R&D investments to develop products, methods and systems technically.
More InformationLike 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.
More InformationDesigns can be subject to transactions made in all properties such as sale, leasing, inheritance etc. The most used ones of these transactions in the market are license (lease) and transfer transactions.
More InformationIt is possible for a company to face patent infringement proceedings while their business is improving. On the contrary, while a company has a good design and wants to make good profits, competitors can imitate its designs and prevent it from reaching desired sale.
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