What is Design?
A product, or a part of it, or decorative signs like line, shape, form, colour, supplies, elasticity and the other factors and features which can be perceived by human sense, described as design according to decree law no.554.
Why Design?
Meeting the customer's expectations for raising up their satisfaction, increasing quality of products and making effective marketing solutions were the only way to step formward among other role-player companies in the growing economical competition area. But today most companies have reached their goals by designing original and attractive products.
Many researchs prove that appearance is as effective as brand, quality and price in customers' product choices. Apperance of the product has the most important role, when a customer hesitate between two similar quality products. Therefore, new, ergonomic and artistic designs which can meet the ever-changing human demands provide huge economic benefit to the designer.
Why should I protect my Design?
With the protection, nobody can use the design for commercial purposes without holder of design's permission. By this protection, the social and economic returns to investments are obviously increasing. Otherwise unprotected designs can be stolen, replicated and imitated. In former cases this design right will be getting difficult to revindicate.
Which Designs can be protected?
Since 1995 designs are protected by Decree Law No.554. Conditions of application for registration are "innovation" and "distinguishing qualification". When the design was shown to public in anywhere by someone else before the application date , it fail to comply with condition to be "innovation" The "distinguishing qualification" means, having a clear difference between protection demanded design and similarity adduced design. If designer or other authorized person made the design public within the period of 12 months before the application date, innovation and distinguishing fact will not be affected.
Which Designs can not be registered?
A design which is contrary to public policy or against public morality or failed to comply with conditions to be "innovation" and "distinguishing fact", can not be registered. Also using the technical ability of a product leave no option for other designing features to a designer, this product can not be registered.
What is protected with Design Registration?
This system is protecting the officially registered design's appearance.
- production management
- uses of product
- functional features or technical benefits
can not be protected with this registration.
In other words design registeration does not comprise the usage of product. The products which have been used for the same function for many years, might have a different appearance today and through, this can be protected with design registration. Design registeration does not protect extended benefit or functional features of a product, it protects design features.
Applicant can reduplicate design or designed products registeration up to 4 times and extend the protection for 25 years.