Design Rights
Definition
Design is the appearance of all or a part of the product or the ornament on it resulting from features such as line, shape, form, color, material or surface texture. With the design legislation, innovations and differences in the appearance of the products are protected. Designs are protected nationally and internationally by registration.
How Can Regis Assist You?
Regis conducts your design application processes and protects your designs through registration. It completes additional processes such as objection, lawsuit, transfer of rights, licensing, renewal, valuation regarding the design. It takes measures to prevent third parties from making unfair use of the design.
Application and Registration
Definition
In order to protect design rights, the registration process takes place with the application to be made to the Turkish Patent and Trademark Office (TURKPATENT). Within the scope of protection, the rights arising from the design belong exclusively to the design owner and third parties are not allowed to use the rights related to the design without the permission of the design owner. The registered designs are protected for 5 years, this period can be extended up to 25 years with renewals.
How Can Regis Assist You?
Regis conducts your registration process of your design by considering your needs and carefully following the steps required by the legislation. Your design is protected from the date of application, every step of the process is reported. Objections to your application are examined and necessary steps are taken to ensure that the application can be registered.
Regis takes an active role in the evaluation process of objections to your registration application. In addition, Regis takes an active role in the objection processes for the registration applications made for the protection of your design. Regis conducts the processes of resolving the objections efficiently and effectively before they reach the dispute stage.
Objection to Application
Definition
Applicants may object to the decisions made by TURKPATENT regarding their registration requests, and third parties may object to the application made for the registration of the design. Objections are examined by the Re-examination and Evaluation Board within TURKPATENT.
How Can Regis Assist You?
Dispute Resolution
Definition
The main disputes that arising related to design right consist of resorting to an action for annulment against the decisions of TURKPATENT, requesting the invalidity of a design registration or the disputes arising from the violation of the design right. In addition to these, disputes arising from the commercial use of the design right are also considered within the scope of dispute resolution.
How Can Regis Assist You?
Regis conducts the litigation processes to be heard in the Intellectual and Industrial Rights Court for the annulment of the decisions made by TURKPATENT. Regis carries out the litigation activities related to lawsuits arising from infringement of the design right, prevention and removal of infringement and claims for material, moral and reputation compensation. Regis provides consultation services on resolution of IP disputes with efficient and effective methods, by evaluating litigation and alternative solution options.
International Registration
Definition
There are three methods that are frequently used in order to ensure that the designs registered with TURKPATENT are protected abroad. The most frequently applied one is to obtain protection in more than one country through the WIPO International Bureau. In addition, it is possible to obtain the protection of the design in European Union countries by requesting Community Design registration. It is also one of the options that can be preferred to make an individual application to the countries where protection is requested. Other regional systems that provide ease of application (BenELUX, Euroasian Patent Office, ARIPO) should also be evaluated according to the usage areas of the design.
How Can Regis Assist You?
Regis helps determining the most suitable protection zone for your design, considering your needs. Regis carries out the necessary application, renewal and objection procedures in order to provide protection in the designated area or areas. Regis takes the necessary actions against similar designs or intrusions in these territories.
Transfer and Licensing
Definition
Under Turkish Law, design can only be created by natural person, the designer must be a natural person. However, the right ownership regarding the design can be transferred to natural person or legal entities. Financial rights related to the design can be transferred. Simple or full usage can be authorized to third parties by licensing activities.
How Can Regis Assist You?
Regis regulates the transfer of financial rights regarding the design by licensing and franchise agreements. Regis carries out the contractual processes for the optimum protection of the rights of the right holders arising from the design while bringing the design into commercial life in accordance with the legislation.