Design Registration Procedures, Firms develop designs that make a difference in order to gain superiority over their competitors in the market and to establish a sustainable economic system. These designs can be targeted by other companies as they are products that are found in all areas of our lives and affect our daily lives. In such a case, competitors can develop products using your design.
The only way to avoid this situation is to save and protect your Industrial Designs. In this way, depending on the nature of your registration, your design will be protected in Turkey or all over the world and thanks to the contribution of your Registered Designs to your Brand image. your company will grow with confidence.
AG Audit has the experience and knowledge to protect the designs of worldwide companies with its Domestic and International Industrial Design Registration services. AG Audit supports the preservation of the originality of your design in the long term by intervening immediately in similar design applications that may occur in the process after the Registration of Designs.
What is Design Registration?
Industrial design is the design or development of all or part of the product in an innovative, practical and production-friendly way in order for brands to stand out in the sector by influencing their customers.
Industrial design activities, which are a very important advantage for companies that want to stand out among their competitors, should be protected in a way that does not harm the business by imitation. The way to prevent industrial designs from being imitated and harming the company is design registration.
Why is Design Registration Important?
In the conditions of increasing competition with globalization, businesses want to stand out in their own sectors. One of the most important factors that enable businesses to gather the interests and preferences of their customers on their own products is the design of the products.
An example of this is the logoless advertisements of some beverage or chips brands. The designs of these brands are so established that the customer does not need a brand name or logo to recognize the brand. How important design competes shows that the brand can only coexist with design. If you are also interested in the subject, come to AG Audit right away.
Why Should You Register Your Design?
Design registration provides design protection by preventing your design from being used, manufactured, marketed, imported or used for commercial purposes without permission.
As a matter of fact, design registration brings legal protection to the design and ensures that the returns from the design are long-term and sustainable. It prevents the design, which is a product idea, from being used in commerce without the permission of the owner and protects the rights of the design owner.
Use of designs by third parties in violation of registration may result in serious consequences such as imprisonment, fines or trade ban. This prevents design owners from suffering commercial losses while protecting their rights. Related lawsuits are carried out by the Turkish Patent and Trademark Office, Design Department, based on the Industrial Property Law No. 6769 and the regulation on the implementation of this law.
Advantages of Industrial Design Registration
Registration of Your Industrial Design will add confidence to your company and give you legal enforcement power when counterfeited.
It will strengthen your competitive power;
You will find imitations that want to benefit over time from your product that is well known in your industry. By saying stop to them now, you will gain momentum in your competitive power.
It will protect your company image;
You can protect your company’s image by making a difference between your Industrial Design and the low quality products produced by your competitors.
It is the most valuable investment that your company can use in the future;
You can rent it for those who want to use an Industrial Design that has a say in your sector, with the license fee you set.
Industrial Design Registration Obligation It is possible to register an Industrial Design to protect your design right. Industrial Design is an asset that the enterprise acquires at great cost as a result of R&D studies. Therefore, it is necessary to protect all important assets of the enterprise as well as the industrial Design.
Priority is important in the Industrial Design registration process. In order to benefit from the Advantages of Industrial Design Registration, your application must first be made. If you have an Industrial Design that you use, start the Industrial Design Registration process before releasing your products, many people who benefit from unregistered Industrial Design may be your competitors.
Design Registration Procedures
Design registration will provide protection to your designs. Applying for the registration of your design before going into production and presenting your designs to the public will prevent your design from being stolen.
“Design” refers to the whole of a product, part or ornament on it, consisting of various elements or features perceived by the human senses, such as line, shape, colour, texture, material or flexibility.
In order for a design to be protected by issuing a document; It must be new and distinctive. Part of a composite product also suffers from protection if the design itself is new and has a distinctive character. If the same design has not been presented to the public anywhere in the world before the application or priority date, it is considered new. A “Universal Absolute” innovation is sought here.
Designs that do not leave any freedom of choice to the designer in terms of design features and elements in the realization of their technical function are out of the scope of protection. Designs that can only be produced in obligatory shapes and sizes in order to be able to mechanically mount or connect the designed or designed product to another product are also outside the scope of protection. However, designs that allow these units to connect with each other in finite or infinite ways in a modular system of different or identical units (as in furniture modular or lego toys) are protected, provided they meet novelty and distinctive features.
The registration protection period of registered designs is 5 years. It can be renewed 4 times to be renewed every 5 years and can be protected for a maximum of 25 years.
The scope of this Protection consists of;
- Quick recall of counterfeit goods by the financial police and purchase or sale of the goods in custody by the rightful owner
- Prison sentences of one to four years.
- Fines not less than one thousand TL.
- Permanent or temporary ban from trade
- Comparison of lost profits or compensation option
Information and Documents Required for Industrial Design Application
- Last Valid Title of the Designer in the Trade Registry, Full name/surname of the Real Person
- If a natural person, place and date of birth
- Central address
- Special Power of Attorney (NOTER APPROVAL REQUIRED)