What is Industrial Design Protection?

What is Industrial Design Protection?

Disadvantages of Using Unregistered Designs

It is the protection of the external appearance of industrial systems or their production by hand, provided that they have novelty and distinctive features, excluding computer programs and semiconductor topographies. This protection covers any product, as well as compound systems or their components, tools, packaging, sets, etc., and combinations of multiple objects or presentations that can be perceived together, and graphic symbols. In case of any problems, a trademark attorney always provides services and support to individuals to protect their potential rights. Unregistered designs, which were initially protected under the Unfair Competition Provisions and General Provisions of the Turkish Commercial Code (TTK) until a decree regarding the registration of industrial designs was issued, continue to be protected in the same way. However, it should be known that in cases of unregistered use, the rights provided by the Decree-Law cannot be obtained, and the most important among these are the ease of proof provided by registration and the severity of sanctions in cases of infringement. A trademark attorney provides services by carrying out the necessary procedures to protect rights in these areas.

What Constitutes Infringement of Design Rights?

Infringement of design rights includes making, producing, offering for sale, entering into a contract for the purpose of offering for sale, using, or possessing for these purposes, identical or significantly similar designs to the designs of the rights holder without their permission. Expanding rights granted through license agreements or transferring these rights to third parties without authorization also constitutes infringement of design rights, and trademark attorneys and law firms protect individuals' rights.