UMMARY
Article 9 of the Implementing Regulation
Q6-2 What is the scope of designs that can be included in a single application? Please indicate whether designs could be included in a single application in the following cases.
A part and a finished product (e.g. a bicycle saddle and a bicycle) □ Can be included Cannot be included Multiple articles within the same classification (e.g. if chairs and tables fall under the
same classification, a chair and a table) □ Can be included Cannot be included
Multiple dissimilar designs for the same article (e.g. multiple chair designs) □ Can be included Cannot be included Multiple similar designs for the same article (e.g. multiple chair designs) □ Can be included Cannot be included
A single design designating multiple articles □ Can be included Cannot be included
Multiple dissimilar designs (the designs may be used for the same or different articles) □ Can be included Cannot be included
11 Multiple similar designs (the designs may be used for the same or different articles) □ Can be included Cannot be included
Q6-3 What is the scope of a single design? Please choose whether the following are recognized to be single designs.
Multiple embodiments based on one design (e.g. an unpackaged article and multiple packaged
working examples) □ Recognized Not recognized
Sets, such as a set of knives, forks and spoons □ Recognized Not recognized
For such sets, are applicants permitted to freely combine articles and file an application for the
combination as single design? □ Recognized Not recognized
Articles which move or change entirely or in part (e.g. a toy car that changes into a robot through assembly)
Recognized □ Not recognized
Transitional images (e.g. an image that is developed through the operation of a music playing
device) □ Recognized Not recognized
Q6-4 Please inform us of specific cases of not being recognized to be a single design.
Q6-5 In the example case shown below, would the set be recognized to be a single design in your country? If not, please provide the reasons.
[Perspective view] [Perspective view of the body part] [Perspective view of the speaker part]
□ Recognized to be a single design Not recognized to be a single design
Reasons (it consists of 3 designs ad it is recognized as multiple design in Tukey)
[7. Design right] What is your understanding of the effect of a design right? Please answer the following questions.
Q7-1 What is your understanding of the content of a disclosure of a design and the scope of effect of a design right?
Please check the applicable boxes below. If your understanding does not fall under any of the following, please elaborate in the "free description" box.
[Article to the design] A set of audio equipment
[Explanation of the article to the design] This article consists of the body part which is a chassis that houses multiple types of audio equipment and two speaker boxes on its left and right sides which receive audio signal output from the body part and release it as sound. The body part and the two speaker boxes are separable.
Please refer to our answers of Q6-2 and Q6-3
Scope of the similarity included in the name of an article
The scope is limited to that of the article stated in the application
□ The scope extends to articles similar to the article stated in the application
□ The name of the article is a mere example, and the design right extends to other articles with the same form
□ (Free description)
Parts that are not disclosed in drawings, etc. (Free description) if the parts that are not disclosed in drawings, they are not in the scope of effect of a design right.
Color or monochrome (Free description) N/A
Infringing goods that are similar to products subject to a design right only in terms of embodiment
(Free description) they should be similar in terms of visual properties
Scope of a design depicted in views, etc.
□ The scope is the same as that of the views, etc.
□ The scope extends to similar views, etc.
Q7-2 With regard to the content of a disclosure of a design, are there any restrictions in terms of the enforcement of rights?
Q7-3 What are the grounds for invalidation in relation to the content of a disclosure of a design?
[8. Other]
Q8-1 The Geneva Act of the Hague Agreement provides that an applicant may submit up to six drawings. Is this considered to be sufficient disclosure of a design in your country?
Q8-2 Are there any court precedents in your country in which a court determined that six drawings were insufficient disclosure of a design?
No □ Yes (Please specifically describe: )
Q8-3 In your country, is it necessary to submit a priority certificate under the Paris Convention?
□ No Yes In what situation? → (Free description: in applications claiming priority)
Sufficient □ Insufficient
YES, there are some restrictions according to the Article 21-24 of Decree Law 554 (attached).
Article 43 of Decree Law 554:
Invalidity
A registered design shall be declared invalid by the court in following cases:
a) Where proved that the design is not eligible for protection under the provisions of the Articles 5 through 10 of this Decree-Law;
b) Where proved that the entitlement to the design right as provided in Articles 13, 14, 15 and 16 of this Decree-Law, actually belongs to another person or persons.
c) Where there exists a conflicting design which has been made available to the public at a later
date but having an earlier date of filing;
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Q8-4 For an application claiming priority under the Paris Convention, etc., where there are differences between the drawings, etc. attached to the application filed in your country and the drawings, etc. in a priority certificate, how would the application be handled in your country?
Accepted □ Not accepted □ Other ( )
[Request for information gathering]
9-1 Please inform us of trial decisions or judgments with regard to the expression of a design in your country, if any. If there are many such trial decisions and judgments, please inform us of approximately three of the most famous judgments, etc.
9-2 Please inform us of laws and regulations, rules, manuals, and guidelines in your country as well as URLs of websites and names of documents which are especially informative with regard to expression of a design under your country’s design system, and provide summaries of the relevant parts and the names of the authors thereof. We will consult with you separately if copyrights are involved.
The website of Turkish Patent Institute is given below, the regulations and laws are attached.
http://www.tpe.gov.tr/portal/default_en.jsp
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[1. System] Please answer the following questions with regard to design-related industrial property right systems in your country.
Q1-1 Does your country have (1) a design law (legally binding), (2) formality examination regulations (legally binding), and (3) design examination guidelines (not legally binding)?
Design law Yes □ No Formality examination regulations Yes □ No
Design examination guidelines
□ Yes No
(2) refers to detailed rules, such as implementation regulations needed for the law or detailed provisions based on the law, and (3) refers to examination practices.
Q1-2 In your country, is there a special department that confirms the description requirements of drawings for design applications and examines design applications in terms of public order and morality? Is there also a special department that assigns and confirms classifications in your country? If so, please enter the number of persons in charge in such special departments.
Special department that confirms the description requirements of drawings for design applications and examines design applications in terms of public order and morality
Yes (no. of persons in charge: 2 ) □ No
Special department that assigns and confirms classifications Yes (no. of persons in charge: 2 ) No
Determining whether a design application is novel/creative through prior design search is to be called "conducting substantive examination."
Q1-3 Is substantive examination conducted for design applications in your country?
Yes (for all applications) □ Yes (for some design applications)
No (i.e. substantive examination is provided for by regulations, however this practice not yet adopted by the patent office)
Q1-4 Is there a special department that conducts substantive examinations? If so, please enter the number of persons in charge in the special department.
Q1-5 This question applies to countries in which substantive examinations are conducted. Please check the applicable boxes below in relation to the scope of prior design searches conducted to determine novelty.
□ Design gazette of your country
□ Design gazette of other countries
(→ Which countries/regions? )
□ Patent gazette, etc. Publicly known materials (□ magazines/catalogs □ internet □ other ( ))
Q1-6 Please let us know the situation in your country with regard to the following.
Yes No