We provide legal counseling to our clients in cases such as protection, offense etc. before, during, and after registration with the legal advice provided by the Sistem Patent legal department.
Scope of Design Registration Law in Turkey
The rights arising from design registration are defined by the new Industrial Property Law. The General Titles and the rights provided by this law are defined as follows:
- Right of usage,
- The third party cannot use the design without the permission of the person holding the design right
- Right violations and transfer of rights
Detection of Limits to the Design Registration Rights in Turkey
- Detection of the offenses
- Unauthorized use cases
- Expansion of rights through licenses
Possible Complaints and Claims by the Owner of the Design Rights in Turkey
- Filing a criminal complaint to the prosecution and confiscation of the counterfeit products,
- Filing a lawsuit against imitators,
- Lawsuit for the detection of offenses,
- Stopping the act of offense,
- Rescue of offenses, requests for compensation for material and non-pecuniary damages,
- Confiscating the tools and equipment from which the design is produced,
- Confiscating the imitation products carrying the design at customs.
Damage Compensation and Calculation in Turkey
- Detection of lost income,
- Calculation of the gain that the design owner can obtain if there was no offense,
- Calculation of non-pecuniary damages due to poor design of the design