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ARTICLE · 21 NOVEMBER 2019

Novelty Examination Of Design Applications

Deris Attorney At Law Partnership
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The repealed legislation Decree-Law no. 554 on the Protection of Industrial Designs regulated novelty and individual character as conditions of protection as well.

TurkeyIntellectual Property
E. Kerim Yardimci
E. Kerim Yardimci
Aslı Tireli
Aslı Tireli
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The Turkish Industrial Property Code no. 6769 (IP Code) grants protection through registration for designs that fulfill the novelty and individual character criteria.

According to the IP Code, novelty and individual character of a design application is set forth as conditions of protection, while Turkish Patent and Trademark Office ("Turkish PTO") is entitled to carry out ex officio examination of novelty to grant protection.

The practice during the repealed legislation Decree-Law no. 554 on the Protection of Industrial Designs:

The repealed legislation Decree-Law no. 554 on the Protection of Industrial Designs regulated novelty and individual character as conditions of protection as well. However, the Decree-Law no. 554 did not require an Industrial Design application to be ex officio examined for novelty and individual character at the application stage.

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