Design is the creation of a plan or convention for the construction of an object or a system which have various traits perceivable by human senses. Applying design to industry falls to designing industrial goods category.
Designing industrial goods or industrial design is the process of mass designing which is done according to criteria’s like the needs and problems of the consumers, aesthetics, functionality, ergonomics, material knowledge, marketability, production methods and possibilities.
The aim of industrial design is to contribute to the functionality of the product and help its marketability by changing its exterior. When the consumers choose between two products which are the exact same of each other in terms of quality and technical standards, the design of the product stands out in the selection process of the consumer. In fact, design can be the only factor that appeals to the consumer. Because of this, it is important for the designer to register trademarks for the products and the packacging designs of the goods, which has a enormous significance in commercial competition
In order for a design to be registered, it should have certain conditions. These are; innovation, being distinguishable, product or a part of a product, the exterior perceivable by the human senses
Innovation:If a design hasn’t been made public before the application or preemption date, that design is considered innovating. Designs can only be accepted as the same of each other if they only show similarity in small details.
Being Distinguishable: The word “distinguish” is used to recognize or treat someone or something as different. If there is a clear difference between the impressions that two different designs leave on consumers, those designs are considered as distinguishable.
Product or Part of a Product: A design that is independent of the product cannot put under protection. The design pending for registration needs to be applied to a product or a part of it. These applications legally involve: object, compound system or parts of this system, set, group, packaging, many objects or the compounds of a presentation which can be perceived as a whole, graphic symbols and typographic characters.
The design, generally attached to the visible exterior of a product, can mainly be perceived with visual senses as well as have differences that can be perceived with the consumer’s five different senses.
The Industrial design process is completed in approximately 12-18 months.
– Review Process
Industrial Design Registration application is reviewed according to criteria’s of: shape, right to apply for registration, right to preference and absolute objection reasons (designs contradicting with the general morals and public order) by Turkish Patent Institute.
– Declaration Process
The design is recorded to registry if the necessary legal conditions are met and there is no reason for the application to be turned down. The designs that are registered are declared in the Official Industrial Designs Bulletin, which is published every month. The declaration lasts 6 months.
If there is no objections, the application earns the right to receive the registration certificate.
The registered trademark of industrial designs lasts for 5 years starting from application. This duration can be prolonged up to 25 years by renewing the duration every 5 years. After the registration is complete, the copyrights for the design belong to the designer and his successors.
– Designs that have no distinguishable value,
– Designs contradicting the general morals and public order,
– Designs that leave no options for the designer about the features and components regarding the implementation of technical functions,
– TDesigns that can only be produced in certain shapes and dimensions to mechanically install the applied product to another product are the design types that are unprotectable.
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