Industrial Design Rights

The right to the design shall vest in the designer or his legal successor in title. If more than one person is the designer, unless a contrary agreement exist among the parties, the joint proprietorship provisions shall apply.

a.) without the consent of the design right holder, to make, produce, put on the market, offer, sell, put to use, import or keep in stock for these purposes the identical or significantly similar design,
b.) to transfer to third parties or to expand rights acquired by a licensing contract,
c.) to participate or to assist or to encourage or to facilitate in whatever form the acts referred in sub-paragraphs (a) and (b),
d.) to abstain from explaining where and how an illegally produced and marketed product has been obtained when found in possession,
e.) seizure of entitlement.

The rights conferred by a registered design shall not extend to

a.) acts done privately and for non-commercial purposes,
b.) acts done for experimental purposes,
c.) acts of reproduction for the purposes of making citations or of teaching, provided that such acts are compatible with fair trade practices and do not prejudice the normal exploitation of the design and the source of the design is mentioned,
d.) the equipment on ships and aircraft registered in a third country when they enter the territory of the Turkish Republic temporarily, as well the importation of spare parts and accessories for the purpose of repairing such craft and execution of the repairs.

a) request for the establishment of the existence of an infringement,
b) appeal for the prohibition and prevention of the acts of infringement,
c) appeal for remedies of infringement and request compensation for damages incurred,
d) request the confiscation of products produced or imported and of the equipment used directly to produce such goods which have infringed the rights of a registered design,
e) appeal for the proprietorship over the products confiscated in accordance with subparagraph (d); in this case the value of the products shall be deducted from the compensation awarded. If the value of the products turn out to be above the compensation value awarded, the design right holder shall repay the balance to the infringing party,
f) appeal for enforcement measures for the prevention of continued infringement of rights, in particular request the destruction of the products and equipment if it is essential for the preclusion of acts of infringement or the prevention of alterations on the products and equipment confiscated according to subparagraph (d),
g) request the disclosure to the public and to those related of the courts decision by means of publication, costs of which to be met by the offending party.