1. What are Industrial Property Rights?
Industrial property rights, which constitute one of the two pillars of intellectual property law, consist of rights such as trademarks, patents, designs, utility models, and geographical indications. Industrial property rights carry the owner’s originality, creative thinking, and innovations created by exceeding the existing in its scope. We can see that these rights are important both individually and socially. From an individual point of view, it can be said that it paves the way for entrepreneurs, makes them remembered by third parties, and differentiates their owners from other people. From a social point of view, industrial property rights include innovations which can be applied to the industry, so it has an important role in the development of technology, industry and trade. It is possible to say that all these factors that affect each other have demonstrated the importance of industrial property rights in the developing world by helping our country and our entrepreneurs to be recognized around the world.
2. What is the Concept of Authenticity in Design According to Lawyers?
The originality of the design is the aspect that gives it its indispensable characteristics. The design must be original so that it is preferable among all other designs. In addition, originality is the product of ideas, on which a person can claim both material and moral rights, and no objection can be brought forward by anyone else. In this respect, originality refers to the part of the design created by the designer, unique to itself and worthy of legal protection.
3. What Should a Designer Know About Industrial Property Rights Patent, Industrial Design, Utility Model?
Patent, industrial design, and utility model have an important common point. When we look at the definitions in the law, we see that if one of these rights is wanted to be registered, it has to include the concept of “new”. In other words, the rights that are worthy of registration and protection must contain the “novelty” feature. Otherwise, the applicant themselves will not be able to achieve the protection they want and will harm the rights of other right holders. Therefore, it is important for a designer who is about to embark on this path, not to perceive innovation as a simple element, to know that a slight differentiation from an existing patent/design/utility model will not be perceived as innovation, and to make an effort to make a significant difference.
4. Could you briefly talk about the Design Application Registration Process?
The design application is made to the Turkish Patent and Trademark Office. The institution makes a preliminary examination of the design, and designs that meet certain criteria are published in the Official Design Bulletin. Third parties have the right to object for a period of 3 months from the publication. If there is no objection to the publication or if the objections are rejected, the design will be legally protected from the date of application. If the objections are accepted, the registration is invalidated. Here, we can see that not only the institution but also the third parties with interests have the right to speak and that this sector progresses with the active participation of all of its subjects.
5. Why should we benefit from the Protection of Industrial Property Rights?
This matter should be explained by looking at the development of industrial property law in our country. The rights protected by industrial property law have become increasingly important in our country over time, and finally, the scope of protection of industrial property rights has expanded considerably with the enactment of Law No. 6769 (SMK) on 10/01/2017. In fact, it can be considered as one of the milestones in our law that unregistered designs that are protected only subject to general provisions within the scope of Decree Law No. 554 KHK, which was in force before the SMK, are protected within the framework of SMK and that it grants rights and powers to its owner almost as if it were a registered design. However, there is no unregistered protection in terms of other industrial property rights, and it has a legal meaning only to the extent that it constitutes unfair competition. Therefore, it is also important legally to protect a right that is the product of research, which includes the collective work of a group behind it, and that has emerged as a result of both labor and investment. It is important to take the necessary actions for registered protection in order not to pave the way for imitations since it cannot be said that all the labor and investments can be effectively protected unless the registration process is carried out.
6. What Would You Like To Advise Young Professionals And Designers On Both Their Legal Rights And Ethical Rules?
As I mentioned, innovation is the cornerstone of this business. We, every now and then, encounter news that the design of a person famous for their design is “copied,” “imitated,” or “stolen” after a while. It is known that no designer who wants to put his signature in this sector would want to encounter such an attribution. Copying someone else’s design means both disregarding someone else’s effort and underestimating your own talent. In fact, the search for the element of “innovation” in the legislation also stems from these instincts. In addition, it is also important to consider that innovation is sought not only in Turkey but also around the world. Bringing a design that is famous in another country to Turkey will not present an interest worthy of protection. On the contrary, it is necessary for our young designers to announce and promote their new and original designs to the world, thus contributing to our country. In this respect, the point that should not be worried is that as long as the productions of our designers are worth protecting, our system, which was created to protect against injustice and invasion from outside, is developing day by day, and the awareness of both public institutions and organizations and the private sector is increasing.
Love and respect.Lawyer Arzum Kayral