WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TUR/D/2
17 July 2000
(00-2923)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
TURKEY
The present document reproduces the text1 of the Implementing Regulations under Decree-Law Nº 554
pertaining to the Protection of Industrial Designs, including Amended Implementing Regulation of31 December 1997, as notified by Turkey under Article 63.2 of the Agreement (see document IP/N/1/TUR/2).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TURQUIE
Le présent document contient le texte
1 du Règlement d'application du Décret-loi n° 554 sur la
protection des dessins et modèles industriels, y compris le Règlement d'application modifié du31 décembre 1997, notifiés par la Turquie au titre de l'artic le 63:2 de l'Accord (voir le document IP/N/1/TUR/2).
Consejo de los Aspectos de  los Derechos de Propiedad
Intelectual relaciona dos con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2
DEL ARTÍCULO 63 DEL ACUERDO
TURQUÍA
En el presente documento se reproduce el texto1 del Reglamento de aplicación contenido en el Decreto
Ley Nº 554 de protección de diseños industriales, co n la reforma del Reglamento de aplicación, de 31 de
diciembre de 1997, que Turquía notificó de conformidad con lo dispuesto en el párrafo 2 del artículo 63 del
Acuerdo (véase el documento IP/N/1/TUR/2).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/TUR/D/2
Page 2
THE IMPLEMENTING REGULATIONS
UNDER THE DECREE-LAW NO 554 PERTAINING TO
THE PROTECTION OF INDUSTRIAL DESIGNS
PART ONE
General Provisions
SECTION ONE
Object, Scope, Definition, Date  and Place of Application,
Persons Entitled to Protection
Object and Scope
Article 1 - The object of this Regulation is to specify the procedures and the rules to
be followed concerning the time and place of f iling  and the preparation of the application
documents for registering an industrial desig n, and other matters re lated with designs as
provisioned in The Decree-Law No 554 Pertaini ng to the Protection of Industrial Designs.
This Regulation encompasses the principles, the rules and the conditions for the
protection of designs by granting certificates  to those designs conforming to the design
registration provisions.
Legal Foundation
Article 2 - This regulation has been prepared based on the provisions of The Decree-
Law No 554 Pertaining to the Pr otection of Industrial Designs.
Definitions
Article 3 - For the purposes of this Regulation;a) “Institute” means the Turkish Patent Institute,b) “The Decree-Law” means The Decree-Law  No 554 Pertaining to the Protection Of
Industrial Designs dated 24.6.1995.
c) “design” means the entirety of the various  features such as lines, color, texture,
shape, sound, elasticity, material or ot her characteristics perceived by the human
senses of the appearance of the whole or  part of a product or its ornamentation.IP/N/1/TUR/D/2
Page 3
d) “product” means any industrial or handicr aft item, parts of a complex system, sets,
compositions of items, packaging, get- ups, graphic symbols and typographic
typefaces, excluding the computer programs and semi-conductor products.
e) “designer” is the creator of the design to be protected.f) “date of reference” means the date of filing the application for registration or, if a
priority is claimed, the date of priority
g) “Official Industrial Desi gn Bulletin” means the Bulletin in which the industrial
designs are  published.
h) “class” means the international cl assification of  industrial designs
i) “Circular” means the Circular of Fees to be administered by the Turkish Patent
Institute in accordance with Articles 6/f and 25 of the Decree-Law no 544.
Place and Time of Application
Article 4 -  All local and foreign applications shall be filed at the Turkish Patent
Institute or at the body it may authorize as such.
The date of filing is the da te, hour and minute as accorded by the Institute or by the
body authorized as such by the Institute.
An application filed by post shall have effect as of the date of arrival at the Institute or
at the body as authorized within th e terms of the second paragraph above.
SECTION TWO
Persons Entitled to Protection
Persons Entitled to Protection
Article 5 - The protection as conferred by the Decree-Law  No 554 shall be available
to natural and legal persons who are domic iled or who have indus trial or commercial
establishments within the territory of the Turkish Republic, or to the persons who haveapplication rights resulting from the terms of th e Paris or Bern Conventions or the Agreement
Establishing World Trade Organization.
Natural or legal persons other than those referred in paragraph (a) above, who are
nationals of states which accord legal and de facto protection to the nationals of the Turkish
Republic shall enjoy according to the reciprocity principle design protection in Turkey.IP/N/1/TUR/D/2
Page 4
The principle of reciprocity shall be accepte d to exist where countries have registered
the designs of Turkish nationals or have declared by writing that registrations shall beadministered.
SECTION THREE
The Right to be Recognized as a Designer
The Right to be Recognized as a Designer
Article 6 - Where an application has been filed by someone other than the designer,
the designer has the right to demand that his name be cited as the designer in the priority
documents and in the publications and in the register.
If a design has been created by a team, this  shall be indicated in the application. The
names of the designers shall be listed in the application petition and if necessary additionalpages shall be used.
The right to be recognized as a design er cannot be transferred and surrendered.
PART  TWO
Application, Examination, Re gistration and  Renewal
SECTION ONE
Application Form and the Annexed Documents
 Application Form
Article 7-A design appli cation petition, conforming to the sample for attached
to this Regulation as Annex-1, shall be prep ared on an 4 size plain white paper using a
typewriter or a computer printer, and a ll of the questions shall be answered.
Documents to be AnnexedArticle 8 - Following must be submitted with the application petition:a)10 copies of the representation (8x8  cm) of the design. Representation can
be prepared as drawing, picture, graphic, photograph or a similar way, but must clearly show
all special characteristic of design  and must be suitable to publish.
If the representation contains trademark characteristics this can be accepted in case of
those were registered as a trademark on the name of applicant. Otherwise, the part ofcontaining trademark characteristics must be cleared on representation. If the representation
consist of only trademark characteristics, it can’t be accepted as a representation.IP/N/1/TUR/D/2
Page 5
b) the original receipt for the payment of the application fee.
For multiple applications the receipt for the additional fee in addition to application
fee.
c) power of attorney if an agent is appoint ed. The power of attorney shall be notarized
for acts relating to withdrawal or cancellation of   an application. Those who are not domiciled
in Turkey have to appoint an agent in Turkey in  order to register  their designs and to utilize
their design rights,
d) if the applicant is legal person notarized signature circular,
e) 4 copies of written description and representation of the design. The representation
must be explained in detail and differences from the publicly known design and parts of
design protection requested must be shown a nd the date of marketing such as exhibition,
selling, using, explaining, publishing or similar way must be given.
If the place for description isn’t enough, a dditional page can be used. “ As it shown on
the representation” certainly can not be accepted as a description.
Descriptions must be signed and given date.
f) in case of multiple applications separate descriptions and representations of the
designs. Descriptions and representations must  be prepared separately for every design as
stated paragraph (e).
g) a sample of the product in maximum 20 x30 dimensions where the object of the
application is a two-dimensiona l design and a deferment of pub lication is reque sted, and if it
is not possible to supply a drawing, painting,  graphic, photographic or similar representation
of the design suitable for reproduction re flecting all of its specific features,
h) if a priority right is claimed,  documents evidencing the priority claim to be
obtained from the relevant authority of the country  of application and its   Turkish translation,
i) where the priority claim concerns an ex hibition in Turkey, a certified copy of a
document obtained from the offici als of the exhibition specifying the name of the product,
first display date and the official opening da te along with photographs showing the product at
display clearly and at its entirety,
For the products displayed in foreign countries, the evidence as specified in
subparagraph ( i )  shall be supplied by the relevant authorities of  the state concerned.
SECTION TWO
Changes with Respect to the Ownership of the Priority Right, Relation Between the
Applicant and the Designer
Changes with Respect to the Ownership of the Priority RightIP/N/1/TUR/D/2
Page 6
Article 9 -  If the owner of the first appli cation in another country is different from the
applicant in Turkey,  a declaration, confor ming to the form given in Annex 1, shall be
prepared indicating the names of the persons  involved with respect to the change of
ownership, the date of the first application and shall be signed by the applicant or the agent.
Relation Between the Applicant and the DesignerArticle 10 - The identity of the designer sh all be cited in the application. If the
applicant is not the designer or not the sole designer, an explanation shall be supplied on how
the right to apply for registration is obtained, and a declaration shall be  submittedconforming to the form given in Annex 1 to be signed by the applicant or his agent assertingthat the designer(s) indicated on the a pplication are the rightful designer(s).
SECTION THREE
Examination, Remedying Deficiencies, Filing Date
Examination and Filing Date
Article 11 - The Institute shall refuse an application for the registration of a design the
subject and scope of which is not c overed by the provisions of Article 3.
Institute shall examine whether the appli cation complies with the conditions specified
in Articles 26 and 28 and whether there are deficiencies. If the Institute concludes that thereare no deficiencies, the applica tion is accorded the date of filing as the date, hour and minute
on which the application was filed originally at the Institute or at the body authorized as suchby the Institute.
If a priority declaration has been filed, Institute shall undertake an examination in
accordance with the provisions of Articles 29, 30 and 31.
Remedying Deficiencies
Article 12 -  If deficiencies with respect to conditions of Article 11 are established, the
Institute shall request the applicant to remedy these deficiencies within the periods asspecified below.
The application shall be accorded the filin g date, as of the date, the hour and the
minute when an application petition conforming to the sample in Annex-1, and a drawing,painting, graphic, photographic or similar re presentation of the design suitable for
reproduction reflecting all of its specific featur es as provisioned in the sub-paragraph (b) of
the first paragraph of Article 26 of The Decree-Law, and the original receipt for the paymentof fees have been  deposited. Where these documents have not been submitted at filing of theapplication, the Institute shall allow one month for remedying th ese the deficiencies, and the
filing date shall be the date these deficiencies are remedied.IP/N/1/TUR/D/2
Page 7
Institute shall allow three months for remedying deficiencies which fall outside the
scope of the second paragraph above and for the payment of the fees prescribed in the
Circular. In the case of non-compliance of defici encies within three months,  Institute shall
allow once additional one month on condition pr ovided payment according to Circular of
Fees. If these deficiencies are remedied within mentioned periods the application shall beaccorded the date of filing the date on which th e deficient application was originally filed.
The Institute shall refuse an application, deficiencies of which have not been remedied
within the periods prescribed in  the second and third paragraphs.
Failure to satisfy the requirements concerning the claim to priority shall result only in
the loss of the right of priority for the application.
SECTION FOUR
Registration, Recording the Register, Publication and
Deferment of Publication
Registration and Recording the Register
Article 13 - An application which has complied with all the conditions of application
and therefore has been accorded a date of filing in accordance with the provisions of Articles32 and 33 of the Decree-Law shall be entered in the Design Register and if there is noopposition within six months after the publicati on date, the certificate of design is given.
In the case of opposition, Re-examination and Evolution Board examines according to
the Article 38 of the Decree-Law. The result of examination can be cancellation of designparty or completely or continuation of re gistration .According to the decision of Re-
examination and Evolution. Board the certificate of design is given.
The following particulars shall be recorded in the Register:a) the number and the date of application,
b) the applicants name , nationality and address,
c) registration number,d) representation of the design,e) the classes and the list of the goods in which the design is incorporated or to which
it is applied,
f) if appointed, the name and address of the agent,
g) the names (s) and address(s)of the designer(s).
PublicationArticle 14 - A design which has been recorded in the Register shall be published with
the following particulars in the Official Indus trial Designs Bulletin to  be published monthly.
Institute may publish supplementary bulle tins without being bound by this period.IP/N/1/TUR/D/2
Page 8
a) the number and the da te of the application,
b) registration date and number,   and  if a priority has b een claimed, the priority date,
country and the number,
c) the name, address and the nati onality of the design right holder,
d) the name(s) and the addr ess(s) of the designer(s),
e) representation of the design,f) if appointed, the name and address of the agent,
g) the classes and the list of the goods in wh ich the design is incorporated or to which
it is applied,
Deferment of Publication
Article 15 - When filing the application for the registration of a design, if the applicant
has requested that the publication be deferre d, the requested deferment period should also be
specified which should not exceed a period of 30 months. The applications with a request for
deferment of publication shall be published in the Official Industrial Designs Bulletin. The
publication shall include information on the identity of the holder of the registered designright, the application date, the classes of the goods in which th e design is incorporated or to
which it is applied, and the re quested period of deferment.
The deferment period may be canceled at th e request of the holder of the registration
right at any time during the period of defe rment. Where upon the Institute’s request, the
registration right holder has within three months  has paid the publication fee and in the case
of a multiple application the additional application fees, and filed a representation of thedesign suitable for reproduction if at the original  filing a sample of the product in which the
design is incorporated or has been app lied has been deposited, the publication shall be
effected in accordance with Article 14 of this Regulation.
If these provisions are not complied within three months, the rights arising from the
registration of the design shall be deemed to have not existed from the date of the filing of theapplication.
SECTION FIVE
Renewal
RenewalArticle 16 - Registration of the registered  design shall be renewed, upon the payment
of the renewal fee at the request of the righ t holder or of the person authorized by him.
The request for renewal shall be submitted and the renewal fee paid within a period of
six months before the last day of the month in which the protection ends. In failing thisdeadline, the request may be submitted within a further period of six months from the last dayof the month in which the protection ends upon payment of an additional fee.
The request for renewal must be filed with  a petition and the original receipt for the
payment of renewal fee. The Institute may request if necessary other documents missing inIP/N/1/TUR/D/2
Page 9
the file. The deficiencies with respect to renewal and changes that have occurred after the
registration shall be remedied within the periods as specified in Article 12.
PART THREE
Opposition
Opposition to Publication
Article 17 - Natural or legal persons or related professi onal organizations may submit
to the Institute within six months of the publication an opposition with the followingparticulars against the valid ity of a Registered Design.
a) a petition describing the justifications of the opposition prepared according to this
Regulation as Annex 4.
b) the original receipt of the payment of the fee prescribed in the Circular,
An opposition will not be considered unless these documents are submitted.
Institute may request additional documents, evidences and justifications to be
complied within one month.
If the requested additional documents and justifications not given to Institute within
mentioned period, the opposition deemed not to be done.
The opposition with its justification shall be communicated  to the holder of the design
right enabling  him to submit his views and observations.
Examination of the Opposition
Article 18 - During the examination of th e opposition, the Institute when it deems fit
and as often as necessary may request the written observations of the parties andcommunicate to the parties involved such obs ervations and objections submitted by the
parties.
It’s decided about opposed design the after the six months of the publication date on
the Re-examination and Evolution Board within the concept of evidences and writtenobservations of the parties.
The acceptance of an opposition filed within the provisions of sub-paragraphs (a) and
(b) of the first paragraph of Article 43 of The Decree-Law, shall result in the invalidation ofthe Design Certificate and the entering into force of the provisions of Article 45 of the
Decree-Law.
The invalidation of the Design Certificate sh all be published in the Official Industrial
Design Bulletin.IP/N/1/TUR/D/2
Page 10
PART FOUR
Changes After the Registration
SECTION ONE
Changes of Address and Title
Changes Concerning the Address and Title
Article 19 - The proprietor of a design right has to inform the Institute any changes
with respect to a design. If after the registration of a design changes have occurred with
respect to the address, the title and the characteristics of the firm, such changes shall be
recorded in the Register upon the request of the proprietor or if  such changes are identified at
the time of a new application of the proprietor of the design, corrections shall be requestedwith respect to the other designs registered or  applied for in the name of the proprietor.
Following documents have to be submitted for recording the changes concerning the
address, title and the characteristics of the firm:
a) For changes of address:
1) a petition,
2) the original Design Ce rtificate of Registration.
3) the original receipt of payment of fees.
b) For changes concerning the title:
1) a petition,2) the copy of the Trade Registry Gazette showing the change of title or other
document evidencing such change,
3) the original Design Ce rtificate of Registration .
4) the original receipt of payment of fees.
c) For changes concerning the characteristics of the firm:
1) a petition,
2) a document evidencing the change,3) the original Design Ce rtificate of Registration,
4) the original receipt of payment of fees.
Transfer by InheritanceArticle 20 - The following documents have to be submitted in order to record in the
Register changes resulting from the transfer of a design right by way of an inheritance.
a) a petition,
b) the court decision,IP/N/1/TUR/D/2
Page 11
c) the original receipt for the payment of fees,
d) The original Design Certificate of Registration.
Assignment of the Design Right
Article 21 - An application for the registration of a design or a registered design right
can be subject to assignment.
Following documents have to be submitted for an assignment:a) a notarized assignment certificate containing the signatures and declarations of both
the assignee and the assignor.
b) the original Design Ce rtificate of Registration,
c) the original receipt for the payment of fees,d) signature circular if the assignee is a legal entity,e) power of attorney if an agent is appointed.
Licenses
Article 22 - The application right or the design right may be licensed to be effective
within the total or part of the territory of the national boundaries.
The following documents have to be submitted for recording a license in the Design
Register:
a) notarized license contract containing the declarations and the signatures of the
licensee and the licenser, the registration numbe r of the design, the duration and the fees of
the contract.
b) the original Design Ce rtificate of Registration,
c) the original receipt for the payment of fees,d) signature circular if the licensee is a legal entity,e) if appointed power of attorney for the agent.
Effects of Invalidity
Article 23 - The court decisi on concerning the invalidity of  a design right shall be
recorded in the Register;  and published in th e next issue of the Official Industrial Design
Bulletin after recording in the Register.IP/N/1/TUR/D/2
Page 12
SECTION TWO
Fees, Copies, Register and Priority
FeesArticle 24 - The fees payable with respect to an application and registration of a
design shall be published in the Circular of Fees to be Administered by The Turkish PatentInstitute in accordance with the provisions of Articles 6/f and 25 of the Decree-Law no 544.
The fees are payable by the applicant or the design right holder or by the agent.Institute shall issue notices to the applicant or to the design right holder or to the agent
for the payment periods. If the payments are not effected within the prescribed periods the
application shall be cons idered to be invalid.
Copy
Article 25 - A copy of the Design Certif icate of Registration shall be supplied upon
the request of the design right holder or of the agent.
Following documents have to be submitted for obtaining a copy:a) a petition,
b) the original receipt for the payment of the fee.
Registry
Article 26 - Upon request and payment of the prescribed fee in the Circular a copy of
the Register shall be available except for the designs which have requested deferment ofpublication and their periods of public ation deferment has not yet expired..
Priority
Article 27- A priority claim must be requested in the application petition and the
priority documents have to be filed within three months of the filing date. The followingWhere a priority claim is accepted, the following observations are recorded in the Registerand on the Design Certificate of Registration.
“ It has hereby been recognized that the fi rst application for the registration of this
design has been filed at th e administration of........................................... on the day
of...................with filing no...................., and therefore is entitle d to the priority right as of the
day of........................”IP/N/1/TUR/D/2
Page 13
Where a priority claim from an exhibition is accepted, the following observations are
recorded in the Register and on the Design Certificate of Registration.
 “It has hereby been recognized that this de sign has been exhibited first at exhibition
of ............................... as has observed from the eviden ce of the document as prepared by
.......................... dated ................. no ............, and therefore is entitled to the priority right asof the day of ........................”
SECTION THREE
Surrender of a Design Right
Surrender of a Design Right
Article 28 - Holder of a design right may surrender part or whole of his rights arising
from the design right or the application right. Holder of a design cannot surrender his right
without having the consent of the licensees or  holders of rights recorded in the Design
Register. The surrender must be filed in writing at the Institute.
Surrender shall have effect as of the da te of entry in the design Register.
PART  FIVE
Last Provisions
Transitional Article 1 -   The fees which have not been paid before coming into force
of this Implementation Regulation for the De cree-Law no 554 on the Protection of Industrial
Designs and before coming into force of the Circular of Fees to be Administered by TheTurkish Patent Institute in accordance with the provisions of Articles 6/f and 25 of theDecree-Law no 544, shall be paid within two months of the coming into force of thisRegulation. The applications sha ll be considered withdrawn if their fees are not paid within
this period
Entry into ForceArticle 29 - This Regulation shall enter into force on the day of publication.Execution
Article 30 - This Regulation shall be executed by the President of the Turkish Patent Institute.
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