WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/lITUR/D/l 
17 July 2000 
(00·2907) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
TURKEY 
The present document reproduces the textl of Decree-Law N° 554 on the Protection of 
Industrial Designs, as notified by Turkey under Article 63.2 of the Agreement (see document 
IP/N/1/TURl2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTVELLE NOTIFIEES AV TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
TURQUIE 
Le present document contient le textel du Decret-Ioi nO 554 sur la protection des dessins et 
modeles industriels, notifi6 par la Turquie au titre de l'article 63:2 de I'Accord (voir le document 
IP/N/1/TURl2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTVAL NOTIFICADOS EN VIRTVD 
DEL P ARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
TURQUIA 
En el presente documento se reproduce el textol del Decreto Ley N° 554 de protecci6n de 
disefios industriales, que Turquia notific6 de conformidad con 10 dispuesto en el parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/N/lITURl2). 
I In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.lEn anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa langue d'origine, au Secretariat de l'OMC.lEn ingles solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idiom a original. IP/N/1/TURlDIl 
Page 2 
TURKEY 
Decree-Law No. 554 on the Protection of Industrial Designs* 
(of June 27, 1995) 
TABLE OF CONTENTS** 
Articles 
Part I: General Provisions 
Section I: Aim, Scope, Persons Entitled to Protection, 
Definitions 
Aim and Scope ...................... . 
Persons Entitled to Protection ........... 2 
Definitions .......................... 3 
Priority of International Agreements. . .. . 4 
Section 11: Conditions of Protection 
General Conditions ................... 5 
Novelty........ . . . ....... ........... 6 
Individual Character .................. 7 
Disclosures Not Prejudicial to Novelty or 
Individuality. . .. . . . . . . . . . . . . . . . . . . . . . 8 
Designs Contrary to Public Policy and 
Morality ............................ 9 
Other Situations Outside the Scope of 
Protection ........................... 10 
Section III: Scope and Term of Protection 
Scope of Protection .................. . 11 
Term of Protection of the Registered 
Design .................... ',' . . . . . . . . 12 
Part 11: Entitlement, Claims and Limitations 
Section I: Entitlement, Rights, Infringement 
Section 11: Right to the Design ................... 13 
Entitlement in Employment Relations.... 14 
Designs Created by University Staff. . . .. 15 
Entitlement Under Contracts Other Than 
Employment Contracts ................ 16 
Scope of Design Rights. . . . . . . . . . . . . . . . 17 
Right to Be Recognized as Designer ..... 18 
Claims to Entitlement ................. 19 
Effects of a Judgment on Entitlement 20 
Limitations on Design Rights 
Limitations on Design Rights .......... . 
Use for Repair Purposes .............. . 
Rights of Prior Use .................. . 
Exhaustion ......................... . 21 
22 
23 
24 
* Entry int%ree: June 27,1995. 
Source: Translation by the International Bureau of 
WIPO on the basis of an English translation supplied by the 
furkish authorities. 
** Added by WIPO. Part III: Registration. Renewal. Opposition 
Section I: Applications and Conditions 
Section II: Registration Authority. . . . . . . . . . . . . . . . . 25 
Filing of Applications ................. 26 
Classification ........................ 27 
Multiple Applications ................. 28 
Right of Priority .. . . . . . . . . . . . . . . . . . . . . 29 
Exhibition Priority .................... 30 
Claiming and Evidencing Priority. Effect of 
Priori ty Rights ....................... 31 
Registration Procedure. Renewal. Opposi­
tion 
Examination ......................... 32 
Remedying Deficiencies ............... 33 
Registration and Publication ........... 34 
Deferment of Publication .............. 35 
Renewal ............................ 36 
Opposition .......................... 37 
Examination ......................... 38 
Part IV: Transfer of Application and Design Rights; License 
Agreements 
Section I: Transfer. Security, and Attachment 
Transfer, Attachment. . . . . . . . . . . . . . . . . . 39 
Non-Divisibility. . . . . . . . . . . . . . . . . . . . . . 40 
Section Il: Licensing 
Licensing .......................... . 
Unlawful Transfer of Rights and Licensing 
Part V: Invalidity of the Design Registration and Termina­
tion of Design Rights 
Section I: Invalidity uf the De~ign Regi~tration 41 
42 
Invalidity ........................... 43 
Request for a Declaration of Invalidity. . . 44 
Effects of Invalidity .................. 45 
Section II: Termination of Design Rights 
Reasons for Termination .............. . 
Surrender of Design Rights ........... . 
Part VI: Infringement of Design Rights and Civil Proce­
dures for Infringement 
Section I: Infringement of Design Rights 
Infringement ., ...................... . 
Section II: Civil Proceedings 
Action by the Holder of Design Rights and 
Competent Court Compensation ....... . 
Documents Evidencing Infringement ... . 
Non-Realization of Profits ............ . 
Increasing the Amount of the Profits Not 
Realized ........................... . 
Reputation of the Design ............. . 
Reduction of Compensation ........... . 
Persons Against Whom Action May Not Be 
Brought ............................ . 
Time Limit ......................... . 
Section Ill: Special Courts 
Competent Courts ................... . 
Publication of the Court's Decision .... . 46 
47 
48 -48A 
50 
51 
52 
53 
54 
55 
56 
57 
58 
59 IP/N/lITURlDIl 
Page 3 IPlNlI/TURlD/l 
Page 4 
Section IV: Special Provisions 
Action by the Licensee ............... . 60 
61 
62 
63 
64 
65 
66 Claims of Non-Infringement .......... . 
Action to Secure Evidence ............ . 
Precautionary Measures .............. . 
Nature of the Precautionary Measures .. , 
Civil Procedure Code ................ . 
Seizure at Customs 
Part VII: Representation and Agents 
Representation Before the Institute 67 
Part VIII: Payment of Fees and Legal Effects 
Conditions of Payment of Fees and Effects 68 
Transitional Provision 
Jurisdiction Pending Appointment of the 
Special Courts 
Entry Into Force ...................... 69 
Execution ........................... 70 
PART I 
GENERAL PROVISIONS 
Section I 
Aim, Scope, Persons Entitled to 
Protection, Definitions 
Aim and Scope 
Art. 1. The aim of this Decree-Law is to protect de­
signs conforming to the provisions thereof and to pro­
mote the formation and development of industry and 
competition. 
This Decree-Law establishes principles, rules and 
conditions for the protection of registered designs. Gen­
eral legislative provisions shall be applicable to unregis­
tered designs. 
The rights conferred by this Decree-Law shall in no 
way invalidate the protection conferred by the Law on 
Literary and Artistic Works. 
Persons Entitled to Protection 
Art. 2. The protection conferred by this Decree-Law 
shall be available to natural and legal persons domiciled 
or having industrial or commercial establishments within 
the territory of the Turkish Republic, or to persons hav­
ing application rights deriving from the terms of the Paris 
or Berne Conventions or the Agreement Establishing the 
World Trade Organization. 
Natural or legal persons other than those referred to in 
the first paragraph of this Article who are nationals of States that accord legal and de facto protection to nation­
als of the Turkish Republic shall enjoy design protection 
in Turkey according to the principle of reciprocity. 
Definitions 
Art. 3. For the purposes of this Decree-Law: 
(a) "design" means all the various features, such as 
lines, colors, texture, shape, sound, elasticity, material or 
other characteristics, perceived by the human senses as 
constituting the appearance of the whole or part of a 
product or its ornamentation; 
( b) "product" means any industrial or handicraft item, 
parts of a complex system, sets, compositions of items, 
packaging, get-up, graphic symbols and typefaces, wi th 
the exception of computer programs and semiconductor 
products; 
(c) "designer" means the creator of the design to be 
protected; 
(d) "Institute" means the Turkish Patent Institute, en­
trusted with the implementation of the provisions of this 
Decree-Law; 
(e) "Paris Convention" means the Paris Convention for 
the Protection of Industrial Property of March 30, 1883; 
(/) "Berne Convention" means the Berne Convention 
of September 9, 1886, for the Protection of Literary and 
Artistic Works; 
(g) "Agreement Establishing the World Trade Organi­
zation" means the International Agreement of April 15, 
1994, Establishing the World Trade Organization; 
(h) "reference date" means the filing date of the appli­
cation for registration or, if priority is claimed, the prior­
ity date. Priority of International Agreements 
Art. 4. Where the provisions of international agree­
ments that have entered into force as provided in the 
Laws of the Turkish Republic offer more favorable con­
ditions than this Decree-Law, the persons referred to in 
Article 2 may request treatment according to those more 
favorable conditions. 
Section II 
Conditions of Protection 
General Conditions 
Art. 5. Protection shall be granted to a design that is 
new and has individual character. The designs of prod­
ucts that are parts of complex items shall be protected if 
and when the design of the part is itself new and has indi­
vidual character. 
Novelty 
Art. 6. A design shall be considered new if, before the 
reference date, no identical design has been made avail­
able to the public in the world. Designs differing only in 
immaterial details shall be deemed identical. The notion 
of making available to the public shall cover all forms of 
sale, use, publication, advertising, display or other such 
activities. 
Individual Character 
Art. 7. A design shall be regarded as having indi­
vidual character if the overall impression that it conveys 
to the informed user is significantly different from the 
overall impression conveyed to the same user by any 
design referred to in the second paragraph of this 
Article. 
For any other design to be used to determine, by com­
parison, the individual character of a design: 
(a) it shall have been made public in Turkey or else­
where in the world before the application date; 
(b) it shall have been published by the Institute as a 
registered design, and its term of protection shall not 
have expired on the application date of the design with 
which it is to be compared. When individual character is 
determined, emphasis shall be placed on the common fea­
tures of the designs, and the degree of freedom exercised 
by the designer in developing the design shall also be 
taken into consideration. IP/NI1 ITURlDI 1 
Page 5 
Disclosures Not Prejudicial to Novelty 
or Individuality 
Art. 8. If a design for which protection is sought has 
been made available to the public during the 12-month 
period prior to the filing date of the application or, if 
priority is claimed, during the 12-month period preceding 
the priority date, either by the designer or his successor in 
title or by a third party with their approval or in breach of 
relations with the designer of his successor in title, such 
disclosure shall not affect the novelty and individuality 
referred to in Articles 6 and 7. 
Designs Contrary to Public Policy and Morality 
Art. 9. Designs contrary to public policy and general 
principles of morality shall not be protected. 
Other Situations Outside the Scope of Protection 
Art. la. Designs determined by a technical function 
that does not allow the designer any freedom in the de­
sign of characteristics and elements shall be outside the 
scope of protection. 
A design that must necessarily be reproduced in its 
exact form and dimensions in order to permit the product 
in which the design is incorporated or to which it is ap­
plied to be mechanically assembled or connected to other 
products shall be outside the scope of protection.. . 
However, designs serving the purpose of allowmg SI­
multaneous and infinite or multiple assembly or connec­
tion of identical or mutually interchangeable products 
within a modular system shall be within the scope of pro­
tection, subject to compliance with the provisions of Ar­
ticles 6 and 7. 
Section III 
Scope and Term of Protection 
Scope of Protection 
Art. 11. All designs that convey to the informed user a 
significantly similar overall impression in conformity 
with Article 7 shall be taken into consideration when the 
scope of protection is determined. 
Term of Protection of the Registered Design 
Art. 12. The term of protection of the registered design 
shall be five years from the filing date of the application. 
The term of protection shall be renewable for succes­
sive periods of five years up to a total term of 25 years. IP/N/I/TURlDll 
Page 6 
PART II 
ENTITLEMENT, CLAIMS AND LIMITATIONS 
Section I 
Entitlement, Rights, Infringement 
Right to the Design 
Art. 13. The right to the designs shall vest in the de­
signer of his legal successor in title. 
If more than one person is the designer, the provisions 
governing joint ownership shall apply unless otherwise 
agreed between the parties. 
Each person qualifying for design rights may do the 
following on his own initiative, independently of the 
other joint holders: 
(a) He may freely dispose of his share of the design 
rights; joint holders shall have priority purchase options 
in the event of transfers to third parties. 
The transfer of the share shall be made by means of a 
written statement and recorded in the Register. The Insti­
tute shall notify the other shareholders of the situation 
within two months to enable them to exercise their prior­
ity purchase options. Priority purchase options shall be 
exercised within one month of receipt of the notice. 
(b) He may make use of the design after having in­
formed the other shareholders. 
(c) He may take the necessary action to protect the 
design. 
The design may be licensed to third parties with the 
approval of all the shareholders. However, the court may, 
under justifiable circumstances, grant that right to one of 
the shareholders. 
(d) He may institute legal proceedings against third 
parties in the event of infringement of the joint design 
rights. The other shareholders shall be informed of the 
institution of proceedings within one month in order to 
enable them to take part therein. 
Entitlement in Employment Relations 
Art. 14. Where designs are developed by employees in 
the performance of their duties, the design rights shall 
vest in their employers unless otherwise provided in the 
contract or understood from the nature of the work. 
Design rights shall vest in the employers in respect of 
designs that are not required by contract but are devel­
oped by employees using information and equipment 
available to them in the course of their work. 
In such cases the employee shall be given a reward the 
value of which shall be determined by the merit and sig­
nificance of the design. 
The court shall set a suitable figure for the reward if 
the parties fail to agree on the value thereof. Designs Created by University Staff 
Art. IS. Notwithstanding Article 14, in the case of de­
signs developed by teaching staff engaged in scientific 
work at university faculties and schools, the designs 
rights shall vest in the relevant member of the teaching 
staff. 
The term teaching staff shall be understood in the 
sense given it by the provisions of the Higher Education 
Law. 
Where the educational institute has defrayed the cost 
of certain equipment and supplies, it shall be informed 
when the design is exploited, and the designer shall ma.l..:e 
available, at the request of the institute, information on 
the means of exploitation of the design and on the reve­
nue derived from that exploitation. The educational insti­
tute may then, within three months of receipt of the 
written information, claim a suitable share in the revenue, 
provided that the amount requested shall not in any even t 
exceed the expenses incurred by the institute. 
Entitlement Under Contracts Other Than 
Employment Contracts 
Art. 16. For designs developed under service contracts 
other than employment contracts, the design rights shall 
vest in the client, except where the contract provides 
otherwise. 
Scope of Design Rights 
Art. 17. The holder of the design rights shall have ex­
clusive rights in relation to the use of the design. Third 
parties may not, without the consent of the holder of the 
design rights, produce, place on the market, sell, offer, 
import, put to commercial use or keep in stock for those 
purposes any product in which such a design is incorpo­
rated or to which it is applied. 
Right to Be Recognized as Designer 
Art. 18. The designer, as distinct from the applican t 
for or the holder of the design rights, shall have the righ t 
to be cited as the designer in the priority documents and 
in the publication. 
Any transfer or renunciation of that right shall be 
without legal effect. Where the design is the result of 
teamwork, that condition shall be clearly stated. 
The implementation procedures of the second para­
graph above shall be laid down in the Implementing Reg­
ulations by the Institute. 
Claims to Entitlement 
Art. 19. Where an application for design rights has 
been made by a person not entitled thereto or where design rights have been registered in the name of a person 
not entitled thereto under Article 13, the entitled person 
may, without prejudice to any other rights and claims ac­
cruing to him from his design rights, demand that the de­
sign rights be transferred to him. 
In the case of partial entitlement to design rights, a 
claim to be a joint holder may be made under the preced­
ing paragraph. 
Legal proceedings to press claims under the first and 
second paragraphs above may be instituted within two 
years following the date of publication of the regis­
tration, and until the end of the term of protection if 
there is evidence of bad faith in the original claim of 
entitlement. 
The fact that legal proceedings have been instituted 
under this Article, the final decision or the termination of 
the proceedings in any other way shall be recorded in the 
Register at the request of the party concerned to be bind­
ing on third parties. 
Effects of a Judgment on Entitlement 
Art. 20. Where there is a change in the ownership of a 
design by virtue of the provisions of Article 19, licenses 
and other third-party rights shall lapse on the entry of the 
change in the Register. 
If, before the rightful ownership has been registered, 
the holder of the design rights or licensee has exploited 
the design or made genuine and effective preparations for 
doing so, he may request a non-exclusive license from the 
new holder. The license shall be granted for a reasonable 
period and on reasonable terms. 
The period for the request referred to in the second 
paragraph above shall be two months for the person pre­
viously registered as the holder of the design rights and 
four months for the licensee. The period shall start on the 
date on which the Institute notifies the parties concerned 
that the rightful owner's name has been entered in the 
Register. 
The second and third paragraphs above shall not apply 
if the previous holder of rights or the licensee was acting 
in bad faith when he began to exploit the design or to 
make preparations for doing so. 
Section II 
Limitations on Design Rights 
Limitations on Design Rights 
Art. 21. The rights conferred by a registered design 
shall not extend to: IPIN/1/TURlD/1 
Page 7 
(a) acts done privately and for non-commercial pur­
poses; 
(b) acts done for experimental purposes; 
(c) acts of reproduction for the purposes of quotation 
or teaching, provided that such acts are compatible with 
fair trade practice and do not prejudice the normal exploi­
tation of the design, and that the source of the design is 
mentioned; 
(d) the equipment on ships and aircraft registered in 
another country when they temporarily enter the territory 
of the Turkish Republic, and the importation of spare 
parts and accessories for the repair of such craft, includ-
ing the execution of the repairs. . 
Use for Repair Purposes 
Art. 22. The use of the design, after three years 
from the time at which a product incorporating the 
design or to which the design is applied is first placed 
on the market by third parties by virtue of the provi­
sions of Article 17 shall not be considered an infringe­
ment of rights provided that the following conditions 
are met: 
(a) the product designed is part of a complex product 
on whose appearance the design is dependent; 
(b) the use is for repair purposes to restore its original 
appearance to the complex product; 
(c) the public is not misled as to the origin of the prod­
uct used for repair. 
Rights of Prior Use 
Art. 23. The holder of design rights may not invoke 
his rights to prevent the use of a design by third 
parties who have, in good faith, commenced use or 
made real and effective preparations to that end before 
the filing date of the application for registration or, if 
priority is claimed, before the date of priority, and 
where the design has been developed independently of 
the registered design which on the said date had not 
yet been made available to the pUblic. This situation 
shall be recorded in the Register. However, the third 
parties entitled to exploit the design under this Article 
may not exceed the scope and needs of the undertak­
ing within which the use was made or to be made. 
This right may not be transferred separately from the 
undertaking. 
Exhaustion 
Art. 24. Acts relating to a product in which a design is 
incorporated or to which it is applied shall be outside the 
scope of protection of the design after the product has 
been put on the market in Turkey by the holder of the 
design rights or with his consent. IPINllITUR/D/l 
Page 8 
PART III 
REGISTRATION, RENEWAL, OPPOSITION 
Section I 
Applications and Conditions 
Registration Authority 
Art. 25. The body authorized to register designs is the 
Institute. All applications shall be filed with the Institute 
or with whatever body it may authorize for the purpose. 
Filing of Applications 
Art. 26. An application for registration of a design 
shall be filed together with the following: 
(a) a request, the form and contents thereof as speci­
fied in the Implementing Regulations, including informa­
tion identifying the applicant; 
(b) a drawing or painting or graphic, photographic or 
similar representation of the design suitable for reproduc­
tion and showing all of its specific features. The applica­
tion shall contain a written description of the design and 
the list of the products in which it is to be incorporated or 
to which it is to be applied. 
If the subject matter of the application is a two-dimen­
sional design, deferment of publication may be requested 
under Article 35. If deferment is requested and the repre­
sentation of the design referred to in the first paragraph 
above cannot be supplied owing to the nature of the de­
sign, a specimen of the product in which the design is 
incorporated or to which it is applied may be deposited 
instead. 
For the filing to be valid, an application fee shall be 
paid and the receipt of payment annexed to the applica­
tion. 
The identity of the designer shall be stated in the ap­
plication. If the applicant is not the designer or not the 
sole designer, an explanation shall be given of the means 
by which he has obtained the right to apply for registra­
tion. 
All documents filed with the application for registra­
tion of a design or submitted to the Institute later shall 
comply with the Implementing Regulations. 
Application procedures may be simplified by the In­
stitute, in an Implementing Regulation, for designs relat­
ing to products in industries subject to frequent fashion 
changes. 
Classification 
Art. 27. In the implementation of this Decree-Law, use 
shall be made of the International Classification for In-dustrial Designs for the classification of the products in 
which the designs are incorporated or to which they are 
applied. 
Multiple Applications 
Art. 28. One and the same application may relate to 
two or more designs. However, this possibility shall be 
subject to the condition, except in the case of ornamenta­
tion, that the products in which the designs are to be in­
corporated or to which they are to be applied all belong to 
the same subclass or to the same set or composition of 
items. Such a multiple application shall be subject to pay­
ment of an additional application fee, to be specified in 
the Implementing Regulations, over and above the fees 
referred to in Article 26. 
Right of Priority 
Art. 29. Natural or legal persons or their legal 
successors in title who are nationals of any State party 
to the Paris Convention or, if not nationals, who are 
domiciled or have an active business in such a State, 
shall enjoy a right of priority of six months from the 
date of the filing of a valid application with the authorized 
bodies of the State concerned for the filing of an 
application to obtain a registration certificate in Turkev 
for the same design. • 
Priority rights not exercised within the six months 
specified in the preceding paragraph shall be considered 
void. 
Where priority is claimed under the first paragraph 
above, all applications filed and registration certificates 
obtained by third parties shall be declared invalid as of 
the date recognized as the priority date for designs within 
the scope of protection. 
Natural and legal persons who are nationals of States 
referred to in the second paragraph of Article 2 shall en­
joy the priority rights provided for in this Article. 
If a natural or legal person w'ho is a national of a State 
party to the Paris Convention has filed a valid application 
in a State not party to the Paris Convention, he shall en­
joy the priority rights provided for in this Article in re­
spect of that filing. 
A subsequent application in respect of a design that 
has been the subject of a previous first application filed in 
the same State shall be considered the first application for 
the purpose of determining priority. 
However, to be considered the first application on the 
filing date of the subsequent application, the previous 
application must have been withdrawn, abandoned or re­
fused without having been laid open to public inspection, 
and no right therein may remain outstanding. The previ­
ous application may not thereafter serve as a basis for a 
priority claim. Exhibition Priority 
Art. 30. Natural or legal persons as referred to in the first 
paragraph of Article 29 who have displayed products in 
which the design is incorporated or to which it is applied at 
national or international exhibitions in Turkey or at official 
or officially recognized national or international exhibi­
tions in the States party to the Paris Convention may claim 
a right of priority for the registration of the design in 
Turkey if the priority application is filed within a period of 
six months from the date of the first display of the products. 
If the product has been displayed at the exhibition be­
fore the official opening date, the right of priority shaH 
start on the date on which the product was first displayed 
at the exhibition. 
The officials of the exhibition held in Turkey shall 
supply evidence attesting the name of the product, the 
first display date and the official opening date, together 
with photographs clearly showing the whole of the prod­
uct on display. 
For the products displayed in foreign countries, the 
evidence specified in the third paragraph above shaH be 
supplied by the relevant authorities of the State concerned. 
A product in which a filed or registered design is in­
corporated or to which it is applied may not be prevented 
from being displayed at an exhibition in Turkey or from 
being returned to its country of origin after the close of 
the exhibition. 
Where there are two or more applications for the same 
or a similar product in which a filed or registered design 
is incorporated or to which it is applied, the applicant 
who first displayed the product or, if two or more dis­
played it at the same time, the one who filed his applica­
tion first shall enjoy the right of priority. 
Claiming and Evidencing Priority, 
Effect of Priority Rights 
Art. 31. The effects of the priority rights deriving from 
Articles 29 and 30 shaII obtain as of the date of the appli­
ation the priority of which is claimed. 
An applicant wishing to avail himself of his priority 
rights shall file a claim of priority with his application for 
design registration. If the claim of priority is not substan­
tiated within three months of the filing of the application, 
the claim of priority shaII be considered invalid. 
Priority granted by virtue of the exhibition priority 
provisions shall not extend the period of priority laid 
down in Article 29. 
Section II 
Registration Procedure, Renewal, Opposition 
Examination 
Art. 32. The Institute shall refuse an application for 
design registration the subject and scope of which is not 
covered by the provisions of Article 3. IP /NI 1/TURlDIl 
Page 9 
The Institute shall examine the application for compli­
ance with the conditions specified in Articles 26 and 28 
and for deficiencies. If the Institute concludes that there 
are no deficiencies, the application shaH be accorded 
as its filing date the date, hour and minute on which it 
was originally filed with the Institute or with the body 
authorized by the Institute for the purpose. 
If a priority claim has been filed, the Institute shall 
undertake an examination in accordance with the provi­
sions of Articles 29, 30 and 31. 
Remedying Deficiencies 
Art. 33. If deficiencies are noted with respect to the 
conditions laid down in Articles 26 and 28, the Institute 
shall request the applicant to remedy them. 
If the applicant complies with the Institute's request 
and remedies, within the time specified in the Implement­
ing Regulations, the deficiencies that fall within the 
scope of the first paragraph of Article 26, the Institute 
shall allow as the filing date the date on which those defi­
ciencies are remedied. 
If the applicant complies with the Institute's request 
and remedies, within the time specified in the Implement­
ing Regulations, the deficiencies that fall within the 
scope of the first paragraph of Article 26, the Institute 
shall allow as the filing date the date on which the defi­
cient application was originally filed. 
If the deficiencies noted pursuant to the first para­
graph above are not remedied in accordance with the pro­
visions of this Decree-Law or are not remedied within the 
prescribed period, the Institute shall refuse the applica­
tion. 
Fail ure to satisfy the requirements concerning the 
claiming of priority shall result only in the loss of priority 
for the application. 
Registration and Publication 
Art. 34. An application that has been accorded a filing 
date in accordance with the provisions of Articles 32 
and 33 shall be entered in the Register of Designs. 
A design entered in the Register shall be published in 
the relevant bulletin with the following particulars: 
(a) serial number and date of the filing and, if priority 
has been claimed, the priority date; 
(b) identity of the holder of the design; 
(c) identity of the designer or design team; 
(d) a drawing or painting or graphic, photographic or 
similar representation of the design showing all of its 
specific features; 
(e) where a specimen has been deposited, a mention of 
the deposit; 
if) other particulars prescribed by the Implementing 
Regulations. IPIN/l/TURlD/1 
Page 10 
Deferment of Publication 
Art. 35. The applicant for a design registration may, 
on filing the application, request defelment of publica­
tion for a period not exceeding 30 months from the filing 
date of the application. 
An application containing a request for deferment of 
publication shall be entered in the Register after it has 
been accorded a filing date, provided that neither the rep­
resentation of the design nor the contents of the file relat­
ing to the application shall be open to public inspection. 
The Institute shall 'publish in the relevant Bulletin a 
mention of the deferment of publication of the registered 
design. The mention shall include information on the 
identity of the holder of the design rights, the filing date 
of the application, the period of deferment requested and 
any other particulars prescribed by the Implementing 
Regulations. 
On the expiry of the period of deferment, or on any 
earlier date at the request of the holder of the rights, the 
Institute shall open the file relating to the application and 
all Register entries to public inspection, and shall publish 
the registered design. However, before publication, the 
publication fee and, in the case of a multiple application, 
the additional publication fee shall be paid, and a represen­
tation of the design suitable for reproduction shall be filed 
if a specimen of the product in which the design is incorpo­
rated or to which it has been applied was deposited with the 
original application. If these conditions are not met within 
the period specified in the Implementing Regulations, the 
design registration shall be deemed never to have had the 
effects specified in this Decree-Law from the outset. 
In the case of multiple applications, the provisions of 
this Article may be applied to only some of the designs 
included therein. 
The institution of legal proceedings on the basis of a 
design registration during the period of deferment of pub­
lication shall be subject to the condition that the informa­
tion contained in the Register and in the file relating to 
the application has been communicated to the person 
against whom the action is brought. 
References in this Decree-Law to the date of publica­
tion of a registered design subject to deferment of publi­
cation shall be construed as references to the date on 
which the Institute performs the acts referred to in the 
fourth paragraph above. 
Renewal 
Art. 36. The registration ofa design shall be renewed, 
on payment of the renewal fee, at the request of the hold­
er of the rights or of the person authorized by him. 
The Institute shall inform the holder of the rights of 
the expiry of the registration within the time limit speci­
fied in the Implementing Regulations. The Institute shall 
not be liable for failure to provide such information. 
The request for renewal shall be submitted and the re­
newal fee paid within six months before the last day of the month in which protection ends. If this deadline is not 
met, the request may be submitted within a further period 
of six months from the day referred to in the preceding 
sentence, subject to payment of an additional fee. 
Renewal shall take effect on the day following the 
date on which the existing registration expires. The re­
newal shall be entered in the Register. 
The provisions of this Decree-Law shall cease to have 
effect on design registrations that have not been renewed 
within six months following the expiry of the period of 
protection. 
Opposition 
Art. 37. Natural or legal persons or related profession­
al organizations may, according to the procedures pre­
scribed in the Implementing Regulations, file a request 
for invalidation of a design registration with the Institute 
after the publication thereof. 
The request for a declaration of invalidity, which shall 
clearly explain the objections, shall be filed in the form 
of a written statement within six months following publi­
cation and the fee prescribed in the Implementing Regu­
lations must be paid before it can be considered. The 
Institute may request the provision of additional docu­
ments, evidence and justifications within a period set by 
itself. 
Examination 
Art. 38. During the examination of the request for a 
declaration of invalidity, the Institute may, when it 
deems fit and as often as necessary, request the written 
observations of the parties and communicate such obser­
vations and objections to the other parties involved. 
PARTlY 
TRANSFER OF APPLICATION AND DESIGN 
RIGHTS; LICENSE AGREEMENTS 
Section I 
Transfer, Security, and Attachment 
Transfer, Attachment 
Art. 39. The right deriving from a design application 
or design registration may be transferred to third parties, 
and may also be transferred by succession. 
Application and design rights may be given as securi­
ty and may be attached. At the request of one of the par­
ties, the relevant rights shall be entered in the Register 
and published. The relevant provisions of the Turkish 
Civil Code and the Bankruptcy and Execution Law shall 
apply to security rights and attachment. Inter vivos transactions involving application and de­
sign rights shall be conducted in writing. 
The inheritance or transfer of application or design 
rights shall be entered in the Register and published on 
payment of the fee specified in the Implementing Regula­
tions. The effects shall be binding on third parties as from 
the publication date. 
Non-Divisibility 
Art. 40. Application or design rights may not be ap­
portioned for transfer purposes or for establishing entitle­
ment to them as such, even where there are two or more 
holders of the rights. 
Section II 
Licensing 
Licensing 
Art. 41. Application rights and design rights may be 
licensed to be effective on all or part of the national terri­
tory. A license may be exclusive or non-exclusive. 
The holder of the application or design rights may 
bring legal action against the licensee in the event of a 
breach of the contract conditions by the licensee. 
Unless otherwise specified in the contract, the license 
shall be understood to be non-exclusive. The licensor 
may make use of his design rights personally, and may 
license the same design rights to third parties. 
In the case of an exclusive license, the licensor may 
not grant licenses to third parties and may not avail him­
self of the design rights unless the contract specifically so 
provides. 
The licensee may not transfer the rights arising from 
the license or grant a sub-license unless the contract spe­
',[icalIy so provides. 
Unless the contract provides otherwise, the licensee 
shall have exclusive rights in relation to the use of the 
design throughout the national territory during the period 
of protection. 
Licensing contracts shall be in writin~, and at the re­
quest of one of the parties shall be entered in the Register 
and published. 
Unless the contract provides otherwise, the holder of 
an exclusive license may, in the event of infringement of 
the design rights, institute in his own name all legal pro­
ceedings that have been made available to the holder of 
the design rights by this Decree-Law. Holders of non­
exclusive licenses shall not have the right to institute 
legal proceedings. 
In the event of infringement, the holder of a non-ex­
clusive license may serve notice on the holder of the de­
sign rights, through a notary public, to institute such 
proceedings as may be required. IP /NI lITUR/D1l 
Page 11 
In the event of the holder of design rights refusing, or 
within three months of receipt of the above notice failing, 
to institute proceedings, the holder of a non-exclusive 
license shall have the right to do so in his place. 
The licensee may, in the face of serious damage that is 
liable to persist with the passage of time, apply to the 
court for the issue of a restraining injunction. 
The licensee who has instituted proceedings in respect 
of the tenth paragraph above shall notify the holder of the 
design rights that the proceedings have been instituted. 
Unlawful Transfer of Rights and Licensing 
Art. 42. Where application rights or design rights have 
been licensed or transferred by an unauthorized person, 
that person shall be liable to the persons concerned for 
his acts. 
In the event of withdrawal or refusal of the application 
or invalidation of the design rights by the court, the pro­
visions of Article 45 of this Decree-Law shall apply inso­
far as the parties have not provided by contract for further 
liability of the licensor or the transferee of the rights. 
The period for claiming damages arising from the ~ro­
visions of this Article shall start on the date of the fmal 
court ruling on liability. The relevant provisions of the 
Code of Contractual Obligations shall apply to the time 
limit. 
Where the licensor or the transferee has acted in bad 
faith, there shall be no time limit on his liability. 
PART V 
INV ALIDITY OF THE DESIGN REGISTRATION 
AND TERMINATION OF DESIGN RIGHTS 
Section I 
Invalidity of the Design Registration 
Invalidity 
Art. 43. A design registration shall be declared invalid 
by the court in the following cases: 
(a) where it is proved that the design is not eligible for 
protection under the provisions of Articles 5 to 10 inclu­
sive of this Decree-Law; 
(b) where it is proved that the design rights provided 
for in Articles 13. 14, 15 and 16 of this Decree-Law actu­
ally belong to another person or persons; 
(c) where there is a conflicting design that has been 
made available ·to the public at a later date but has an 
earlier date of filing. IP/N/lITUR/D/l 
Page 12 
A declaration of invalidity due to non-entitlement in 
terms of Article 13, 14, 15 or 16 may only be filed by the 
holders of rights under those Articles. In such a case the 
provisions of Article 19 of this Decree-Law shall be 
applied. 
Where the invalidity affects only part of the applica­
tion or of the registered design, partial invalidity shall be 
declared in respect of the product or products affected by 
the part declared invalid. The protection shall remain 
valid for the product or products incorporating the part 
not declared invalid. 
Request for a Declaration of Invalidity 
Art. 44. Any person may request invalidation except 
as prov ided in the second paragraph below. 
A declaration of invalidity under subparagraph (c) of 
Article 43 may be requested only by the previous holder 
of rights, and under Articles 13, 14, 15 and 16 only by the 
holders of the design rights. 
A declaration of invalidity may be requested during 
the term of protection or within five years following the 
termination of the rights. 
Invalidity actions brought before the court shall be 
directed against the holder of design rights registered in 
the Register of Designs at the time of the institution of 
proceedings. 
Effects of Invalidity 
Arr. 45. The final decision declaring invalidity shall 
have retroactive effect. Therefore, the legal protection af­
forded by this Decree-Law to an application or registered 
design shall be deemed never to have existed from the 
outset when invalidity is declared. 
The retroactive effect of invalidity shall not extend to 
the following, but without prejudice to compensation 
claims for damage due to negligence or lack of good faith 
on the part of the holder of the design rights and to unjust 
enrichment: 
(a) any final decision on infringement of design 
rights reached and enforced prior to the declaration of 
invalidity; 
(b) contracts concluded and executed prior to the dec­
laration of invalidity; however, partial or total repayment 
of sums paid under the cbntract may be claimed, on 
grounds of equity, to an extent justifiable by the circum­
stances. 
A final declaration of invalidity shall be effective 
against all persons. The court decision received by the 
Institute shall be entered in the Register and published 
within the period prescribed by the Implementing Regu­
lations. Section n 
Termination of Design Rights 
Reasons for Termination 
Art. 46. Design rights deriving from this Decree-Law 
shall be considered terminated when: 
(a) the term of protection has expired; 
(b) the holder of the design rights has surrendered his 
rights; 
The expiry of the term of protection provided for in 
this Decree-Law shall not affect the rights provided for in 
other laws where and when the conditions thereof are ap­
plicable. 
Surrender of Design Rights 
Art. 47. The owner of a design may surrender pan or 
all of his rights arising from the design registration or the 
application therefor. 
The surrender shall be filed in writing with the Insti­
tute. Surrender shall have effect as from the date of entry 
in the Register of Designs. 
The owner of a design may not surrender his rights 
without the consent of the licensees or holders of righ ts 
recorded in the Register of Designs. 
Where the design has been claimed by a third party 
and a court injunction to that effect has been recorded in 
the Register of Designs, the surrender of design ri gh ts 
may not be requested without the consent of the said third 
party. 
PART VI 
INFRINGEMENT OF DESIGN RIGHTS AND 
CIVIL PROCEDURES FOR INFRINGEMENT 
Section I 
Infringement of Design Rights 
Infringement 
Art. 48. The following shall be considered infringe­
ment of design rights: 
(a) the making, producing, placing on sale, offering, 
selling, putting to use, importing or keeping in stock for 
those purposes of an identical or significantly similar de­
sign without the consent of the holder of the design 
rights; 
(b) the transfer to third parties or expansion of rights 
acquired under a license contract; 
(c) participation or assistance in or the encouragement 
or furtherance in whatever manner of the acts referred to 
in subparagraphs (a) and (b), above; (d) failure to explain where and how an illegally pro­
duced and marketed product was obtained when found to 
be in possession thereof; 
(e) unlawful appropriation of entitlement. 
Where a design application has been published in ac­
cordance with Article 34 of this Decree-Law, the holder 
of the application rights shall be entitled to institute civil 
and criminal proceedings against the infringing party. 
Where the infringing party has been informed of the ap­
plication and its scope, infringement shall be regarded as 
having occurred before publication when the court rules 
that the infringing party was acting in bad faith. 
The absence of any notice on the product or its pack­
aging or in the invoice that the design is registered shalI 
not negate the fact of infringement. 
The particulars in the Register shall be taken into con­
sideration in the assessment of the infringement. 
Art. 48A .-( a) Persons who make false statements as to 
the true identity of the holder of the design rights, or 
those who remove without authority the notice of design 
rights properly placed on a product or on its packaging, 
or who falsely present themselves as the owners of design 
application rights or design rights shall be sentenced to 
imprisonment for a term of between one and two years 
and to a fine of between 300 million and 600 million 
Jiras. 
(b) Persons who without authority transfer, deposit as 
security or take any such action with a view to the exer­
cise of any of the rights of transfer, use as security, at­
tachment and other such rights provided for in the 
relevant Articles and those held under license, and who 
affix signs on a product produced or placed on sale by 
themselves or by others, or on the packaging thereof or in 
business documents or advertising material in such a way 
as to convey the impression that a relationship exists with 
legally protected design rights, or who to the same end 
use written matter, signs or expressions in advertisements 
1nd commercials in the published and visual media with­
vut being the rightful owners of the design rights, or who 
do the foregoing after the expiry of the term of protection 
or after invalidation or termination of the design rights 
shall be sentenced to imprisonment for a term of between 
two and three years and to a fine of between 600 million 
and 1 billion Iiras. 
(c) Those who have committed any of the offenses 
specified in Article 48 shall be sentenced to imprison­
ment for a term of between two and four years and to a 
fine of between 600 million and 1 million Iiras, in addi­
tion to which the judgment shall order the closure of the 
premises of their undertaking for a period of not less than 
one year, during which time they shall also be prevented 
from practicing any commercial activity. 
Where the offenses specified above are committed by 
persons working in the undertaking, either on their own 
initiative or on instructions given them in the course of 
their duties, the staff and the owner or manager of their IP/NIlITUR/DI 1 
Page 13 
representative or the person holding whatever title who is 
de facto managing the undertaking who have not pre­
vented the offense shall be punished in the same manner. 
Where the offenses specified in Article 48 have been 
committed in the performance of tasks on behalf of a le­
gal entity, the legal entity shall also be liable for the 
fines, expenses and damages in place of the actual per­
sons who have committed the offense. For those assisting 
in the acts, depending on the nature of the action, the pro­
visions of Articles 64,65,66 and 67 of the Turkish Penal 
Code shall apply_ Prosecution with respect to the of­
fenses specified above shall be subject to complaint. 
Subparagraph 8 of paragraph 1 of Article 344 of Crim­
inal Procedure Code No. 1412 shall not apply to the im­
plementation of this Article. The right of complaint shall 
belong to the person whose design rights have been in­
fringed, and also to the Institute for all offenses except 
those provided for in Article 48; it shall belong to con­
sumer associations and to establishments governed by 
Laws No. 5590 or 507 for false statements as to the true 
identity of the holder of the design rights, and for the af­
fixing of signs on a product produced and placed on sale 
by oneself or by others, or on the packaging thereof or in 
commercial documents or advertising material in such a 
way as to convey the impression that a relationship exists 
with protected design rights, or for the use to the same 
end of written matter, signs or expressions in advertise­
ments and commercials in the published and visual media 
without being the rightful holder of the design rights, or 
for such acts performed after the expiry of the term of 
protection or after invalidation or termination of the de­
sign rights. Proceedings against such offending acts 
should be initiated within two years of the date on which 
the offending act and the offender became known. 
Complaints concerning acts falling within the scope 
of this provision shall be treated as urgent matters. The 
provisions of Article 36 of the Turkish Penal Code and 
the relevant Articles of the Criminal Procedure Code 
shall apply to the seizure, confiscation or destruction of 
the goods, and of the equipment and machinery used to 
produce those goods, in relation to which offenses have 
been committed through infringement of the rights aris­
ing from a design rights application or a protected design 
in accordance with the provisions of this Decree-Law. 
Section II 
Civil Proceedings 
Action by the Holder of Design Rights 
and Competent Court 
Art. 49. A holder of design rights whose rights have 
been infringed may in particular apply to the court for the 
following: 
(a) recognition of the existence of an infringement; 
(b) prohibition and prevention of the infringing acts; IPINIIITURlDIl 
Page 14 
(e) remedies for infringement and compensation for 
damages incurred; 
(d) confiscation of the products produced or imported 
and of the equipment used directly to produce such prod­
ucts as have infringed the rights in a registered design; 
(e) ownership of the products confiscated under sub­
paragraph (d), above, in which case the value of the prod­
ucts shall be deducted from the compensation awarded; if 
the value of the products is found to be greater than the 
compensation value awarded, the holder of the design 
rights shall repay the balance to the infringing party; 
(f) enforcement measures to prevent the continued in­
fringement of rights, in particular the destruction of the 
goods and equipment if it is essential for the prevention 
of the acts of infringement or of alterations to the prod­
ucts and equipment confiscated under subparagraph (d); 
(g) disclosure of the court judgment to the public and 
to those concerned, the cost thereof to be met by the of­
fending party. 
With regard to the measures, the court shall rule on 
precautionary measures in accordance with the relevant 
provisions of the Civil Procedure Code. 
The competent court for the institution of civil pro­
ceedings against third parties by the holder of the design 
rights shall be court of the domicile of the plaintiff, the 
place in which the act was committed or the place in 
which the act had effect. 
Where the plaintiff is not a citizen of the Republic of 
Turkey, the competent court shall be that of the domicile 
of the authorized agent entered in the Register or, if the 
agent's registration has been canceled, that of the domi­
cile of the Institute. 
The competent court for the institution of proceedings 
by third parties against the holder of the design rights 
shall be the court of the domicile of the defendant. If the 
applicant for or holder of the design rights is not domi­
ciled in Turkey, the provisions of the third paragraph 
above shall prevail. 
Where there are several competent courts, the court at 
which the proceedings are instituted first shall be the 
competent court. 
Compensation 
Art. 50. Infringers who have committed acts provided 
for in Article 48 shall be liable for the damages incurred 
by the holder of the design rights. 
Documents Evidencing Infringement 
Art. 51. The holder of the design rights may request 
from the infringing party the documents relating to the 
use of the design without his consent, for the assessment 
of the injuries suffered as a result of the infringement of 
the design. Non-Realization of Profits 
Art. 52. The injuries suffered by the holder of the de­
sign rights shall include not only the value of the actual 
loss but also the income not realized owing to the in­
fringement of the design rights. 
The loss of income shall be calculated according to 
one of the following criteria at the discretion of the hold­
er of the design rights who has suffered the injury: 
(a) the potential income that the said holder would 
have realized if there had been no competition from the 
infringing party; 
( b) the income actually realized by the infringing par­
ty from the use of the design; 
(c) the license fee that would have been paid if the par­
ty infringing thc design rights had made use of the design 
under a legal license contract. 
The calculation of the profits not realized shall take 
into account, in particular, the economic value of the de­
sign, the term of protection remaining at the time of in­
fringement, the type and number of licenses outstandin g 
and similar factors. ~ 
Increasing the Amount of the Profits Not Realized 
Art. 53. Where the holder of the design rights has se­
lected one of the calculation methods specified in Arti­
cle 52, the court may add a reasonable additional amount 
if, in its opinion, the design contributes substantially to 
the economic value of the product. 
The assessment of the design's contribution to the 
economic value of the product shall be based on verifica­
tion that the demand for the product is to a large extent 
due to the design. 
Replllation of the Design 
Art. 54. The holder of the design rights may request 
extra damages for the harm attributable to the poor quali­
ty of the product incorporating the design and to the im­
proper marketing methods used by the party infringing 
the design rights which were detrimental to the reputation 
of the design. 
Reduction of Compensation 
Art. 55. Where the compensation awarded to the hold­
er of the design rights is more than the payment that the 
said holder has received from others for the use of the 
design, the compensation shall be fixed according to the 
said payment and the balance deducted from the award. 
Persons Against Whom Action May Not Be Brought 
Art. 56. The holder of the design rights may not insti­
tute proceedings under this Section of this Decree-Law against those who have used goods placed on the market 
by a person who has paid compensation to the said hold­
er. This provision shall not apply if there is evidence of 
bad faith. 
Time Limit 
Art. 57. The provisions of the Code of Contractual 
Obligations on time limits shall apply to the time limits 
for action against infringements of design rights. 
Section III 
Special Courts 
Competent Courts 
Art. 58. Special courts to be established by the Minis­
try of Justice shall have jurisdiction over all of the ac­
tions and claims provided for in this Decree-Law. 
The High Council of Judges and Prosecutors shall de­
termine which of the commercial courts of first instance 
and the criminal courts of first instance shall be appoint­
ed as special courts, and shall specify the jurisdiction of 
each one on a request from the Ministry of Justice. 
The special courts referred to in the first paragraph 
above shall have jurisdiction over actions brought against 
decisions of the Institute under this Decree-Law and over 
actions brought against the Institute by third parties who 
have suffered from its decisions. 
Publication of the Court's Decision 
Art. 59. Where a court judgment has become final, the 
successful party may request the publication in full or in 
summary form of the final judgment in a daily paper or on 
the radio or television or another medium, the cost there­
of to be met by the other party. 
The nature and extent of the publication shall be spec­
ified in the judgment. The right of publication shall be 
void if not exercised within three months of the judgment 
becoming final. 
Section IV 
Special Provisions 
Action by the Licensee 
Art. 60. Unless otherwise provided in the contract, the 
holder of an exclusive license may, in the event of in­
fringement of the design rights, institute in his own name 
all legal proceedings that have been made available to the 
holder of the design rights by this Decree-Law. Holders 
of non-exclusive licenses shall not have the right to insti­
tute legal proceedings. IP/N/1/TURlDIl 
Page 15 
In the event of infringement, the holder of a non-ex­
clusive license may, through a notary public, serve notice 
on the holder of the design rights to institute such pro­
ceedings as may be required. 
In the event of the holder of the design rights refusing 
or, within three months of receipt of the aforesaid notice, 
failing to institute proceedings, the non-exclusive license 
holder shall have the right to institute proceedings. 
In the event of serious damage that will persist with 
the passage of time, the licensee may apply to the court 
for the issue of a restraining injunction. A licensee who 
has instituted proceedings under the third paragraph 
above shall notify the holder of the design rights that pro­
ceedings have been instituted. 
Claims of Non-Infringement 
Art. 61. Any interested party may institute proceed­
ings against the holder of the design rights to obtain a 
non-infringement ruling. 
Prior to the institution of proceedings under the fore­
going paragraph, a notice shall be sent through a notary 
public for the attention of the holder of the design rights 
to enable the said holder to express his views on whether 
the industrial activities or related effective actions initiat­
ed in Turkey by the party serving the notice infringe his 
design rights. 
Where the holder of the design rights, on receiving 
such a notice, does not respond within a month of receipt 
thereof, or where the content of the response is not found 
acceptable by the party serving the notice, the latter party 
shall have the right to institute proceedings under the first 
paragraph above. 
Persons against whom infringement actions have been 
brought in respect of the design rights may not institute 
proceedings under the first paragraph above. 
The institution of proceedings shall be communicated 
to all holders of rights who are entered in the Register of 
Designs. 
The actions referred to in this Article may also be in­
stituted in conjunction with an invalidation action. 
Action to Secure Evidence 
Art. 62. Any person legally entitled to bring action 
this Decree-Law may request the court to determine and 
secure the evidence of infringement of design rights. 
Precautionary Measures 
Art. 63. Any person legally entitled to bring action 
under this Decree-Law may request the court to order 
precautionary measures. 
The request for precautionary measures may be filed 
before or on the institution of proceedings or later. The 
request for precautionary measures shall be examined 
separately. IP/NIl/TURlDIl 
Page 16 
Nature of the Precautionary Measures 
Art. 64. The precautionary measures shall be of such a 
nature as to permit the securing of the judgment and shall 
in particular provide for the following: 
(a) cessation of the acts of infringement of the plain­
tiff's design rights; 
(b) seizure within the borders of Turkey, including at 
the customs or in free ports or free trade areas, and the 
holding in custody of produced or imported goods that 
have infringed the design rights; 
(c) provision of security for such damages as may 
have to be compensated. 
Civil Procedure Code 
Art. 65. With respect to other securing actions and 
precautionary measures, the provisions of the Civil Pro­
cedure Code shall apply. 
Seizure at Customs 
Art. 66. The customs authorities shall withhold as a 
precautionary measure, on either exportation or importa­
tion, goods that have infringed, as fraudulent copies, the 
rights of the holder of the design rights. 
Withholding procedures shall be laid down by legisla­
tion to be enacted for the purpose. 
The withholding measure applied by the customs 
authorities shall cease to have effect if proceedings are 
not instituted before the special court of if a preventive 
injunction is not obtained from .the court within 10 days 
of the said measure. 
PART VII 
REPRESENTATION AND AGENTS 
Representation Before the Institute 
Art. 67. Representation before the Institute may only 
be undertaken by the following: 
(a) natural or legal persons who have filed an applica­
tion; 
(b) qualified design agents. Qualified design agents 
shall be understood as those who meet the requirements 
of Article 30 of Decree-Law No. 544 and have been en­
tered in the Register of Design Agents after having 
passed the design agent examination administered by the 
Institute. Those who are entered in both the Register of 
Trademark Agents and the Register of Patent Agents 
shall be entered in the Register of Design Agents without 
an examination. 
Legal persons may only be represented by those duly 
empowered to do so by their authorized bodies. Persons domiciled outside the country may only be 
represented by design agents. 
Where an agent has been appointed, all procedures 
shaH be conducted through him. All notices made to the 
agent shall be considered to have been made to his 
principal. 
PART VIII . 
PAYMENT OF FEES AND LEGAL EFFECTS 
Conditions of Payment of Fees and Effects 
Art. 68. The fees prescribed by the Implementing Reg­
ulations for the filing of an application and for a regis­
tered design shall be paid by the applicant, by the holder 
of the rights or by the design agent. . 
The payment periods for all the fees prescribed in the 
Implementing Regulations shall be notified by the Insti­
tute to the applicant, to the holder of the design rights or 
to the design agent. 
Where the prescribed fees for any of the actions and 
submissions have not been paid within the period pre­
scribed by the Implementing Regulations, the action or 
submission concerned shall be considered never to have 
had effect since the date of notification by the Institute. 
Where the prescribed fee for the registration of a de­
sign has not been paid within the period provided for in 
this Decree-Law, the application for the registration of 
the design shall be deemed to have been withdrawn. 
TRANSITIONAL PROVISION 
jurisdiction Pending Appoinrment of the Special Courts 
Transitional Provision 1. For the purposes of this De­
cree-Law, until the special courts are established, at the 
request of the Ministry of Justice, the High Council of 
Judges and Prosecutors shall select, from among the com­
mercial courts of first instance and the criminal courts of 
first instance, those to be appointed as special courts, and 
shall specify the jurisdiction of each. 
Entry Into Force 
Art. 69. This Decree-Law shall enter into force on the 
day of its publication. 
Execution 
Art. 70. This Decree-Law shall be executed by the 
Council of Ministers.