Infringement of design rights

Design law protects the original elements of a product's external appearance, offering right holders both commercial value and a competitive edge. In this context, ensuring that designs are not only created but also effectively protected against unlawful interference is essential for the proper functioning of the intellectual property system. This thesis explores the scope of design rights and the acts constituting infringement under the Turkish Industrial Property Code No. 6769 (SMK), and compares these rules with the EU Council Regulation No. 6/2002 and the 2024/2822 Reform Regulation. While SMK adopts "distinctiveness" as the threshold for protection, it uses the test of "indistinguishable similarity" for infringement. This conceptual inconsistency leads to unpredictability and weakens legal protection in practice. Additionally, EU legislation has addressed infringement scenarios based on digital production, sharing, and software use, whereas Turkish law still lacks such provisions, creating a significant gap in protection for digital designs. The thesis also examines the complementary role of unfair competition law in protecting both registered and unregistered designs, particularly where design rights have expired or are not available. These intersections are analyzed through doctrinal views and relevant case law. Overall, this study addresses the conceptual and practical relationship between the scope of design protection and infringement criteria, arguing for a more coherent and functional design protection regime within the Turkish legal system.