Industrial design rights and compensation cases

This thesis which is titled as "Industrial design rights and compensation cases" has investigated the protection of the design rights focusing on the decree law No: 554 and also focusing on the Fikir ve Sanat Eserleri Law and the unfair competence provisions of the Commerce Law. Design could mean a product itself as well as a pattern, figure, color, or components of a design, which could be sensed by human beings. Designs are included in intellectual property law. Design means the physical properties of a product which could be observed with the senses of human beings as clearly explained with its definition. Turkey has been introduced with the design concept in 1925 however important improvements have not been made until 1995. During this time, designs have been protected with the unfair competence provisions of the Commerce Law as well as the Fikir ve Sanat Eserleri Law. Taking all these developments into account, with the decree law no: 554 designs have been treated and protected internationally. With this regulation, designs with originality and individuality can be protected. The concept of this protection includes the design from being produced in anywhere in the world as well as defining the protection period, rights and the responsibilities of the design owner, infringement and the regulation of the infringements. Design is limited according to the rights, topic and period and gives all these rights to designer owner. With these rights and responsibilities, the design owner could stop any ransoms caused by the third persons as well as being able to compensate himself/herself in case of a ransom. Design owner has the right to go to court for the reimbursement of the material damages. If there has been any damage in ransom moral rights which also comes out as losing the reliability in professional life, design owner can go to court for moral reimbursement. While deciding the reimbursement amount, person who committed the ransom and the ransom itself should be considered however the reimbursement amount should still be decided objectively. Depending on the level of the damage, reimbursement amount could be increased. Decrease in the reimbursement amount has also been experienced depending on the situation.