Novelty and originality in terms of Intellectual Property Law

In this study, the novelty and originality features in accordance with the objective to set the rights, i.e, that provides the society to develop, that makes the pool of knowledge rich, that is necessary to obtain preservation for the intellectual products that deserve have been investigated. In order to be able to determine whether an intellectual product deserve protection and it has got the characteristics that suits the purpose to give intellectual rights or not, it especially requires to reveal what are the necessary qualities, to examine the situation of the current types of right against these characteristics, to determine the criterion that helps the existence of these characteristics at the intellectual products and to explain the application situation of the current criterion and the suitability if they are goal oriented. Even the criterion indicating novelty, originality, and development are often mixed with one another, to establish an intellectual property, to preserve it, and when it is invalid, they are the criterion that provide the different functions and points the different characteristics of the intellectual product. In this study, in the first part, why the characteristics of novelty and originality are necessary, the functions that investigate the existance of these features, the applicable capacity and levels of these characteristics, and if it exists, the facts that hinder them to get applied are brought up. In the second and third parts of the study, the characteristics of novelty and originality and the criterion and applications concerning these features are investigated. The first result obtained is that it requires to rearrange the concept in the intellectual property, approval and applications, the rights according to their objectives focusing on these objectives and when it is necessary features; and it requires to use these concepts, approval, and applications in accordance with the existing aim of the rights for all the rights. In all the types, it requires to consider the characteristics indicating novelty, originality, and development at the same meaning and level, and to constitute a togetherness of terminology. In order to be ask for the criterion, when a necessity exists, the obligation of registration should exist in the regulations for the works demanded to get preserved, and also for the intellectual products like the nonregistered designs.Key Words : Intellectual, Property, Law, Novelty, Originality.