Design right and invalidity of design right

Design, means the whole or parts of the elements or features perceived with human feelings such as decotation, lines, shape, color, texture, material or the flexibility of the product which is created as a result of intelectual work. Within the framework of this description, design may briefly be defined as the appearance of a product. Although our laws were aware of the concept of design for as long as the the last seventy years first special arrangement has been made in this regard in our laws in 1995. During this period eforts were made to protect design with the provisions of unfair competition of the Turkish Commerical Code and the Law on Works of Fine Arts.In order for a design to be protected under the scope of Decree/Law number 554, it must be new and different, and must not have been created as a technical requirement of the concerned product and should not be in violation of pubic peace and order and the right of the design must belong to the person who actually made the design. Designs that do not bear these features may be registred if no objections are raised during the application to the Turkish Patent Bureau because necessary examinations cannot be conducted. Legislation, which has taken this situation into consideration, has established the invalidity of the design. If situtations, stipulated in article 43 of the Decree/Law 554 exist, only the court may decide the invalidity of the design. Decisions of invalidity rendered during the protection period or within five years as of the expiration of the right are retroactive, except for applied court decisions and agreements and may be claimed against anybody.Key Words : Design Right, The Scope Of Decree/Law Number, Invalidity Of Design Right.