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Package, model, design

Package, model, design

The stories about how the packaging, model, pattern and spare part designs that influenced buying behaviors could be created are difficult and laborious ones. Particularly in sectors such as textile, furniture, machinery, and food, it is possible for you to protect every single feature that will reveal the difference of your designs, emphasizing the visuality of the product with "Design Registration".

What are the criteria for design registration?

"Novelty" and "distinctive feature" criteria are required in a design for the protection of it.

A design is regarded as new if the same one of that design was not declared to the public before the application for registered design or priority date.

If a general impression of a design on an informed user is different from the impression of any design declared to the public before the application for a registered design or priority date on the very same user, that design is regarded as it fulfills the distinctive feature criterion.

If a design for which protection is requested is declared to the public by the designer or designer's successor, or any third party via the consent of these people, or on the other hand, as a result of an abuse of the relations between the designer and his successors within the twelve months-long time-frame before the application or priority date (if any), this declaration will not affect the novelty and distinctive feature of the design.

Why is design registration important?

If a design is protected with a registration, the right holder will have the monopolistic right.

Third parties cannot produce the protected design or product on which design was applied without the consent of the design owner, cannot release them to any market, import, commercially use or possess seeking these intentions or interests, or propose anything to sign any agreement regarding the design or product on which the design was applied.

Why should I get my design registered abroad?

• Prevents imitation and unfair registrations
• Designs are protected only in the countries in which they are registered.
• Brings prestige
• Prevents issues in the customs clearances

How can I get my design registered abroad?

Designs are protected only in the countries in which they are registered. To protect your designs abroad, you ought to make design registration applications to the countries in your mind. On the other hand, to apply in multiple countries at the same time, you can apply to the systems of these countries, and prevent extra time and costs.

Design registration application systems abroad;

Territorial application

Means that you apply for the design to the official authority of that country via an attorney located in the country.

WIPO - The Hauge system concerning the international design registration applications

• It is carried out by the World Intellectual Property Organization (WIPO) based in Switzerland.
• It is operational in 91 different countries including the OAPI countries and the EU Member States, and a useful application system allowing up to 100 designs.
• At the beginning, international registration offers 5 years of protection time. There are renewals available at least once in the signatory countries of the Hague Agreement (1960), and at least twice in the signatory countries of the Geneva Convention. If the country's law allows, it is possible to have more renewals as well.

EUIPO (The European Union Intellectual Property Office) community design application

• It is carried out by the European Union Intellectual Property Office (EUIPO) located in Spain
• It covers the Member States (28 countries in total) (Turkey is not a member of this system because it is not a member state)
• A design registration valid in all Member States with one application
• Registration time is approximately 2 weeks, and no novelty examination by the Official Authority.
• Protection time is approximately five years effective from the date of the application. This time-frame can be extended up to a total of twenty-five years of means of being renewed every five years.

OAPI - African Intellectual Property Organization

• OAPI is a community of 17 French-speaking African countries, of which members are Benin, Burkina Faso, Cameroon, Central African Republic, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal, Togo, and Comoros.
• A design registration is valid in all member countries (17 African countries) with one application.
• Protection time is approximately 5 years, and this time-frame can be extended up to a total of 15 years of means of being renewed every five years.

ARIPO - The African Regional Intellectual Property Organization

• It is a registration system that has 10 African member countries as part of design applications.
Botswana, Eswatini (formerly known as Swaziland), The Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, São Tomé & Principe, Sierra Leone, Tanzania, Uganda, Zambia, and Zimbabwe
• The protection period is 10 years by means of the payments for the fees.

Prevent customer losses

To prevent potential imitation issues that can occur within the time-frame from you release your package, model, or pattern designs to the market to the application stage, and avoid customer and right losses, we strongly recommend that you protect the designs you created, with a registration.
Prevent customer losses