Licences

Exclusive and non-exclusive licences under a design registration may be granted. A licence may be for the entire territory of Turkey or a part thereof. Unless the licence agreement provides otherwise, the licence shall be for the period of protection. A licence agreement must be in writing.

A licence is exclusive only if explicitly provided for in the agreement. If an exclusive licence has been granted, licensor may not grant licences to other parties, and may not himself make use of the design rights, except if stipulated otherwise in the agreement. An exclusive licensee may take infringement action on his own, except if stipulated otherwise in the agreement.

If a non-exclusive licence has been granted, the owner of the registration may grant licences to other persons and may himself make use of the design rights. A non-exclusive licensee may not take infringement action on his own, but he may, in the case of infringement, through a Notary Public serve a notice upon the owner of the registration asking him to take action as required; if the owner would then refuse to take such action or not take such action within three months, the non-exclusive licensee may take action in his place, provided that he must notify the owner of such action. If there is serious danger that damage will occur before expiration of the said three-month period, the non-exclusive licensee may apply to the Court for a restraining injunction.

Except where stipulated otherwise in the agreement, a licensee may not assign his licence rights and my not grant any sub-licences. Licence agreements should be recorded in the Register in order to be effective as against third parties.Not considered infringement are acts relating to a product in which a protected design is incorporated or to which it is applied after the product has been brought into the market in Turkey by the owner of the design or with his consent.

Action by licensee

An exclusive licensee is entitled to take infringement action on his own and to take all actions the owner of the registration is entitled to in case of infringement, except if stipulated otherwise in the licence agreement. A non-exclusive licensee is not so entitled, but may in case of infringement serve notice upon the owner of the design through a Notary Public asking him to take such action as may be required. If the owner of the design then would refuse to take action or fail to take action within three months, the non-exclusive licensee may take action himself provided he notifies the owner thereof. A non-exclusive licensee may apply to the Court for a restraining injunction if serious damage may occur before expiration of said three-month period.