Novelty

Not made available to the public anywhere in the world before the filing or priority date through publication, advertising, sale, use, display or in any other way. Furthermore a design may not conflict with another design being the subject of a design application filed in Turkey having an earlier filing or priority date, also where it is available to the public only after the filing or priority date of the first mentioned design (the existence of a conflicting design of earlier priority is a ground for nullification of the registration of the later design). Designs differing only in subordinate details from other designs will not be considered novel.

Not a bar to novelty are:

a)  making available of the design during 12 months before the filing date or, if priority is claimed, during 12 months before the priority date, by the designer or his successor in title, or by a third party with the approval of the designer or his successor in title, or by a third party in breach of his obligations towards the designer or his successor in title;

b)  display of products in which the design is incorporated or to which the design is applied at a national or international exhibition in Turkey or at an official or officially recognized national or international exhibition in a Paris Convention member country, provided that the application for registration is filed within 6 months from the first such display, that exhibition priority is claimed on filing the application for registration, and that evidence from the competent authorities of the exhibition concerned, showing the name of the product, the first date of display and the opening date of the exhibition, together with photographs clearly showing the entire product on display, is furnished.

Individual character: a design to be eligible for protection must be novel and have individual character. A design will be deemed to have individual character if it is significantly different from the designs already made public anywhere in the world and from the designs whose registration has been published by the Turkish Patent Institute and has not yet expired.