THE INVALIDITY OF INDUSTRIAL DESIGNS
In terms of Industrial Design Law, ‘invalidity’ is not clearly regulated in Law No. 6769. On the other hand, it is regulated in Article 43 of the Abrogated Decree No.554, and in case of existence of one of the reasons, it is the loss off the rights created in the name or account of the person registered with the registration of the design and in this context, the registration is deleted from the registry held with TPI.
REASONS OF INVALIDITY:
A)The design is not new and distinctive,
B)Design shaping of the technical function,
C)The design is against public order and general morality,
D)The real right owner of the design is someone else,
E)Although the same or a similar design is disclosed to the public later, the application date is counted as being before the design subject to invalidity.
In order for a design to be considered new, the same design must not have been made public anywhere in the World before the application or priority date. Designs that differ by small details are considered the same. The reviews on this subject, which we have summarized with the main point, are not limited to the above. The subject should be examined according to the characteristics of each design.
When the court decision is invalidated about registered designs that do not meet the requirements of the relevant legislation, and when the aforementioned decision is finalized, it will be deleted from the registry. The ‘invalidity decision’ has an effect on the past and it is not possible to obtain a right based on this.