Turkey: Industrial Design As An Object Of Intellectual Property

Last Updated: 14 October 2015
Article by Julia Krivorot


Industrial design like other intellectual property rights needs protection. The aim of industrial design is to provide added value for the product it is related to. Aesthetic design of the product makes it more attractive for consumers andas its unique feature contributes to the growth of sales volume; therefore the protection of valuable industrial designs should be an essential part of the manufacturer's business strategy. In this article we will review the basics of registration of an industrial design in Belarus.

The term "industrial design" according to the legislation of the Republic of Belarus

According to Article 1000 of the Civil Code of the Republic of Belarus industrial design is an art or art-design solution of a product making up its appearance.

Considering the industrial design in terms of its use in everyday life we assess the appearance of the product and its functionality. In business producing a new product involves the development of its functional and aesthetic features; at the same time such issues as the possibility of realization of the product on the market, the cost of manufacturing, transportation, storage etc. are also taken into account. In terms of intellectual property rights industrial design (design of the product) is assessed proceeding only from the decorarive or aesthetic aspect of the product.

The procedure of registration of an industrial design

Before talking about the protection of an industrial design it should be noted that legislation of many countries (including the legislation of the Republic of Belarus) does not provide legal protection of the solutions contradicting public interests, the principles of humanity and morality; are conditional only on technical functions; refer to objects of architecture (except for small architectural forms), printed products, objects in labile form of liquid, gaseous, granular and similar substances.

By protecting an industrial design through its registration in the national and regional intellectual property offices and therefore strengthening its competitiveness you can prevent its copying or imitation by the competitors; registration of industrial designs encourages fair competition, which stimulates the production of a wide range of aesthetically attractive products. Since the industrial design can be considered as a business asset which can potentially increase the commercial value of the company and its products, its registration will provide profitting from investments in the creation and marketing of products of the relevant design and thereby will increase profits of the company.

The primary individuals of patent rights for an industrial design can be juridical and physical persons who are given a patent with their name or the name of the organization. These individuals are designers of industrial designs -physical persons contributed to the development of industrial designs; employers of designers of industrial designs; the persons referred to by the designers in the patent application; the successors of the persons mentioned above. Protected industrial design can also be the subject of license (or concession) in favor of other persons for a set fee. One more advantage of the license is that you get an opportunity to take niches in the commodity markets, which otherwise would be unavailable for you.

In order to be registered, an industrial design shall meet one or more of the following requirements (depending on the legislation of the country), i.e. meet the conditions of patentability:

Design shall be novel. Industrial design meets the requirement of novelty, if the whole set of its essential features is not known from information became generally available in the world before the date of priority of the industrial design. In the European Union, the industrial design is considered new if before sending the application for registration an identical industrial design is not presented to the public, and industrial designs are considered identical if they differ only in inessential details;

Design shall be original. The requirement of originality provides, in particular, that ideas representing an imitation of other industrial designs(i.e. inessentially changed) are not recognized as original. In some countries, an industrial design must be "individual". This requirement is met if general impression made by the industrial design on an acknowledged user differs from general impression made on him by any design known before and available on the market.

In order to be registered in the Republic of Belarus an industrial design shall meet the following conditions of patentability: to be novel and original.

Registration of an industrial design in the Republic of Belarus includes the following procedures:

  • fulfill an application form in which you must provide information regarding the designer of the industrial design and the person in whose name the patent is requested, as well as their place of residence or location;
  • provide a set of images giving a full and detailed picture of the appearance of the product;
  • write a description of the industrial design which includes its essential features (the essential features of the industrial design include features that determine the aesthetic and / or ergonomic features of appearance of the product, its shape and configuration, ornament and color combination);
  • pay the established patent fees for application and registration.

Some agencies register industrial designs only after a formal examination in order to make sure that all the formal requirements are met. Other agencies carry out examination of the application in order to find out the industrial designs registered before to indicate the fact of novelty and (or) originality of the industrial design referred to in the application. In the Republic of Belarus registration of industrial designs is made without examination aimed to determine novelty and (or) originality.

After registration the design is included into the State Register of Industrial Designs and published in the Official Bulletin and after that a patent for industrial design is issued. In the Republic of Belarus the information on the patent is published and the patent is given to the owner after 8 - 10 months from the date of sending the application. The patent for an industrial design is valid for 10 years and can be extended for 5 years.

Protection of industrial designs is based on the territorial aspect, i.e. the protection is usually limited to the region where industrial design was registered. If a company exports products which include an industrial design developed before or intends to license the manufacture, sale or export of such products to foreign companies, it is necessary to consider the provision of legal protection of industrial design in these countries.

There are several ways to provide protection of industrial designs abroad:

  1. National procedure. Companies get protection by sending applications to the patent offices of each country where they intend to apply for protection. The disadvantage of the national procedure is its high cost and long duration as it involves making translation of required documents into national languages, as well as paying different procedural fees.
  2. Regional procedure. Companies get protection in the countries which are parties of regional agreements valid in several countries allowing to register industrial designs by sending a single patent application to the appropriate regional office.
  3. International procedure. Companies that want to register industrial designs in several countries may also use the procedures available under the Hague Agreement on the International Deposit of Industrial Designs. The applicant company submits an application to the World Intellectual Property Organization (this organization fulfill the administrative functions of the Hague Agreement on the International Deposit of Industrial Designs), one international application and in this case the industrial design may get protection in those countries of the agreement which he chooses. The advantage of this procedure is the ability to apply for protection simultaneously in a large number of countries with a rather accessible and easy way of application.


Industrial designs are the result of art design which involves different types of development activities. Aesthetic and ergonomic shapes and patterns of products are undoubtedly essential for the commercial success of the company. Therefore, the effectiveness of protection of new and original art and art-design solutions is closely connected to the possibility to prevent economic damage in unfair competition in the market.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement

    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions