A utility model is a statutory monopoly granted for a limited time (10 years) in exchange for an inventor providing sufficient teaching of his or her invention to permit a person of ordinary skill in the relevant art to perform the invention. The process of obtaining utility model documents are much more efficient regarding time and monetary expenses when compared to the process of obtaining patent. The relatively cheap and easy process of obtaining a utility model protection is thought to encourage small and medium sized industrialists and our research facilities to innovate and apply these innovations to industry. On the other hand, especially in today’s world, small and medium sized companies face the threat of their competitors replicating their innovations. Giving utility model documents to these small and medium sized companies’ innovations helps their economical status. In other words, utility model protection is designed to function much faster and quicker than the patent protection against infraction actions.
At the same time, adding to the topic of unacceptable topics as innovation, methods and products produced by these methods and chemical substances cannot be given utility model documents.
A patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. The document that shows this right is called the “Patent”. Almost everything that is innovated can be put under the production of patenting. The innovated product’s or system’s rights belongs to the patent holder and cannot be used without proper permission.
Patent is a official document title given to the innovators of the product. It allows them to sell, market, multiply the product innovated or produce products alike the innovated product. Machines, tools, devices, chemical compounds and processes and all means of production can be put under patent protection.
The goal of patent laws is to encourage innovations, provide the necessary protection for creative thought processes and apply the technical solutions produced in the innovation processes to industry. With the given patents and the application of these in the industry, technical, economical and social progress is made. The high number of given patents in the developed countries proves the accuracy of this thought.
Criteria’s Necessary for Acquiring a Patent
Innovation: A product is innovated when its technique is not known to public
The transgression of the known techniques: If the product is produced as a result of an act unknown in the existing literature by an expert in the field , the innovation is accepted to transgress the known state of the technique.
Being feasible in industry: The innovation is accepted as feasible in industry if it can be produced or used in any branch of the industry including agriculture.
Unacceptable Topics as Innovation
Discoveries, scientific theories, mathematical methods,
Plans, rules and methods related to mental, commercial and gaming acts,
Work of art or literature, scientific works, creations which have aesthetic value, computer software,
Methods which has no technical facets related to compliation, arrangement, presentation and conveyance of knowledge
Treatment and surgery methods that are applied to human and animal bodies and diagnostic methods related to human and animal bodies
Topics that cannot be put under Patent Protection despite their innovative nature
Innovations contradicting with public order and morals
Methods to breed plant and animal species or methods that mainly rely on biological fundamentals to breed plant and animal species
Design is the creation of a plan or convention for the construction of an object or a system which have various traits perceivable by human senses. Applying design to industry falls to designing industrial goods category.
Designing industrial goods or industrial design is the process of mass designing which is done according to criteria’s like the needs and problems of the consumers, aesthetics, functionality, ergonomics, material knowledge, marketability, production methods and possibilities.
The aim of industrial design is to contribute to the functionality of the product and help its marketability by changing its exterior. When the consumers choose between two products which are the exact same of each other in terms of quality and technical standards, the design of the product stands out in the selection process of the consumer. In fact, design can be the only factor that appeals to the consumer. Because of this, it is important for the designer to register trademarks for the products and the packacging designs of the goods, which has a enormous significance in commercial competition,
The Necessary Conditions That A Design Should Have for Registering
In order for a design to be registered, it should have certain conditions. These are; innovation, being distinguishable, product or a part of a product, the exterior perceivable by the human senses.
Innovation: If a design hasn’t been made public before the application or preemption date, that design is considered innovating. Designs can only be accepted as the same of each other if they only show similarity in small details.
Being Distinguishable: The word “distinguish” is used to recognize or treat someone or something as different. If there is a clear difference between the impressions that two different designs leave on consumers, those designs are considered as distinguishable.
Product or Part of a Product: A design that is independent of the product cannot put under protection. The design pending for registration needs to be applied to a product or a part of it. These applications legally involve: object, compound system or parts of this system, set, group, packaging, many objects or the compounds of a presentation which can be perceived as a whole, graphic symbols and typographic characters.
Appearance can be detected by human senses: The design, generally attached to the visible exterior of a product, can mainly be perceived with visual senses as well as have differences that can be perceived with the consumer’s five different senses.
The Industrial design process is completed in approximately 12-18 months.
Industrial Design Registration application is reviewed according to criteria’s of: shape, right to apply for registration, right to preference and absolute objection reasons (designs contradicting with the general morals and public order) by Turkish Patent Institute.
The design is recorded to registry if the necessary legal conditions are met and there is no reason for the application to be turned down. The designs that are registered are declared in the Official Industrial Designs Bulletin, which is published every month. The declaration lasts 6 months.
If there is no objections, the application earns the right to receive the registration certificate.
The registered trademark of industrial designs lasts for 5 years starting from application. This duration can be prolonged up to 25 years by renewing the duration every 5 years. After the registration is complete, the copyrights for the design belong to the designer and his successors.
Designs that have no distinguishable value,
Designs contradicting the general morals and public order
Designs that leave no options for the designer about the features and components regarding the implementation of technical functions,
Designs that can only be produced in certain shapes and dimensions to mechanically install the applied product to another product are the design types that are unprotectable.
A trademark, is a recognizable sign, design or expression which identifies products or services of a particular source from those of others The trademark owner can be an individual, business, or any legal entity. A trademark may be located on a package, a label, a voucher or on the product itself. For the sake of corporate identity trademarks are also being displayed on company buildings.
TRADEMARK REGISTRATION PROCESSES AND DURATIONS
Trademark Registration process lasts about 10-12 months and is completed by that time.
– Research and Review Process
The duration of the research and review process carried out by TPE with absolute reasons lasts approximately 4-6 months. If there is no errors or hindrances about the application and the review process ends with a convenient result, the brand is published in Official Brands Bulletin.
– Process of Publishing the Brands in Official Brands Bulletin
The legal duration of proclamation in the bulletin is 3 months. The processes of informing other brand holders and the objections of other similar brand holders are carried out in this duration of the proclamation. If there is no objections to the declaration, the registration process begins.
– Registration Process
The missing documents and fees are completed in the legal durations given by TPE if there is no objections.
The registered trademarks can forever protect their brands by renewing their trademark in every 10 years starting from the application date. There is no need for another application for the renewal process.
According to the legal decree of Protection of the Brands numbered 556, the types of the trademarks are shown below.
– Business Trademark
The trademark for distinguishing a company’s products which they market or produce from any other company’s products.
– Service Trademark
The trademark for distinguishing a company’s services from any other company’s services.
– Shared Trademark
The trademark for distinguishing a group’s, cooperative’s or company’s which share similar groups products or services from another company’s services or products.
– Guaranteed Trademark
The trademark for geographical origination, common traits, production methods and guaranteed quality of common company’s which is controlled by the brand owner.
Real or juridical people can register the brand that they want to use collaboratively as a business trademark or/and service trademark by entering their titles and names together.