A design registration is not a right of unlimited duration. Under the Industrial Property Law, a registered design is first protected for 5 years. This period can be extended in five-year periods, but total protection can be no longer than 25 years. For this reason, the commercial life of a design should be planned together with its protection period.

The key points about the protection period are these:

• Initial registration period: 5 years.
• Renewal: in five-year periods.
• Maximum total protection: 25 years.
• Unregistered design protection has its own period: in Turkey, 3 years from the date the design was first made public, and only against copying.

Why renewal matters. If renewal is not made, the registered right does not continue once the protection period ends. Even if the product is still on sale, renewal must be made on time and in the correct way to keep the right in force. Renewal may involve fee payment and document procedures; current fees and procedures follow TÜRKPATENT's current fee schedule.

Build the renewal calendar from the filing date and the protection periods in official records. Do not confuse the certificate’s issue date with the filing date. Include separate fields for checking current procedure, internal approval and confirmation of completion. Checking that contact details are current also helps file management.

Assignment and licensing. A registered design can be assigned or licensed during the protection period. These transactions are also subject to official recording and the requirements of the applicable law.

When protection ends, reassess the design right’s status. Whether another party may use an appearance cannot be decided solely from its renewal record. Trademark elements, contracts and other rights relating to the product may require separate review. Retaining accessible historical records is useful when a file is removed from the active portfolio.

Under Article 69 of the Industrial Property Law, registered design protection is calculated from the filing date. A product launch calendar cannot replace it: the first sale or new catalogue date is separate information. Investigate discrepancies between official records and the company’s portfolio schedule. Non-renewal of a design also does not remove every issue concerning trademarks or other rights.

At a portfolio meeting, review each design’s sales status, remaining stock, planned revisions and licensing arrangements separately. Even if production has stopped, retaining its file may be useful because of stock or previous use. Discuss the design’s role within the product family rather than basing renewal solely on sales figures. Identify who handles the procedure, who checks it and where payment records will be stored. Distinguishing an acknowledgement that a request was received from confirmation that the procedure was completed reduces misunderstandings within the team.

To review a protection plan for your design, see our design monitoring service page (/en/hizmetler/tasarim-izleme). This article is for general information only; consult our attorney for an assessment specific to your file.

This article is for general information only; consult our attorney for an assessment of your specific case.