Research, protect and manage your design rights together with your business strategy.
Visual comparison example
Appearance features of the registered design and the suspected product side by side
| Appearance feature | Status |
|---|---|
| 1.Silhouette | Similar |
| 2.Proportions and contours | Unclear |
| 3.Surface features | Different |
The overall impression is examined, rather than simply counting details.
The legal risks are assessed by comparing the scope of protection of a specific design…
The legal risks are assessed by comparing the scope of protection of a specific design right with the appearance of the suspected product. Similarity alone is not conclusive proof of infringement.
What is design infringement analysis?
Design Infringement Analysis is a specialist field focused on establishing the right relationship between a product’s appearance, its legal protection and…
Design Infringement Analysis is a specialist field focused on establishing the right relationship between a product’s appearance, its legal protection and business objectives in the management of design rights. Kupon Patent provides advice on identifying needs and building a course of action suited to the specific file.
In Türkiye, design rights are protected under Industrial Property Law No. 6769 and the related legislation.
In Türkiye, design rights are protected under Industrial Property Law No. 6769 and the related legislation. A design is the appearance of the whole or a part of a product resulting from features such as its lines, shape, form, colour, material or surface texture. Design protection is different from the protection a patent gives to a technical invention.
Scope of protection and visual comparison
The legal risks are assessed by comparing the scope of protection of a specific design right with the appearance of the suspected product. Similarity alone is not conclusive proof of infringement.
It is assessed on the basis of the registration images, the overall impression of the design, the informed user and the designer’s degree of freedom.
The silhouette, proportions, lines, contours and surface features of the products are considered together. The overall impression is examined, rather than simply counting details.
Special limitations on design protection apply to appearance features that are dictated by the product’s technical function.
Registration status and evidence
The conditions of protection and the scope for enforcing rights may differ between registered and unregistered designs. For unregistered protection, the three-year statutory period and the copying requirements are important.
Product samples, sales listings, dated screenshots, invoices, catalogues and other evidence should be kept together with their source.
Depending on the specific circumstances, remedies such as a preliminary injunction, a declaration of infringement, an order to stop or prevent the infringement, and damages may be considered. Jurisdiction, time limits and the burden of proof are important.
By examining the validity of the design, earlier disclosures to the public, the scope of protection and possible exceptions, options such as modifying the product or reaching a settlement can be assessed.
How do we work in practice?
In practice, the product category, the country concerned, existing registrations and the way the product is used commercially should be considered together.
In practice, the product category, the country concerned, existing registrations and the way the product is used commercially should be considered together. A standard checklist may not be sufficient on its own; the scope of the research and the legal consequences depend on the specific documents. At this stage, Kupon Patent helps gather the necessary documents, classify the risks and prepare well-reasoned decisions.
First, the product or right is defined; then the available documents and data sources are reviewed. Once the comparative assessment is complete, the key findings, uncertainties, priority actions and a follow-up timetable are set out in writing.
OVERVIEW
In Türkiye, design rights are protected under Industrial Property Law No. 6769 and the related legislation. A design is the appearance of the whole or a part of a product resulting from features such as its lines, shape, form, colour, material or surface texture. Design protection is different from the protection a patent gives to a technical invention.
In practice, the product category, the country concerned, existing registrations and the way the product is used commercially should be considered together. A standard checklist may not be sufficient on its own; the scope of the research and the legal consequences depend on the specific documents. At this stage, Kupon Patent helps gather the necessary documents, classify the risks and prepare well-reasoned decisions. First, the product or right is defined; then the available documents and data sources are reviewed. Once the comparative assessment is complete, the key findings, uncertainties, priority actions and a follow-up timetable are set out in writing.
