My Product Design Was Copied in Turkey: What Can I Do? Protection of Registered and Unregistered Designs

1. Which designs are protected?

Under the Industrial Property Code No. 6769, a design is the appearance of the whole or a part of a product, or of its ornamentation, resulting from features such as lines, shape, form, colour, material or surface texture. "Product" is broad: besides industrially or hand-made items it includes packaging, graphic symbols and typefaces. Computer programs are not products (IPC art. 55(1)-(2) [1]).

Registered or not, a design is protected only if it meets two requirements (IPC art. 56 [1]):

• Novelty: No identical design was made available to the public anywhere in the world before. Designs that differ only in minor details are treated as identical.
• Individual character: The overall impression the design produces on the informed user (the term used in the law) must differ from the overall impression produced by earlier designs. The degree of freedom the designer had is taken into account; where technical constraints limit the possible shapes, smaller differences may matter.

Making available to the public covers exhibiting, putting on the market, using, describing, publishing or promoting the design. Disclosure to a third party under a confidentiality obligation does not count (IPC art. 57(1) [1]).

Some features are never protected: features dictated by the product's technical function, parts that must have a specific shape and size so the product can be mechanically connected to another product, and designs contrary to public order or morality (IPC art. 58(4) [1]).

2. Registered and unregistered designs compared

These rules come from IPC arts. 55(4), 59, 60, 69 and 81(1)(a) [1]. Applications are filed online through TÜRKPATENT's EPATS system, which can be accessed with an e-Devlet password (TÜRKPATENT [3]). The Office refuses an application if it finds that the design is not new, but it does not examine individual character on its own initiative. Individual character is examined only if a third party opposes after publication or in an invalidity action (IPC arts. 64(6), 67(2) and 77 [1]).

3. What to do first when you discover a copy

Check the status of your right

• Registered: Has the term expired or been renewed? A registration that is not renewed ends when its term expires (IPC art. 69(6) [1]). To sue before the registration is published in the Bulletin, the infringer must have been notified of the application and its scope; if the court finds the infringer acted in bad faith, acts before publication also count as infringement (IPC art. 81(2)). If deferred publication was requested, an infringement action can be brought during the deferment period only if the information in the register and the application file has been notified to the other party (IPC art. 66(5)). Until its images are published in the Bulletin, a design with deferred publication is protected, like an unregistered design, only against copying (IPC art. 59(6)).
• Unregistered: When and how did you first make the design public in Turkey? The three-year term runs from that date. If you first disclosed it abroad, no unregistered design protection arises in Turkey (IPC art. 55(4)).

Secure the evidence

For your own right:

• Dated sketches, digital design files, samples and production records
• First sales invoices, catalogues, trade fair records
• The web page or social media posts where you first presented the design (with visible date and link)
• If an employee or freelance designer created it, the contract showing that the rights belong to you

For the copy:

• A copy purchased with an invoice
• Screenshots of listings and adverts, with web address and date
• The seller's trade name, address and, if available, tax number

If evidence may be lost or altered, you can ask the court for preservation of evidence before filing suit, for example an on-site inspection at the point of sale or an expert examination (Code of Civil Procedure (CCP) art. 400 [4]). The right holder may also ask the court to order the other party to produce documents so the damage can be determined (IPC art. 150(3) [1]).

Is a cease-and-desist letter required?

No. The law does not require a warning letter before suing. A letter does, however, formally notify the other party of your right and your claim. If your application has not yet been published, notifying the other party of it is a precondition for suing (IPC art. 81(2)). Avoid untrue or unnecessarily hurtful statements about the other party in the letter or in public; such statements may themselves amount to unfair competition (TCC art. 55(1)(a)(1) [2]).

4. Civil route: design infringement action

Infringement means using the design right without the holder's consent. Producing, selling, putting on the market, offering for sale, using commercially or stocking for these purposes, or importing a product that is identical or indistinguishable in overall impression from a protected design all constitute infringement. Extending licensed rights without permission and usurping the design right are also infringement (IPC art. 81(1) [1]). The absence of a "registered design" notice on the product or packaging does not prevent infringement (art. 81(3)).

When may there be no infringement?

• Private, non-commercial acts, experimental acts and reproduction for teaching or reference purposes with acknowledgement of the source fall outside the design right (IPC art. 59(3) [1]).
• Exhaustion: Reselling genuine products put on the market by you or with your consent is generally not infringement (IPC art. 152(1) [1]).

What can you ask the court for?

The right holder may request (IPC art. 149 [1]):

• A declaration that the act is infringing
• Prevention of likely infringement and cessation of ongoing infringement
• Removal of the effects of infringement and compensation for material and non-material damage
• Seizure of the copies and of moulds, machines and similar means used exclusively to make them; where necessary, their alteration or, if unavoidable, destruction
• Publication of the final judgment at the other party's expense, where there is a justified reason or interest

Where is the case filed?

Cases are heard by the specialised intellectual and industrial property civil courts; where none exists, by the civil court of first instance designated by the Council of Judges and Prosecutors. The right holder may sue at its own domicile, where the infringing act took place or where its effects are felt (IPC art. 156(1) and (3) [1]).

How are damages calculated?

Damages cover actual loss and loss of profit. Loss of profit is calculated by one of the following methods, chosen by the right holder (IPC art. 151 [1]):

1. The income the right holder would probably have earned without the infringer's competition
2. The infringer's net profit
3. The licence fee the infringer would have paid had it used the design under a licence

If one of the first two methods is chosen and the court finds that the design was a decisive factor in demand for the product, it adds an equitable share (art. 151(4)). If poor-quality copies have harmed the reputation of your design, additional compensation may be claimed (art. 150(2)).

Is mediation required before suing?

Cases arising from intellectual property legislation are commercial cases whether or not the parties are merchants (TCC art. 4(1)(d) [2]). In commercial cases concerning a sum of money, such as receivables and damages, applying to a mediator before filing suit is a mandatory precondition. The mediator concludes the process within six weeks of appointment, extendable by up to two weeks where necessary (TCC art. 5/A [2]). Non-monetary claims such as a declaration, cessation or seizure are not subject to this requirement.

Limitation period

The IPC refers to the Turkish Code of Obligations for limitation of damages claims (art. 157). A damages claim must be brought within two years from learning of the damage and the person liable, and in any event within ten years from the act (Code of Obligations art. 72 [7]).

Interim injunction: stopping sales while the case continues

An interim injunction is a temporary court order protecting your right until the case is decided. If you prove that infringement is taking place in Turkey, or that serious and effective preparations are being made for it, you can ask for the infringing acts to be stopped and for the copies to be seized wherever they are, including customs areas and free zones (IPC art. 159 [1]). Keep in mind:

• As a rule, security is required against the damage the other party may suffer if the request proves unjustified (CCP art. 392 [4]).
• If the injunction is granted before the main case is filed, you must file the main case within two weeks from the date you request its enforcement; otherwise the injunction lapses automatically (CCP art. 397 [4]).

5. Points to watch with unregistered designs

• The term is short: Protection lasts three years from first disclosure and cannot be extended (IPC art. 69(2)).
• Copying must be shown: If the other party shows that it could not reasonably have known of your earlier disclosure and created its design independently, there is no infringement (IPC art. 59(2)).
• You may still be able to register: Disclosure by you, or with your consent, does not destroy novelty or individual character for an application filed within twelve months of that disclosure (IPC art. 57(2) [1]). Registration does not apply retroactively, however; protection starts from the confirmed filing date (art. 64(3)).
• Other laws may apply: If the copy creates confusion with your products, or if someone else's market-ready product is taken over by technical reproduction without an appropriate contribution of their own, the unfair competition rules may apply (TCC arts. 55(1)(a)(4), 55(1)(c)(3) and 56 [2]). Unfair competition claims must be brought within one year of learning that the claims arose and in any event within three years of their arising (TCC art. 60). If the design is a work bearing its author's individual character and having aesthetic value (for example a fashion or textile design, or a decorative art product), it may also be protected under the Law on Intellectual and Artistic Works. That protection does not require registration and can apply alongside IPC protection (Law No. 5846 arts. 1/B and 4 [8]; IPC art. 58(3)). Whether a design qualifies as a work is assessed case by case.

6. If the copier registered the design in its own name

• Opposition: Within three months of publication of the registration in the Bulletin, you may file a written opposition and pay the fee. Grounds include lack of novelty or individual character, bad faith and unauthorised use of an intellectual property right (IPC art. 67(2) [1]).
• Invalidity action: If the opposition period has passed, you may ask the court on the same grounds to declare the registration invalid, meaning it is treated as never having existed. The action may be brought during the term of protection and within five years after the right ends (IPC arts. 77, 78(3) and 79 [1]).
• Usurpation action: If the design is really yours, you may ask for the registration to be transferred to you or to be recognised as the owner. The claim must be brought within three years of publication of the registration; this period does not apply if the registrant acted in bad faith (IPC art. 71).

Also, a person whose registration has a later filing or priority date than your right cannot rely on that registration as a defence in an infringement action you bring on the basis of your earlier right (IPC art. 155 [1]).

7. Copies online and at customs

• Online marketplaces: E-commerce intermediary service providers (marketplaces) must take down the product upon a right holder's complaint based on information and documents about an intellectual property infringement, and notify the seller and the right holder. If the seller objects with documents showing otherwise, the product is relisted. Your right to go to court is reserved (Law No. 6563 art. 9(3) [9]).
• Customs: At the right holder's request, customs may detain goods infringing intellectual and industrial property rights or suspend their clearance. If no interim injunction is obtained from the court within ten working days (three for perishable goods) of notification, the goods are processed normally; for a justified reason, an additional period of up to ten working days may be granted (Customs Law art. 57 [10]).

8. Is there a criminal route?

The IPC provides criminal penalties for trade mark infringement but does not define a criminal offence for design infringement (IPC art. 30 [1]). The same act may, however, be an offence under other laws:

• If the design is a work under Law No. 5846, unauthorised reproduction and sale may constitute the offence in art. 71 of that law (Law No. 5846 arts. 71 and 75 [8]).
• Intentional acts of unfair competition are also offences (TCC art. 62 [2]).

These offences are prosecuted only upon complaint. The complaint must be filed within six months from the day you learn of the act and the identity of the offender (Turkish Criminal Code art. 73 [11]).

9. Hypothetical example

This example is entirely hypothetical. A ceramics studio starts promoting and selling a newly designed mug on its own website in Turkey in March 2026, without registering the design. In October 2026 it sees identical-looking mugs sold by another company on a marketplace. Its unregistered design protection runs until March 2029. The studio gathers its dated sketches and first sales invoices, buys one copy with an invoice and files a documented complaint with the marketplace. When the seller objects, it applies to the court for an interim injunction, and separately goes to mediation for its damages claim. As the twelve-month period has not expired, it also considers filing a registration application; registered protection would start only from the filing date.

10. Frequently asked questions

The copier changed the colour or size slightly. Is it still infringement?

It can be. The law treats designs differing only in minor details as identical, and infringement covers designs that are "indistinguishable in overall impression". What matters is the overall impression, not individual details. As this is a technical assessment, the court may order an expert examination.

I first showed my design at a trade fair abroad. Is it protected in Turkey?

Unregistered design protection requires first disclosure in Turkey, so it will not apply. However, display at an official or officially recognised international exhibition may, under certain conditions, give a priority right for a Turkish registration application filed within six months of the display (IPC art. 62(5)). The twelve-month period after your own disclosure should also be considered (IPC art. 57(2)).

An employee or a freelance designer created the design. Who owns it?

Unless otherwise agreed, the employer owns designs an employee creates as part of their duties or largely on the basis of the business's experience and work. For freelance work, ownership is determined by the contract (IPC art. 73). A written contract with freelance designers is therefore important.

Can I sue people who unknowingly bought and use the copies?

No. The right holder cannot sue or file a complaint against persons who hold or use products put on the market by the infringer only for their personal needs (IPC art. 153(1)). Claims are directed at those who make, sell, import or commercially use the copies.

I have a registration, but the other party says my design was not new. What happens?

The other party may seek invalidation of your registration in court. An invalidity decision is retroactive, but as a rule it does not affect earlier infringement judgments that became final and were enforced (IPC arts. 77 and 79). Since TÜRKPATENT does not examine individual character on its own initiative, it is worth assessing how strong your registration is in this respect before suing.