No, declaration or disclosure of consideration is not necessary in order to validly assign the rights.
No, assignment should be done mutually and the express acceptance of the assignee is required for a valid assignment of the rights. In other words, both Assignee and Assignor should sign Assignment Agreement and their signatures should be notarized and legalized by Apostille.
Assignment Agreement should be notarized and legalized by Apostille. Specifically, notary public should expressly approve the signatures of the authorized persons of both Assignor and Assignee. If Apostille is not possible, Assignment Agreement should be legalized by Turkish consulate or embassy.
As a rule, each co-owner has the right over their design rights to use freely. However, in case of an assignment, the remaining co-owner(s) have pre-emption right over the design rights.
In case that one of the co-owners would like to assign its own rights, Assignor (assigning co-owner) or assignee should notify the non-assigning co-owner(s) of the assignment of the rights. Pre-emption right ceases within 3 months from the notification of assignment or within 2 years in any case from the assignment date of the rights. If parties cannot agree, pre-emption right can be used only by filing court action against assignee.
No, it is not obligatory or necessary for the remaining co-owner to be a party to and sign the Assignment (to consent & to waive any rights). TURKPATENT does not investigate the consent of the remaining co-owner(s) when assignment is requested for recordal at the design registry.
Recordal of an assignment is not obligatory. Assignments can only have effect against third parties, who are acting in good faith, as from the date of their entry in the design registry. In other words, it is not possible to put forward the rights on the design against third parties acting in good faith unless and until they are duly entered in the design registry.
Yes, confirmatory/declaratory assignment sufficient to record an assignment in the registry
No actually, a copy of the Assignment Agreement is sufficient provided that it incorporates due notarization and legalized by Apostille within itself.
Yes, a Turkish translation approved by a sworn translator is required for recording assignment.
Assignments should be individually handled for each case (case by case) and the number of changes in the ownership affects the costs of the recordal of assignment even if requests for recordal of assignment are simultaneously filed at TURKPATENT .
Power of Attorney is not required for recording an assignment.
There is no deadline and requirement to record the assignment of the rights in the design registry to keep the design in force. The design remains effective independently from the assignment.
Yes, official fees are payable for recordal of an assignment. If there are more than one design within Assignment, official fees should be paid for each case separately.
Yes, two separate assignment documents of the same content signed and legalized in two different countries are acceptable for recording Assignment.
Yes, it is acceptable provided that Assignment refers to Turkish design application or registration numbers therewithin.
Yes, change of ownership due to Assignment is published in Turkish Design Bulletin.
Yes, a pending design application can be assigned; there is no requirement for grant or registration of application for assignment.
In such case, Assignment Agreement is not required. Instead, an official document duly approved by a governmental or judicial authority of the country, ie. courts, chamber of commerce or industry, finance or tax authority etc., should be submitted. There is no further requirement for notarization or legalization of these kinds of documents. Furthermore, a translation of the document approved by a sworn translator should be provided if the document is not in Turkish.
Seizure is not an obstacle to assign the rights of a design.
Pledge is not an obstacle to assign the rights of a design.
There is no specific content requirement for Assignment Agreement. A simple declaration of transfer of rights by Assignee will be sufficient. Furthermore, design application or registration number or numbers subject to Assignment should be listed in Assignment Agreement for validity.
Yes, a registered or applied-for design can be partially assigned for some of goods or services.
Yes, it is obligatory to indicate desing numbers in order as they appear subject to the transfer in Assignment Agreement. Otherwise, recordal of assignment will not be allowed.
TURKPATENT assign a new application and registration number, open a new registry and issue a new design certificate for the assigned part of the design registration or application. It is not required to pay registration fee for issuing design certificate.
Designs applied for or registered under Madrid Protocol should be assigned before International Bureau of WIPO by use of DM/2 Form. TURKPATENT does not accept requests for recordal of assignment regarding designs applied for or registered under Hague Agreement if they are not filed by means of International Bureau of WIPO.
Do you have further questions about assignments for design registrations in Turkey? Please contact us. We will answer your questions as soon as possible.