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Article 56 - Novelty and Individual Character

Turkish Industrial Property Code (Law No. 6769)
Article 56

Novelty and Individual Character


Article 56

(1) Design shall be protected by this Code provided that it is new and has an individual character.
(2) The design of a part of a complex product shall be considered to be new and to have a distinctive character:
a) if the component part is mounted to the complex product, remains visible during normal use of the complex product;
b) if the visible features of the component part fulfill the requirements as to novelty and individual character.
(3) The normal use explained in this article shall mean use by the end user, excluding maintenance, servicing or repair work.
(4) If an identical design isn’t presented to the public in any part of the world;
a) before application or priority date for the registered design;
b) before the design is presented to the public for the first time for non-registered design, it shall be accepted as a new design.
If the design differs only in immaterial details, it shall also be accepted as identical.
(5) If overall impression created by a design on the informed user differs from overall impression created by any design presented to the public on the same user;
a) before application or priority date for the registered design;
b) before the design is presented to the public for the first time for non-registered design, it shall be accepted that this design has an individual character.
(6) In assessing distinctive character, the degree of freedom of the designer in developing the design shall be taken into consideration.


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