Article 59
(1) A design shall confer on its holder the exclusive right to use it.
Third parties without the consent of the design right holder cannot produce, put on the market, sell, import, use for commercial purposes or keep in stock for those purposes the product in which the design is incorporated or to which it is applied, or cannot make a recommendation for contract.
(2) Unregistered design gives the right owner the right to prevent acts mentioned in the first paragraph, in case copies of identical designs or in respect of overall impression copies of indistinguishably similar designs are used. A design by an independent designer not being able to know through reasonable ways that the protected design is presented to the public prior to his design, shall not be deemed to have copied the design in the scope of the protection.
(3) The rights conferred by a design right shall not be exercised in respect of:
(a) acts done privately and for non-commercial purposes;
(b) acts done for experimental purposes;
(c) acts of reproduction for the purposes of making citations or of teaching, provided that such acts are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the design, and that mention shall be made of the source.
c) training or reference purpose reproductions provided that they comply with good faiths and they don’t endanger unnecessarily the normal use of design and they show the sources.
ç) the equipment on ships and aircraft registered in another country when these temporarily enter the territory of Turkey concerned, and the importation of spare parts and accessories for the purpose of repairing such craft, and the execution of repairs on such craft.
(4) The use of the design of a component part used for the purpose of the repair of a complex product so as to restore its original appearance within three years after design is released to the market for the first time shall not be deemed as an infringement of the design right provided that no misleading information shall be given about the source of these parts.
(5) The use of equivalent parts published by the Ministry of Science, Industry and
Technology, within the scope of the fourth paragraph and the use within three years after the design is released to the market for the first time shall not be deemed as infringement of the design right.
(6) In concern with designs for which deferment of publication is demanded, the provisions of second paragraph shall be applied until visual representation of the design shall be published in the Bulletin.