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Article 62 - Priority Right Claim and Its Effect

Turkish Industrial Property Code (Law No. 6769)
Article 62

Priority Right Claim and Its Effect


Article 62

(1) Natural persons or legal entities or their successors that are citizens of one of the contracting countries to the Paris Convention or Agreement Establishing the
World Trade Organization or natural persons or legal entities or their successors that have a settlement or a commercial organization in one of these countries, even if not being a citizen of any of these countries, shall benefit from the priority right to make application in Turkey for identical design in the scope of the provisions of Paris Convention within six months starting from the date of their application made duly by them to competent authorities for the registration of the design or utility model. The priority rights not be used within this period shall be forfeited. To benefit from the priority right, the document of priority from the competent authorities to which the first application has been made shall be obtained.
(2) Natural persons or legal entities mentioned in the first paragraph or their successors shall benefit from the priority right in the frame of the provisions of first paragraph based on design application made duly by them in any country that is not a party of Paris Convention or Agreement Establishing the World Trade Organization.
(3) The subsequent application made in the same country and covering the same subject with the previous first application shall be deemed as the first application in determining the priority right provided that the previous application is withdrawn or is accepted as withdrawn or refused without presentation to the public for review and without having granted any right as of the date of the subsequent application or forming a basis for a priority right. The previous application shall not be taken as a ground for the demand of a priority right.
(4) The provisions of this article shall be applied for natural or legal entities mentioned in subparagraph (ç) of the first paragraph of Article 3.
(5) Natural persons or legal entities mentioned in Article 3 exhibiting the design for which application has been made or the product to which design has been applied on national or international exhibitions in Turkey or international official exhibitions or on exhibitions recognized to be official in contracting countries to Paris Convention or Agreement
Establishing the World Trade Organization, shall benefit from the priority right to make application in Turkey within six months starting from the date of exhibition.
(6) If the design for which application has been made or the product to which design has been applied shall be exhibited in a visible way in the exhibition before the official opening date, then the priority right shall commence from date of exhibition of product.
(7) If more than one application shall be made for a product that is identical or similar to product exhibited in any exhibition, the first exhibitor shall benefit from the priority right and if product shall be exhibited at the same time, the first application shall benefit from the priority right.
(8) In case the application shall be made on the basis of a priority right within periods specified in first and fifth paragraphs, applications by third persons and design registrations on behalf of those after the priority date shall be invalid.


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