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Turkish Industrial Property Code (Law No. 6769)
Article 64

Examination


Article 64

(1) Office examines compliance of the application with conditions specified in Articles 61 and 63. As a result of examination, if no deficiency in terms of conditions specified in subparagraphs (a) and (b) of first paragraph of Article 61 has been determined, application date finalizes as of the date of the receipt of the application by the Office.
(2) If deficiencies determined as a result of examination in accordance with Articles
61 and 63 are remedied in due time, application date finalizes as the date of application. If deficiencies concerning information and documents listed in subparagraphs (a) and (b) of first paragraph of Article 61 are remedied in due time, application date finalizes as of the date of the remedy of deficiencies in question.
(3) Design protection shall begin from the date of the finalization of the application.
(4) If deficiencies could not be remedied in due time, the application shall be deemed invalid.
(5) Failure to remedy the deficiencies related with priority right in due time shall only cause the loss of the priority right.
(6) The Office rejects the design registration requests;
a) not complying with design and product description,
b) violating public policy or morality,
c) made by natural persons and legal entities not included in the scope of Article 3,
ç) containing the inappropriate use of sovereignty signs taking place in the scope of repeating Article 6 ter of Paris Convention and that covers signs, arms, certificates of achievement or denominations which are outside of this scope but interest the public order and becoming public knowledge in terms of religious, historical and cultural values and for which registration permit shall not be granted by relevant authorities.
d) determined not to be new.
(7) If refusal decision given in subparagraph (b) and (ç) of sixth paragraph shall be relating to only a section of the design, partial refusal decision shall be given for only that section. As a result of a partial refusal, the remaining section must provide the protection conditions and maintain the design identity to ensure the continuity of registration.


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