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Article 66 - Postponing of the publication

Turkish Industrial Property Code (Law No. 6769)
Article 66

Postponing of the publication


Article 66

(1) The applicant along with the application may request the postponing of the publication for a period of thirty-month starting from the application date or, if any, the priority date.
(2) An application demanding the postponing of the publication and not rejected in accordance with Article 64 shall be registered and recorded in the registry. But the information and documents related to the visual representation of the design and application files shall be made available to third parties examination.
(3) Demand for postponement of the publication regarding design recorded in the registry shall be published in the Bulletin.
(4) The Office shall submit and publish all records and documents relating to the application to third parties for review on the date of expiration of the postponement of the publication or upon right owner’s request on an earlier date. However, the publication fee shall be paid prior to publication. If only a sample of the product for which design is used for or applied to given during application, then the visual representation of the design being suitable for publication shall also be submitted. If these conditions shall not be fulfilled in the due time, protection provided by this Code as from application date of design recorded in the registry shall be deemed invalid.
(5) Information in the registry and the application file must be notified to the defendant to ensure that an infringement could be sued within the postponement duration of the publication.
(6) The publication date of a design for which postponement of publication has been demanded shall be the date of publication of visual representation.
(7) These provisions can also be applied for some of the designs in multiple applications.


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