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Turkish Industrial Property Code (Law No. 6769)
Article 70

Right Ownership


Article 70

(1) Design right belongs to the designer or his successors and it may be transferred.
(2) If design application or design belongs to more than one person, the partnership claim on the right shall be determined pursuant to the agreement concluded between the parties and if there is no such an agreement between the parties, it is determined in accordance with the provisions related to joint ownership in the Turkish Civil Code dated 22/11/2001 numbered 4721. Each right owner can make the following actions on his behalf independently of the others:
a) he can freely dispose on the share belonging to himself;
b) he can use the design by means of notifying the other right owners;
c) in the event that rights arising from design are infringed in any way, he can sue a claim against third persons. In this case, a notification shall be sent by the claimant to the other right holders in order that they can participate in the legal proceeding in question.
(3) Right owners shall be obliged to decide unanimously to grant third persons a license for those to use the design. However, in case of absence of unanimity to grant a license, the court may grant the licensing authority to one or more of the right owners on an equitable basis.
(4) It is not possible to transfer the design application or design registration or to divide those to establish any right on them, even if more than one person becomes right owner of these.


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