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Turkish Industrial Property Code (Law No. 6769)
Article 71

Disseize of design


Article 71

(1) If an application for design is made by a person not being the legal right owner or if the design is registered on behalf of this person or if an unregistered design shall be presented to the public by a person not being the legal right owner, then the person claiming to be the legal right owner may demand the court to transfer the design owner right to himself or to be recognized as the owner of the design without prejudice to his rights and demands arising from the design right.
(2) If a partial right shall be alleged on the design, the recognition of the right owner may be demanded in accordance with the first paragraph and according to rules related to joint ownership.
(3) If demands specified in first and second paragraphs are not alleged within three years after the publication of the registered design or the presentation to the public of the unregistered design, these become void. But in the event that the person not being the legal right owner acts in bad faith, lapse of time shall not be applied.
(4) Demands alleged in legal proceedings instituted in accordance with provisions of this article, final decisions given by the court or any other circumstances finalizing the legal proceedings shall be registered and published upon demand in the Bulletin and have effect on third persons in good faith as of the date of registration in the register.
(5) If an application is registered while the legal proceeding continues, the proceeding regarding application’s disseize turns into a proceeding regarding design’s disseize.


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