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Turkish Industrial Property Code (Law No. 6769)
Article 77

Invalidation


Article 77

(1) The decision related to invalidity of the design shall be given by the court in the following situations:
(a) if it is proven that the design is not fulfilling the definitions specified in the first and second paragraphs of Article 55, failing to meet the conditions specified in Articles of 56 and 57 and that the design is in the scope of the fourth paragraph of Article 58 and subparagraph (c) of sixth paragraph of Article 64 and that the application is made in bad-faith and that it contains the unauthorized use of intellectual property rights.
b) if it is proven that right belongs to another person or other persons;
c) if filing date of an identical or similar design opened to the public later shall be prior to the filing date of a registered design.
(2) If a request for invalidation is made for a part of the design as per subparagraphs
(b) and (ç) of the sixth paragraph of Article 64 for unauthorized use of intellectual property right shall be accepted, only that part of the registration shall be deemed invalid. At the end of a partial invalidation, remaining portion must meet the conditions related to protection and keep the design identity to ensure the continuity of registration.


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