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Turkish Industrial Property Code (Law No. 6769)
Article 78

Request for Invalidity


Article 78

(1) Persons concerned can request the court to give a decision related to invalidity of design except in circumstances as stated in the second paragraph.
(2) Invalidity of design may be claimed only by an earlier right owner as per subparagraph (c) of first paragraph of Article 77 and may be claimed only by the design right owner as per Articles 70 and 73.
(3) Legal proceeding may be instituted in concern with invalidity of design during duration of protection or within five years the following the expiration design right.
(4) Invalidation proceeding shall be instituted against person registered as the right owner in the registry on date of the claim. Also a notification shall be sent to those that are registered in the registry as the right owners of the design so that they can participate in the proceeding.
(5) Invalidity proceedings for unregistered designs shall be trialed against person claiming to be the right owner.


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