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Article 79 - The effect of invalidity

Turkish Industrial Property Code (Law No. 6769)
Article 79

The effect of invalidity


Article 79

(1) Decision related to invalidity of the design causes a retroactive effect and protection by this Code shall be deemed as null and void.
(2) Without prejudice to compensation claims of sufferers due to gross negligence or bad faith of the design owner, retroactive effect of invalidation decision shall not affect the following conditions:
(a) final and implemented decisions of courts due to infringement of the rights provided by design prior to the invalidity decision;
(b) contracts established and performed prior to the invalidity decision.
(3) The return of fee paid pursuant to contracts in the scope of subparagraph (b) of second paragraph can be requested partially or fully on an equitable basis.
(4) The final decisions regarding the invalidity of the design shall be effective for everyone. After finalization of the invalidation decision, the court shall send this decision to the Office ex-officio. The design shall be cancelled in the registry by the Office and published in the Bulletin.


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